Terms of Service

Last updated: April 11, 2026

These Terms of Service ("Terms") govern your access to and use of OpsBrain, a web-based inventory management application operated by Avissh AI LLC ("Company," "we," "us," "our"). By accessing or using OpsBrain, you agree to be bound by these Terms.

1. Definitions

• "Service" means the OpsBrain web application at app.getopsbrain.com, the marketing website at getopsbrain.com, and all related features and tools.
• "Customer" means the business entity (store, franchise location, or company) that subscribes to OpsBrain.
• "User" means any individual who accesses the Service using a Customer's setup code and PIN.
• "Your Data" means all inventory, count logs, delivery records, waste logs, order history, staff information, and other data you enter into or generate through the Service.

2. Account and Access

To use OpsBrain, your store must be provisioned with a setup code. You are responsible for:

• Maintaining the confidentiality of your setup code and staff PINs
• All activity that occurs under your store account
• Ensuring that only authorized personnel access the Service
• Providing accurate store and contact information during onboarding

You must notify us immediately at hello@getopsbrain.com if you suspect unauthorized access to your account.

3. Subscription and Billing

Plans and Pricing

OpsBrain is offered on a monthly subscription basis. Current plans and pricing are listed at getopsbrain.com/#pricing. We reserve the right to change pricing with 30 days' written notice to active subscribers.

Founding Operator Pricing

Customers enrolled in the Founding Operator program receive a locked monthly rate for the duration of their continuous subscription. If a Founding Operator cancels and later resubscribes, the locked rate may no longer be available.

Founding Operator pricing is permanently exempt from future price increases for the duration of continuous, uninterrupted subscription. Standard price change provisions (30-day notice) do not apply to Founding Operator accounts. If a Founding Operator cancels and later resubscribes, the Founding Operator rate is no longer guaranteed and standard pricing will apply.

Free Trial

New customers receive a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you must subscribe to continue using the Service. If you do not subscribe, your access will be suspended but your data will be retained for 30 days.

Payment

Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis. All fees are non-refundable except as described in Section 4.

Setup Fees

A one-time setup fee may apply for SKU loading, PAR configuration, and training. Setup fees are disclosed before onboarding and are non-refundable once the work has been completed.

4. Cancellation and Refunds

• You may cancel your subscription at any time by emailing hello@getopsbrain.com.
• Cancellation takes effect at the end of the current billing period. You will retain access through the end of the period you have already paid for.
• After cancellation, your data is retained for 30 days. During this window, you may reactivate your account and all data will be intact. After 30 days, your data is permanently deleted.
• We do not offer prorated refunds for partial months. If you cancel mid-cycle, you retain access until the end of that cycle.
• If you are dissatisfied within the first 30 days of a paid subscription, contact us and we will work with you on a resolution, which may include a refund at our discretion.

5. Your Data

Ownership

You retain full ownership of Your Data. We do not claim any intellectual property rights over your inventory data, count logs, delivery records, or any other information you enter into the Service.

License to Us

You grant us a limited license to use Your Data solely for the purpose of providing and improving the Service. This includes processing your data through AI models for features such as smart ordering predictions and invoice scanning.

Data Export

You may request a complete export of Your Data at any time by emailing hello@getopsbrain.com. We will provide your data in CSV format within 5 business days.

Data Isolation

Your Data is isolated from other customers using database-level row-level security. No other OpsBrain customer can access your data.

Aggregate Data

We may use anonymized, aggregated data (data that cannot identify you or your store) to improve our products, generate industry benchmarks, or for other business purposes.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to other customers' data
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to store or transmit malicious code
• Share your setup code or staff PINs with unauthorized individuals
• Resell, sublicense, or redistribute the Service without our written consent
• Use automated scripts or bots to access the Service in a manner that degrades performance for other users

7. AI Features and Accuracy

• Invoice scanner: AI-powered text extraction may contain errors. Always review extracted items and quantities before confirming a delivery check-in.
• Smart ordering: Order predictions are based on historical patterns and may not account for all variables (promotions, events, menu changes). Predictions improve with use but are not guaranteed to be accurate.
• Weather adjustments: Demand adjustments based on weather forecasts are estimates and may not reflect actual demand at your location.
• Savings estimates: Dollar savings figures referenced on our website and in the application are based on results observed at specific locations and may not be representative of results at your location. Individual results will vary based on store volume, ordering patterns, waste rates, and operational practices.
• AI model improvements: We may use anonymized, aggregated patterns from across all OpsBrain stores (never individual store data) to improve our AI prediction models. Individual store data is never shared with, visible to, or used to benefit other customers in identifiable form.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance.

OpsBrain is a web-based application that requires an internet connection. Some cached data may be viewable offline, but saving counts and other write operations require connectivity.

9. Intellectual Property

All aspects of the OpsBrain application — including but not limited to design, code, algorithms, AI models, branding, documentation, and user interface — are the intellectual property of Avissh AI LLC and are protected by applicable copyright, trademark, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business operations during the subscription term.

10. Third-Party Services

OpsBrain integrates with third-party services (Supabase, Anthropic, Stripe, Open-Meteo, Vercel) as described in our Privacy Policy. We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of the Service is also subject to the terms and policies of these providers.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
• We are not liable for any inventory losses, ordering errors, missed shortages, or other operational losses arising from your use of or inability to use the Service.
• Our total liability to you for any claims arising from or related to the Service shall not exceed the total amount you paid us in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, regardless of the theory of liability.

12. Indemnification

You agree to indemnify and hold harmless Avissh AI LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall be resolved as follows:

• Informal resolution: We will first attempt to resolve any dispute informally by contacting each other directly. You agree to contact us at hello@getopsbrain.com before initiating any formal proceedings.
• Governing law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
• Venue: Any legal proceedings shall be brought exclusively in the state or federal courts located in Napa County, California.
• Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, the entirety of this dispute resolution section (excluding this waiver) shall remain in effect.

14. Changes to These Terms

We may update these Terms from time to time. We will notify active subscribers by email of any material changes at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Termination

We may suspend or terminate your access to the Service immediately if:

• You breach these Terms
• Your payment method fails and is not updated within 14 days
• We are required to do so by law
• We reasonably believe your use poses a security risk to the Service or other users

Upon termination, your right to use the Service ceases immediately. The data retention provisions of Section 4 apply.

16. Miscellaneous

• If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any provision is not a waiver of that provision.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avissh AI LLC regarding the Service.
• You may not assign or transfer your rights under these Terms without our written consent.
• Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, internet or telecommunications failures, power outages, third-party service outages (including Supabase, Anthropic, Stripe, or Vercel), government actions, labor disputes, or cyberattacks. The affected party will use reasonable efforts to mitigate the impact of such events and resume performance as soon as practicable.
• The following sections survive termination of these Terms: Section 5 (Your Data — ownership provisions), Section 7 (AI Features and Accuracy), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), and Section 16 (Miscellaneous).

17. Beta Features

From time to time, we may offer beta or experimental features. Beta features are provided "as is" without any warranty or commitment to continued availability. We may modify or discontinue beta features at any time without notice. Your use of beta features is at your own risk, and our liability limitations apply with full force to beta features.

18. Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate that Feedback into the Service or any other product without any obligation to you. You are not required to provide Feedback, and providing Feedback does not create any confidentiality obligation on our part unless explicitly agreed in writing.

19. Electronic Communications Consent

By creating an account or using the Service, you consent to receive communications from us electronically, including:

• Emails regarding your account, billing, and subscription status
• Service announcements, maintenance notices, and security alerts
• Product updates and new feature notifications
• Responses to your support requests

You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You may opt out of non-essential communications (product updates, marketing) by emailing hello@getopsbrain.com. You cannot opt out of transactional communications related to your account, billing, or security.

20. Contact Us

Avissh AI LLC
Email: hello@getopsbrain.com
Napa Valley, California