Terms & Conditions

1. Introduction and Acceptance

These terms and conditions ("Terms") constitute a legally binding agreement between you ("User", "you") and Opscale Group, CVR 44583216 ("Opscale", "we", "us"), a company registered in Denmark.

By creating an account or using the Opscale platform ("Service"), you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree with these Terms, you must not use the Service.

2. Description of the Service

Opscale is a cloud-based operations management platform for restaurants, cafés, bars, and hotels. The Service provides:

• Time-based task scheduling and checklists
• Standard Operating Procedure (SOP) management
• Multi-location and team management
• OpsCenter for front-line staff
• Task completion tracking and operational metrics
• Inventory and prep management tools

3. Account Registration

3.1 You must be at least 16 years of age to create an account.

3.2 You must provide accurate and complete information during registration and keep your account information up to date.

3.3 You are responsible for maintaining the confidentiality of your account credentials, including any OpsCenter PINs configured for your organization.

3.4 You must immediately notify us of any unauthorized use of your account.

3.5 One person or organization may not maintain multiple free accounts.

4. Organization Accounts

4.1 An organization account is created by the initial user ("Owner"). The Owner may invite other users as managers or employees.

4.2 The Owner is responsible for all activity within the organization, including data entered by managers and employees.

4.3 Ownership may be transferred to another member of the organization via the settings page.

4.4 When an employee or manager is removed from an organization, their access is revoked immediately. Past task completion records may be retained in anonymized form.

5. Subscription and Payment

5.1 The Service offers both free and paid plans. Features available on each plan may differ.

5.2 Paid subscriptions are billed through Polar, our Merchant of Record. By subscribing, you also agree to Polar's Terms of Service.

5.3 Subscription fees are charged as a flat monthly rate per plan tier (Starter, Professional, Business, or Enterprise). Each tier includes a set number of locations and staff members.

5.4 Prices are displayed excluding VAT. VAT is calculated and applied at checkout based on your location, in accordance with EU VAT regulations.

5.5 You may cancel your subscription at any time through the billing portal. Access continues until the end of your current billing period.

5.6 We reserve the right to change pricing with 30 days' prior notice. Existing subscribers will be notified before any price change takes effect.

5.7 Refunds: Refund requests are handled by Polar as Merchant of Record, subject to Polar's Terms of Service. To request a refund, contact us at info@getopscale.com.

5.8 EU right of withdrawal: If you are a consumer in the EU, you have the right to withdraw from a subscription within 14 days of purchase without giving any reason. If you have used the Service during the withdrawal period, you may be charged a proportionate amount for the services actually provided. To exercise this right, contact us at info@getopscale.com.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation
• Upload content that is illegal, harmful, threatening, abusive, defamatory, discriminatory, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Service, its systems, or other users' accounts
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service
• Resell, sublicense, or redistribute the Service or any part thereof without our prior written consent
• Use the Service to store special category personal data (health data, biometric data, data concerning sexual orientation, political opinions, trade union membership, etc.) unless you have obtained appropriate explicit consent and a lawful legal basis under GDPR Article 9
• Upload images containing personally identifiable information of individuals who have not consented
• Use automated scripts, bots, scrapers, or other automated means to access or interact with the Service, except through our published APIs
• Share account credentials with unauthorized third parties or allow multiple individuals to use the same account credentials
• Use the Service for competitive analysis, benchmarking, or to build a competing product or service
• Circumvent or attempt to circumvent any rate limits, usage restrictions, security measures, or access controls
• Use the Service for purposes unrelated to legitimate hospitality or food-service business operations
• Transmit any viruses, malware, or other harmful code through the Service
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including without limitation suspending or terminating the offending user's account and reporting them to the appropriate authorities.

7. AI Features

7.1 Nature of AI features. The Service includes AI-powered features, such as an AI assistant, that use third-party artificial intelligence models to generate text-based responses and suggestions. In accordance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), we inform you that when you use the AI assistant, you are interacting with an AI system, not a human.

7.2 No guarantee of accuracy. AI-generated content is provided "as is" for informational and operational convenience only. AI outputs may contain errors, inaccuracies, or incomplete information. Opscale does not warrant the accuracy, completeness, reliability, or fitness for any particular purpose of any AI-generated content.

7.3 Human oversight required. You must review all AI-generated content before acting on it. AI features are tools to assist human decision-making and must not be used as the sole basis for any decision, particularly regarding:

• Food safety, hygiene, or allergen management
• Regulatory or legal compliance
• Employment decisions (hiring, dismissal, performance evaluation, disciplinary action)
• Health and safety matters
• Financial or accounting decisions

7.4 Acceptable use of AI features. When using AI features, you additionally agree not to:

• Attempt to make the AI produce harmful, illegal, discriminatory, or misleading content
• Use AI features to generate content that discriminates against employees or any other individuals on the basis of race, gender, religion, disability, age, sexual orientation, or any other protected characteristic
• Input sensitive personal data (such as health data, biometric data, or financial account details) into AI conversations unless the Service explicitly supports such processing
• Attempt to extract, reverse-engineer, or replicate the underlying AI models or their training data
• Use AI features to circumvent employment law or any other applicable legislation
• Use prompt injection, jailbreaking, or similar techniques to override AI safety measures or system instructions
• Rely on AI outputs as professional advice (legal, medical, financial, food safety, or otherwise)

7.5 Data processing. When you use AI features, your conversation messages and relevant operational context from your account are sent to third-party AI service providers for processing. See our Privacy Policy for details on how AI data is processed, retained, and protected.

7.6 Intellectual property. AI-generated outputs are provided to you under your subscription license for use in your business operations. You acknowledge that AI-generated content may not be eligible for copyright protection under applicable law. Opscale makes no guarantee that AI-generated content does not infringe third-party intellectual property rights.

7.7 Limitation of liability for AI. To the maximum extent permitted by applicable law, Opscale shall not be liable for any damages, losses, or costs arising from your reliance on AI-generated content, including but not limited to errors or omissions in AI outputs, decisions made based on AI suggestions, or any failure of the AI to identify risks or compliance issues. This limitation applies regardless of whether we were advised of the possibility of such damages.

7.8 Availability. AI features may be subject to usage limits based on your subscription tier. We may modify, suspend, or discontinue AI features at any time, with reasonable notice for material changes.

8. Intellectual Property

8.1 The Service, including its design, code, features, and branding, is owned by Opscale Group and protected by copyright and other intellectual property laws.

8.2 You retain ownership of all content you upload to the Service (tasks, SOPs, images, etc.). By uploading content, you grant us a limited license to store, process, and display that content as necessary to provide the Service.

8.3 This license terminates when you delete the content or your account.

8.4 AI-generated content is provided under the terms set out in Section 7.6.

9. Data Protection

9.1 We process personal data in accordance with our Privacy Policy and applicable data protection legislation, including GDPR and the Danish Data Protection Act.

9.2 Where an organization uses the Service to manage employee operations, Opscale acts as a data processor on behalf of the organization (the data controller). The data processing terms are governed by these Terms and the Privacy Policy.

9.3 You have the right to export and delete your data as described in our Privacy Policy.

10. Service Availability and Modifications

10.1 We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control.

10.2 We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. For material changes that negatively affect your use, we will provide at least 30 days' notice.

10.3 We may update the Service with new features, improvements, or bug fixes without prior notice.

11. Limitation of Liability

11.1 To the maximum extent permitted by applicable law, Opscale shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

11.2 Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you have paid us in the 12 months preceding the claim.

11.3 Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under applicable EU or Danish law.

11.4 The Service is provided for operational management purposes. You should not rely solely on the Service for food safety compliance, regulatory reporting, or other legally mandated record-keeping.

11.5 Specific limitations of liability for AI-generated content are set out in Section 7.7.

12. Indemnification

You agree to indemnify and hold harmless Opscale, its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service (including AI features), your violation of these Terms, or your violation of any rights of a third party.

13. Termination

13.1 You may terminate your account at any time from Settings > Data & Privacy.

13.2 We may suspend or terminate your account if you violate these Terms, with notice where practicable.

13.3 Upon termination, your right to use the Service ceases immediately. We will retain your data as described in our Privacy Policy.

13.4 Sections 7 (AI Features), 8 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law and Dispute Resolution) survive termination of these Terms.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or through a notice in the Service. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

15.1 These Terms are governed by and construed in accordance with the laws of Denmark, without regard to conflict-of-law principles.

15.2 Any disputes arising from or in connection with these Terms shall be submitted to the competent courts of Denmark.

15.3 If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Our email for ODR correspondence is info@getopscale.com.

15.4 Nothing in these Terms affects your statutory rights as a consumer under mandatory EU or Danish consumer protection law.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Opscale regarding the Service.

18. Contact

For questions about these Terms:

Opscale Group
CVR: 44583216
Email: info@getopscale.com