1.This agreement
This End User License Agreement (this "License") is between you, the individual who installs or uses the application ("you"), and PavlEx Incorporated("we", "us"). The "App" means the Oplix Go mobile application, including all updates, and any documentation we provide with it.
By downloading, installing, or using the App you accept this License. If you do not accept it, do not install or use the App and delete it from your device.
The App is a client for the Oplix service. Your organization's use of Oplix is governed by our Terms of Service, and the handling of personal information is described in our Privacy Policy. If this License conflicts with the Terms of Service on a matter specific to the App, this License controls for that matter.
2.License grant
Subject to your compliance with this License, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on a mobile device that you own or control, solely to access the Oplix service on behalf of the organization that issued your account, and solely for that organization's internal business purposes.
For Apple devices, this license permits use on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing only where the underlying Oplix account permits it.
The App is licensed, not sold. We and our licensors retain all right, title, and interest in the App, and all rights not expressly granted are reserved.
3.Restrictions
You must not:
- Copy, modify, adapt, translate, or create derivative works of the App;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the App's source code, except to the limited extent applicable law prohibits this restriction;
- Rent, lease, lend, sell, redistribute, sublicense, or provide the App to a third party;
- Remove, obscure, or alter any proprietary notice in the App;
- Use the App on a device that has been jailbroken, rooted, or otherwise modified to defeat its security controls;
- Use the App to access data you are not authorized to access, or to circumvent the roles, permissions, sync scoping, or device revocation controls of the service;
- Extract, copy, or transmit data from the App's local database other than through features the App provides; or
- Use the App in any way that violates our Terms of Service or applicable law.
4.Account and subscription required
The App has no standalone functionality. It requires credentials issued by an organization with an active Oplix subscription and a network connection for initial sign-in and for synchronization. If your organization's subscription lapses, or your account or device is deactivated or revoked by your administrator, the App will stop functioning and will purge the data cached on your device.
Your organization controls your account. It decides what data your role can see, can view the work you record, and can revoke your access and wipe company data on your device at any time.
5.Company data stored on your device
To work offline, the App stores an encrypted copy of your organization's business data on your device. You agree that:
- That data is your organization's confidential business information, not yours, and you may use it only for your work.
- You will protect the device with a passcode and, where your organization enables it, the App's biometric or passcode lock.
- You will report a lost, stolen, or compromised device to your organization immediately so it can be revoked.
- You will sign out of the App or uninstall it when you stop working for the organization or hand the device to someone else.
- Amounts, prices, taxes, and availability shown while offline are estimates; the authoritative values are those the server produces on synchronization.
- Work captured offline is not recorded in the service until it synchronizes successfully, and may be rejected by server-side rules. Rejected or conflicting items appear in the App's Sync area for you to resolve.
6.Updates and changes
We may release updates, and your device may install them automatically depending on your settings. Updates may add, change, or remove functionality. Continued use after an update is acceptance of this License as applied to the updated App. We may require you to install an update in order to continue using the App, and we may discontinue support for older versions or for operating-system versions no longer supported by Apple or Google.
7.Privacy
Our handling of personal information in the App — including the on-device cache, device registration, secure credential storage, biometric unlock, and diagnostics — is described in the Privacy Policy. The App contains no advertising or marketing software development kits, does not use the App Tracking Transparency framework, and does not track you across other companies' apps or websites.
8.Maintenance and support
For help, contact admin@oplix.us or see our support page. Support is provided to organizations with an active subscription, in English, during United States business hours.
9.Term and termination
This License takes effect when you install the App and continues until terminated. It terminates automatically if you breach it, if your account or device is revoked, or if your organization's subscription ends. You may terminate it at any time by uninstalling the App. On termination you must stop using the App and delete it; the App will purge the company data cached on your device. Sections 5, 10, 11, and 12 through 14 survive termination.
10.Disclaimer of warranties and limitation of liability
The limitations of liability in Section 18 of the Terms of Service apply to this License and to your use of the App, and are incorporated here by reference. If you are an individual user rather than the subscribing organization, our total aggregate liability to you for all claims relating to the App will not exceed one hundred United States dollars (US$100).
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you; in that case they apply to the greatest extent permitted by law.
11.Additional terms for Apple App Store downloads
If you obtained the App from the Apple App Store, the following applies and prevails over any conflicting provision of this License:
- Acknowledgement. This License is between you and PavlEx Incorporated only, and not with Apple Inc. ("Apple"). PavlEx Incorporated, not Apple, is solely responsible for the App and its content.
- Scope of license. The license granted in Section 2 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. PavlEx Incorporated is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services.
- Warranty. PavlEx Incorporated is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be PavlEx Incorporated's sole responsibility.
- Product claims. PavlEx Incorporated, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property claims.If a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, PavlEx Incorporated, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance.You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints, and claims regarding the App should be directed to PavlEx Incorporated at admin@oplix.us.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.
- Third-party beneficiary.Apple and Apple's subsidiaries are third-party beneficiaries of this License, and upon your acceptance of this License Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary.
12.Additional terms for Google Play downloads
If you obtained the App from Google Play, the following applies and prevails over any conflicting provision of this License:
- This License is between you and PavlEx Incorporated only, and not with Google LLC ("Google"). Google is not a party to this License and is not responsible for the App or its content.
- Your use of Google Play is governed by the Google Play Terms of Service, and this License does not modify them. Where this License conflicts with the Google Play Terms of Service with respect to your use of Google Play, the Google Play Terms of Service control for that matter.
- PavlEx Incorporated, not Google, is solely responsible for the App, for any maintenance and support, for any warranty, and for addressing any claim relating to the App, including product liability, regulatory conformity, consumer protection, and intellectual property infringement claims.
- Google has no obligation or liability to you with respect to the App or this License.
13.Export control and legal compliance
The App may be subject to United States export control and sanctions laws. You represent that you will not use or export the App in violation of those laws, that you are not located in a country or region subject to comprehensive United States sanctions, and that you are not on any United States government restricted-party list.
The App uses standard encryption available in the underlying operating system and standard transport security. You are responsible for compliance with any import or use restrictions on encryption in your jurisdiction.
14.Governing law and general terms
This License is governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. The dispute resolution, arbitration, and class action waiver provisions in Section 20 of the Terms of Service apply to this License and are incorporated here by reference. Nothing in this section deprives you of the protection of mandatory consumer law in your place of residence, where such law applies.
If a provision of this License is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign this License; we may assign it freely. This License, together with the Terms of Service and Privacy Policy, is the entire agreement between you and us regarding the App.
15.Contact
PavlEx Incorporated — publisher of Oplix Go (us.oplix.go)
PavlEx Incorporated, attention: Legal — admin@oplix.us
Questions, privacy requests, and legal notices: admin@oplix.us.