By using our platform, you agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using OSPR.
1. Overview
1.1. OSPR is the brand and platform operated by OSPRION. Throughout these Terms, “OSPR”, “we”, “us” and “our” refer to the operator of the platform and related services. These Terms apply to our operational evidence products, Provider Platform and associated implementation and support services.
1.2. By downloading our app, purchasing a service, subscription or hardware, or using our platform in any way, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the application and its components in the cloud and in remote locations, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3. Any new features or tools added to the current application shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our website or within the application or its components. Your continued use of the platform following the posting of any changes constitutes acceptance of those changes.
2. Account Creation and Usage
2.1. You must be at least the age of majority in your state or province of residence (18 years old in most cases) to use OSPR and create an account.
2.2. You are responsible for maintaining the confidentiality of your account credentials (username and password) and ensuring their proper use. Any activity on your account is your responsibility.
2.3. You agree not to use OSPR for any illegal or unauthorized purposes and to comply with all applicable laws and regulations.
2.4. Hardware purchased from OSPR belongs to the customer under the applicable purchase agreement. Cancelling a software subscription does not, by itself, require the return of customer-owned hardware. Ownership, return and other end-of-service arrangements for leased hardware or hardware supplied under a managed arrangement are governed by the applicable written agreement.
3. Service Usage
3.1. OSPR provides software and related services for capturing and reviewing operational evidence, and for provider websites, customer relationships, visual planning, proposals and ongoing service workflows. Deployment coverage, features, integrations, hosting and support are scoped for each engagement.
3.2. Your use of OSPR may be subject to limitations, such as storage space, number of users, or other implemented or unexpected usage constraints. We make no guarantees as to the performance of our data collection products or the accuracy of data collected. Use is at your own risk.
3.3. We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right to modify, suspend, or discontinue any part of OSPR without prior notice.
3.4. You agree not to interfere with the proper functioning of OSPR or attempt to gain unauthorized access to any part of our platform.
4. Data and Privacy
4.1. We respect your privacy and handle your personal data in accordance with our Privacy Policy.
4.2. You authorize OSPR to process the information required to deliver, administer, secure, support and improve the agreed services, subject to the Privacy Policy and applicable customer agreement.
4.3. Under our standard terms, OSPR may use anonymized data and anonymized reproductions of customer and operational records, including facility imagery, for research, analytics, model training, product development, sales and promotional purposes. The definition and limits of anonymized reuse are described in Sections 2.3–2.4 of the Privacy Policy. Different restrictions in an applicable written customer agreement take precedence.
4.4. Identifiable customer material is not covered by the anonymized-reuse permission. Publication of identifiable customer names, logos, facility imagery or operational records for marketing, or use outside the agreed service, requires customer authorization and any other permissions required for that use.
5. Intellectual Property
5.1. OSPR software and materials supplied by OSPR, including its branding and application components, belong to OSPR or its licensors. Customers retain their rights in the business content and records they provide, subject to any third-party rights. Ownership and licensing of custom deliverables are defined in the applicable written agreement.
5.2. You may not copy, modify, distribute, or reproduce any part of OSPR without our explicit written consent. Any unauthorized reproduction, duplication, redistribution, copying, resale, or modification of OSPR product or application source code is punishable by law.
6. Payment and Subscription
6.1. Fees for implementation, hardware, hosting, subscriptions, support and additional work are set out in the applicable order or service agreement. You agree to pay the fees for the services and equipment you purchase.
6.2. Subscription fees are non-refundable unless otherwise stated in our Refund Policy.
6.3. We reserve the right to modify our subscription fees, but any changes will be communicated to you in advance.
6.4. We reserve the right to refuse any order you place with us and may limit or cancel quantities purchased per person, or per order, at our sole discretion.
7. Third-Party Tools and Links
7.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind.
7.2. Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this application may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
8. User Content and Feedback
8.1. If, at our request, you send certain specific submissions (for example, content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
8.2. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, obscene material, or contain any computer virus or other malware.
9. Disclaimer of Warranties
9.1. OSPR is provided “as is” without any warranties or guarantees, whether express or implied.
9.2. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
9.3. We do not warrant that the results obtained from using the service will be accurate or reliable.
10. Limitation of Liability
10.1. In no event shall OSPR, its affiliates, directors, officers, employees, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our platform.
11. Indemnification
11.1. You agree to indemnify, defend, and hold harmless OSPR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
12. Severability
12.1. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Termination
13.1. You may terminate your account at any time by following the account closure process. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
13.2. OSPR reserves the right to terminate or suspend your account for any violation of these Terms and Conditions without prior notice.
14. Entire Agreement
14.1. These Terms, the Privacy Policy and any applicable written order or service agreement govern your use of OSPR. Where a written order or service agreement sets different provisions for agreed scope, fees, hardware ownership, customer data and content rights, support, cancellation or transition arrangements, that written agreement takes precedence for those provisions.
15. Governing Law
15.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Pennsylvania, United States.
16. Changes to Terms of Service
16.1. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website or application. It is your responsibility to check our website or application periodically for changes. Your continued use of or access to our application, website, or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17. Contact Information
17.1. Questions about the Terms of Service should be sent to us at INFO@OSPRION.COM.
By using OSPR, you acknowledge that you have read and understood these Terms and Conditions, and you agree to be bound by them. If you have any questions or concerns, please contact us at termsinquiry@osprion.com.