1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you") and LTFI Tech, LLC, a Massachusetts limited liability company and maker of the OpsPing service ("LTFI Tech," "OpsPing," "we," "us") governing your access to and use of the OpsPing on-call paging and alerting service, including the OpsPing mobile application and related APIs and websites (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. These Terms are effective as of August 2026.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" refers to that organization.

2. The Service

OpsPing is a software-as-a-service (SaaS) on-call paging and alerting product for DevOps and operations teams. The Service delivers alerts through multiple channels — mobile push notifications, email, and (optionally) SMS/voice — and provides escalation policies and team scheduling features.

3. Beta Status

The Service is currently in beta. You acknowledge and agree that:

4. Accounts and Eligibility

You must be at least 18 years old to use the Service. You are responsible for maintaining the confidentiality of your account credentials, for all activity under your account, and for the accuracy of the contact information (including on-call phone numbers and email addresses) you provide.

5. Acceptable Use

You agree not to: (a) use the Service in violation of any law or regulation; (b) use the Service to send spam, unsolicited messages, or harassing content; (c) attempt to gain unauthorized access to the Service or its underlying systems; (d) reverse engineer the Service except as permitted by law; or (e) resell the Service without our written consent.

6. Payment Terms

Pricing for the Service is described on our Pricing page. Fees, if any, are billed in advance on the subscription term selected at purchase, are non-refundable except as required by law, and are exclusive of taxes, which you are responsible for. During the beta period, access may be offered free of charge; we will provide advance notice before charging for any feature previously offered free.

7. Subprocessors

In providing the Service, we use the following third-party subprocessors:

We may add or replace subprocessors from time to time. Where required by a Data Processing Agreement between you and us, we will provide notice of subprocessor changes and an opportunity to object as described in that agreement. See the full subprocessor list for details.

8. Data Retention

Alert logs and operational data are retained for ninety (90) days and then automatically and permanently purged. You are solely responsible for exporting or preserving any data you need beyond the 90-day retention window. We have no obligation to retain, and no liability for the purge of, data after this period.

9. Your Data

You retain all rights in the data you submit to the Service, including account information and on-call contact details. You grant us a limited, non-exclusive license to process that data solely to provide and improve the Service in accordance with these Terms and our Privacy Policy. You represent that you have obtained any consents required to provide us with the contact information (e.g., phone numbers of on-call team members) you submit.

10. Missed Alerts and Delivery Limitations

Alert delivery depends on third-party systems we do not control, including mobile carriers, device operating systems, push notification services, and email infrastructure.

OpsPing is not responsible or liable for any failure, delay, or non-delivery of alerts caused by: (a) carrier or telecommunications issues, (b) outages or degradations of third-party services (including AWS, Expo, Amazon SES, or Twilio), (c) device settings (such as Do Not Disturb, battery optimization, or notification permissions), or (d) your misconfiguration of the Service, including incorrect contact details, schedules, or escalation policies.

You are responsible for testing your alert configuration and maintaining backup notification procedures appropriate to the criticality of your operations.

11. Intellectual Property

We own all rights in the Service itself, excluding your data. These Terms do not grant you any right to our trademarks, branding, or underlying software except the limited right to use the Service as permitted here.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access for breach of these Terms or, during beta, for any reason with reasonable notice where practicable. Upon termination, your right to use the Service ends immediately, and your data will be handled per our retention and deletion practices (see Section 8 and our Privacy Policy). Sections that by their nature should survive termination — including Sections 8, 10, 13, 14, and 19 — survive.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSPING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM A MISSED, DELAYED, OR UNDELIVERED ALERT, whether caused by carrier issues, third-party service outages, device settings, or user misconfiguration. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD 100) IF YOU HAVE PAID NOTHING.

15. Indemnification

You will indemnify and hold OpsPing harmless from claims arising out of your misuse of the Service, your violation of these Terms, or your submission of contact information or other data without required consents.

16. Confidentiality

Each party agrees to protect the other party's non-public information disclosed in connection with the Service with reasonable care and to use it only for purposes of these Terms.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance.

18. Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Massachusetts, and the parties consent to the jurisdiction of those courts.

20. Contact

Questions about these Terms: legal@ops-ping.com. Effective date: August 2026.