Terms of Service - OpsAgent

Last Updated: January 1, 2025

Scope of Application
Registration, Contract Formation
Services
Obligations
Payment for Services
Contract Duration, Termination
Warranty and Liability
Data Protection
Alternative Dispute Resolution
Final Provisions

1. Scope of Application

1.1 OpsAgent UG (haftungsbeschränkt), Clausewitzstr. 21, 42389 Wuppertal, registered with Local Court (Amtsgericht) Wuppertal under HRB 36493, represented by the managing directors Pascal Kremp – hereinafter "OpsAgent" –, is the operator of the OpsAgent platform (hereinafter "Platform"). OpsAgent provides HubSpot apps and integrations for businesses. The following general terms of use apply to the use of the Platform and its services.

1.2 Deviating terms and conditions of the user shall not become part of the contract, even if OpsAgent does not expressly object to them in individual cases.

2. Registration, Contract Formation

2.1 Registration is required to access all functions of the Platform. To do so, the user fills out the provided form and agrees to the applicable terms of use and the privacy policy. Upon registration, a contract for the use of the Platform is established with OpsAgent.

2.2 The conclusion of a user contract may result in payment obligations for the user depending on the apps used and the actions performed. Users will be clearly informed of any costs before they arise.

3. Services

3.1 OpsAgent provides a marketplace for HubSpot apps and integrations. Users can browse, install, and use various apps designed to enhance their HubSpot experience.

3.2 Some basic features may be available free of charge, while advanced features and actions are subject to pay-per-use charges. OpsAgent reserves the right to modify available features and pricing at any time with reasonable notice.

3.3 OpsAgent strives to maintain high availability but does not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

4. Obligations

4.1 In the event of disruptions in the use of the Platform, the user shall immediately inform OpsAgent of these disruptions.

4.2 The user shall inform OpsAgent in a timely manner of changes to their contact details at least in text form (email).

4.3 The user is responsible for maintaining the security of their account credentials and for all activities that occur under their account.

4.4 The user agrees not to use the Platform for any illegal purposes or in violation of HubSpot's terms of service.

5. Payment for Services

5.1 OpsAgent operates on a pay-per-use, action-based pricing model. Users are charged based on the actions performed through the Platform and its apps. Payment is processed through the provided payment methods. Users will be clearly informed of all applicable costs per action before any paid features are activated.

5.2 OpsAgent uses a trust tiering system. Each user account is assigned a trust level that determines the invoicing terms. At lower trust levels, invoices are generated more frequently and for smaller amounts. As a user's trust level increases — based on factors such as account age, payment history, and usage volume — the billing threshold and the time interval between invoices increase, resulting in fewer, consolidated invoices for higher-tier users.

5.3 Invoices are generated automatically once the applicable billing threshold or time interval for the user's current trust level is reached. Payment is due upon receipt of the invoice. OpsAgent reserves the right to adjust trust levels at its discretion based on the user's payment behavior and account standing.

5.4 Notwithstanding the trust tiering system described above, OpsAgent reserves the right to issue invoices to the user at any time and for any amount owed, including but not limited to charges for actions performed, outstanding balances, adjustments, or other fees arising from the use of the Platform. The trust tiering system serves as the standard invoicing mechanism but does not limit OpsAgent's right to invoice outside of the regular billing cycle.

5.5 OpsAgent reserves the right to change pricing for actions with at least 30 days' notice to existing users. Updated pricing will apply to actions performed after the effective date of the change.

6. Contract Duration, Termination

6.1 The contract is concluded for an indefinite period. The user may terminate this contract at any time, without notice and without stating reasons. OpsAgent does not impose lock-in periods, cancellation fees, or minimum contract durations. Users are free to leave at any time.

6.2 Upon termination by the user, no further costs will be generated. Only charges for actions already performed prior to the effective date of termination remain due, if not yet invoiced. No additional fees, penalties, or charges of any kind will be applied as a result of termination.

6.3 This does not affect the right of the parties to terminate the contractual relationship through extraordinary termination for good cause. For OpsAgent, good cause exists if the user persistently violates their obligations.

6.4 Termination by OpsAgent is considered legally valid if a corresponding notification is sent to the email address provided by the user.

7. Warranty and Liability

7.1 OpsAgent is only liable for contract-typical, reasonably foreseeable damages. This limitation of liability does not apply to damages resulting from injury to life, body, and health, or in cases of intent and gross negligence.

7.2 OpsAgent is not responsible for the availability or functionality of third-party services, including HubSpot, that the Platform integrates with.

7.3 OpsAgent strives to offer uninterrupted operation of the Platform. Complete, seamless availability of the Platform is technically not feasible.

8. Data Protection

8.1 Data protection is governed by the privacy policy of OpsAgent, which can be accessed here.

9. Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. OpsAgent is not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

10. Final Provisions

10.1 This contract remains binding in its remaining parts even if individual points are legally invalid. The statutory provisions shall take effect in place of the invalid points.

10.2 Amendments and supplements to the contract require written form.

10.3 In all disputes, the lawsuit must be filed with the court responsible for the registered office of OpsAgent, whereby mandatory provisions remain unaffected.

10.4 OpsAgent will inform the user of changes to these conditions in advance at least in text form. If the user does not object to the change within at least 4 weeks of notification, this shall be deemed consent to the change.

Status: January 1, 2025 - Version 1.0