Terms of Use

Legal entity: Operanest is a commercial brand operated by Hostecno, LLC, a United States company. Hostecno, LLC is the contracting and billing entity for Operanest services unless otherwise agreed in writing. Invoices and receipts may identify Hostecno, LLC as the merchant. Separate Hostecno services are not governed by these Operanest Terms.

Contents

1. Operanest Services

Operanest may provide technology and services including customer relationship management, contact management, lead management, sales pipelines, marketing automation, workflow automation, email, messaging, appointment scheduling, forms, analytics, reporting, integrations, conversational tools, artificial intelligence functionality, voice automation, customer communication technology, and related software or professional services.

Features may vary by subscription, service package, geography, provider availability, integration, implementation scope, or product version.

2. Business Use and Eligibility

Operanest is primarily intended for lawful professional and business use. You are responsible for determining whether Operanest is appropriate for your business, industry, use case, jurisdiction, and regulatory requirements.

You must be legally capable of entering into a binding agreement to use paid Operanest services. If you act on behalf of an organization, you represent that you have authority to act for that organization.

3. Accounts and Security

You agree to provide accurate and reasonably current account information and are responsible for activity conducted through your account.

You are responsible for protecting usernames, passwords, API keys, authentication credentials, employee access, administrator access, and connected systems. You must promptly notify Operanest if you reasonably believe an account has been compromised.

4. Customer Data

As between Operanest and the customer, customers retain their rights in data they lawfully submit to or process through Operanest. Customers authorize Operanest to process Customer Data as reasonably necessary to provide, maintain, secure, support, and improve the Services, comply with customer instructions, perform contractual obligations, and comply with law.

Customers represent that they have the rights, permissions, notices, consents, and other lawful bases required to provide Customer Data to Operanest and use it through the Services.

5. Privacy

Personal information processed by Operanest is subject to the Operanest Privacy Policy, which explains how Operanest collects, uses, discloses, retains, and protects personal information.

6. Marketing, Messaging and Communications Compliance

Operanest may provide tools that facilitate email, SMS, telephone calls, WhatsApp, messaging, marketing campaigns, lead follow-up, and automated communications.

Customers are solely responsible for ensuring their communications comply with laws, regulations, carrier requirements, platform rules, and industry standards applicable to their activities and recipients, including legally required consent, authorization, notice, opt-in, opt-out, do-not-call, and unsubscribe requirements.

Operanest must not be used to circumvent unsubscribe requests, consent withdrawals, privacy choices, suppression lists, or other legally recognized communication preferences.

7. Artificial Intelligence and Automated Features

Operanest services may include artificial intelligence, machine learning, automated workflows, generative AI, classification, summarization, conversational agents, and similar automated functionality.

AI-generated or automated output may be inaccurate, incomplete, inappropriate, outdated, misleading, or inconsistent. Customers are responsible for reviewing AI-generated output when human review is appropriate and for configuring automated systems responsibly.

AI functionality should not be treated as a substitute for qualified professional advice in legal, medical, accounting, financial, compliance, or other regulated areas.

Operanest does not guarantee that AI output will be error-free or suitable for every use case.

8. Voice and Telephone Automation

Where Operanest provides voice automation, telephone automation, recording, transcription, synthetic voice, or similar technology, customers are responsible for compliance with laws governing telemarketing, automated dialing, prerecorded or synthetic voices, call recording, consent, disclosure, call timing, do-not-call requirements, telecommunications, and privacy.

Customers must obtain all legally required permissions and provide all legally required notices before using these features.

9. Third-Party Platforms, Integrations and Services

Operanest may depend on or integrate with independent services including cloud infrastructure, communications providers, payment processors, social networks, advertising platforms, AI providers, analytics tools, calendar services, messaging providers, CRM integrations, and APIs.

Use of third-party platforms remains subject to their own terms, privacy policies, advertising requirements, developer terms, and technical limitations. Third-party services may change, become unavailable, impose restrictions, or modify their terms without Operanest's control.

10. Prohibited Uses

You may not use Operanest to:

• violate applicable law, regulation, court order, or legally binding requirement;
• violate privacy, publicity, intellectual property, contractual, or other rights;
• send unlawful spam or conduct unlawful telemarketing;
• engage in fraud, phishing, impersonation, deception, or illegal activity;
• harass, threaten, exploit, or unlawfully discriminate against others;
• distribute malware or malicious code;
• gain or attempt unauthorized access to systems, data, accounts, or credentials;
• circumvent security controls, platform restrictions, usage limits, or consent mechanisms;
• scrape, collect, buy, sell, or use personal information unlawfully;
• create or distribute deceptive or unlawful communications;
• interfere with, overload, degrade, probe, or damage Operanest infrastructure;
• reverse engineer protected elements except where applicable law expressly permits it;
• use the Services in a manner that creates unreasonable legal, security, operational, or reputational risk for Operanest or third parties.

11. Lead Data and Advertising Platform Data

Customers must obtain and process lead data lawfully. Data obtained through LinkedIn Lead Gen Forms, Meta lead forms, other advertising platforms, websites, events, or third-party sources must be handled in accordance with applicable law, the relevant platform's terms, the applicable privacy notice, and the choices or consent provided by the individual.

Operanest does not authorize the unlawful sale, rental, trade, licensing, enrichment, or misuse of personal information. In particular, LinkedIn Lead Gen Form data may not be sold or otherwise handled in violation of LinkedIn requirements or applicable law.

12. Intellectual Property and Customer Content

Operanest and its licensors retain all rights in the Operanest platform and related software, code, interfaces, designs, documentation, trademarks, logos, branding, and proprietary technology. Except for rights expressly granted, no intellectual property rights are transferred.

Customers retain rights they lawfully hold in their own content and grant Operanest the limited rights reasonably necessary to host, reproduce, transmit, process, modify, or display that content solely to provide the Services.

Customers represent that content submitted to Operanest does not violate applicable law, third-party rights, intellectual property rights, or privacy rights.

13. Availability and Changes to Services

Operanest aims to provide reliable Services but does not guarantee uninterrupted, error-free, or continuously available operation unless expressly stated in a separate written agreement.

Interruptions may occur because of maintenance, upgrades, internet failures, third-party outages, provider limitations, security incidents, force majeure events, technical errors, or circumstances beyond our reasonable control.

Operanest may modify, improve, replace, add, or discontinue features. Material changes affecting active paid services will be addressed in accordance with applicable contractual and legal obligations.

14. Subscriptions, Billing, Renewals and Payments

Where Operanest Services are offered through paid subscriptions, applicable pricing, billing frequency, plan limits, included features, renewal terms, and payment information will be communicated at purchase or through an order, proposal, checkout page, subscription page, statement of work, or separate agreement.

Customers are responsible for charges associated with their selected subscription and applicable taxes unless otherwise stated. Specific refund, cancellation, renewal, payment, or credit terms presented at checkout or contained in a signed agreement govern the applicable transaction.

15. Suspension and Termination

Operanest may suspend, limit, or terminate access where reasonably necessary because of nonpayment, material breach, unlawful activity, fraud, abuse, security threats, misuse, excessive infrastructure risk, violation of these Terms, or requirements imposed by law or third-party providers.

Where reasonably appropriate, Operanest may provide an opportunity to correct a violation. Customers may discontinue use subject to the terms governing their subscription, order, proposal, or separate service agreement. Termination does not eliminate obligations accrued before termination.

16. Disclaimer of Warranties and Results

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERANEST SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT.

Operanest does not warrant that every feature will always be available, that the Services will be completely uninterrupted or error-free, that all third-party integrations will remain available, that AI output will always be accurate, or that use of the Services will produce a particular commercial result.

Marketing, sales, advertising, automation, CRM, and AI outcomes depend on factors outside Operanest's control. Operanest does not guarantee leads, sales, conversion rates, revenue, advertising performance, customer acquisition cost, return on advertising spend, or business growth. Past performance does not guarantee future results.

Some jurisdictions do not permit certain warranty exclusions, so particular exclusions may apply only to the extent legally permitted.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERANEST WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO USE OF THE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

Any more specific liability limitation contained in a signed customer agreement will govern that customer relationship. Nothing in these Terms excludes liability that cannot legally be excluded.

18. Indemnification

To the extent permitted by law, customers agree to be responsible for claims, liabilities, damages, losses, and reasonable expenses arising from their unlawful or unauthorized use of the Services, marketing communications, telephone campaigns, messaging campaigns, Customer Data, Customer Content, violation of third-party rights, or violation of applicable law.

Any more specific indemnification provision contained in a separately signed agreement will control for that agreement.

19. Compliance, Confidentiality and Security

Each party is responsible for complying with laws applicable to its own activities. Operanest customers are particularly responsible for laws relating to personal information, marketing, advertising, telecommunications, consumer communications, automated systems, artificial intelligence, and industry-specific regulated activities.

Where Operanest and a customer exchange confidential business information, each party should use reasonable safeguards and use the information only for legitimate purposes associated with the relationship, subject to applicable agreements and law.

Customers must use reasonable security practices and must not attempt to bypass access controls, obtain unauthorized credentials, scan for vulnerabilities without authorization, compromise accounts, or attack infrastructure.

20. General Terms

Separate Agreements

If a customer has entered into a signed agreement, order form, statement of work, data processing agreement, or other negotiated contract with Operanest, that document may contain additional or different terms. Where there is a direct conflict, the specifically negotiated written agreement governs the subject of that conflict.

Governing Law

These Terms do not designate a governing jurisdiction beyond what is established in an applicable signed agreement or otherwise required by applicable law.

Severability

If any provision is determined to be invalid or unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.

No Waiver

Failure to enforce a provision does not constitute a permanent waiver of that provision.

Assignment

Assignment rights and restrictions may be governed by an applicable customer agreement. Operanest may reorganize or assign agreements as part of a legitimate restructuring, merger, acquisition, financing, or sale where permitted by law.

Force Majeure

Operanest will not be responsible for failures or delays caused by events outside its reasonable control, including natural disasters, internet or telecommunications failures, government actions, war, civil disturbance, major infrastructure outages, labor disruptions, or third-party platform failures, subject to applicable law.

Changes to These Terms

Operanest may update these Terms periodically. The "Last Updated" date identifies the latest revision. Material changes affecting active customers will be communicated where required by applicable law or contract.

21. Contact

Questions concerning these Terms may be submitted through Operanest's published contact information: