OpMistro (“OpMistro,” “we,” “our,” “us”) is a product of Performance Agency Software Solutions, Inc., a Delaware C-Corporation (“Company”).
These Terms of Service (“Terms”) govern your access to and use of OpMistro’s websites, applications, content, and related functionality (collectively, the “Platform”).
By creating an account, subscribing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Eligibility & Acceptance
1.1 You must be at least 18 years old and able to enter into a legally binding contract to use the Platform.
1.2 By using the Platform, you affirm that you have read, understood, and agree to these Terms.
1.3 If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Account Registration
2.1 You must create an account and provide accurate information to access the Platform.
2.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
2.3 You may not share, sell, sublicense, or otherwise transfer your account to any third party.
3. Use of the Platform
3.1 We grant you a non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business or personal use.
3.2 You may not: Reverse engineer, decompile, or attempt to access the Platform’s underlying source code, Circumvent authentication, rate limits, or access controls, Copy, distribute, scrape, or extract Platform content, Use the Platform to violate any laws or regulations, Use the Platform to build or train a competing product or service
3.3 Unauthorized Use; Enforcement
If you violate these Terms or misuse the Platform, the Company may pursue all legal remedies available.
If a judgment is entered in the Company’s favor, you agree to reimburse the Company for all legal fees, costs, and expenses incurred in enforcing these Terms.
4. Subscription, Billing & Payment
4.1 OpMistro offers weekly and annual subscription plans.
4.2 Fees are displayed at checkout. By subscribing, you authorize us (via Stripe or another payment processor) to charge your selected payment method on a recurring basis.
4.3 Subscriptions renew automatically until cancelled.
4.4 Cancellations take effect at the end of the current billing period.
4.5 Refund Policy
All sales are final.
Refunds may be issued solely at the Company’s discretion.
There is no guarantee of refunds for any reason.
4.6 We may adjust pricing and will notify active subscribers in advance when required.
5. Content & Intellectual Property
5.1 All content within the Platform — including videos, instructional modules, text, graphics, audio, designs, branding, trademarks, and software — is owned by Performance Agency Software Solutions, Inc. or its licensors.
5.2 You may not reproduce, distribute, publicly display, resell, or create derivative works from Platform content.
5.3 You may not copy, save, export, or download any content unless explicitly permitted in writing.
5A. Prohibited Data Collection, Automation, and Model Training
5A.1 No Scraping or Automated Access
You may not access, extract, copy, harvest, or collect any content or data from the Platform through automated means, including bots, scrapers, spiders, crawlers, headless browsers, automated agents, or any similar tools.
5A.2 No Use of Platform Content to Train AI Models
You may not use any content from the Platform — whether accessed lawfully or unlawfully — to train, fine-tune, improve, validate, or benchmark any artificial intelligence or machine learning model, including commercial, academic, internal, personal, or experimental systems.
5A.3 No Competitive Analysis or Aggregation
You may not collect or analyze Platform content for: Building or training a competing platform, Benchmarking or competitive research, Commercial redistribution, Data aggregation
5A.4 Monitoring and Enforcement
The Company uses automated and manual systems to detect scraping, unauthorized automation, and prohibited uses.
Violations may result in: Immediate account termination, IP blocking, Legal action (including CFAA claims), Recovery of damages and legal fees
5A.5 Legal Fees in Enforcement
If a judgment is entered in our favor, you agree to pay the Company’s reasonable legal fees, expert fees, and enforcement costs.
6. Privacy
Your use of the Platform is governed by our Privacy Policy, available at: https://www.opmistro.com/privacy-policy
We collect and process personal data as described in that policy, including data from authentication and payment providers.
7. Platform Availability & Support
7.1 We strive for high uptime, but the Platform may become unavailable for maintenance, updates, or third-party outages.
7.2 Support is provided through the channels listed on our website; response times are not guaranteed.
7.3 We may modify, suspend, or discontinue any part of the Platform at any time.
8. Disclaimers & Limitation of Liability
8.1 The Platform is provided “as is” and “as available.” We disclaim all warranties, express or implied.
8.2 Educational Purposes Only; No Guarantee of Results
The Platform provides educational content designed to help users understand business growth tactics.
We do not and cannot guarantee revenue, performance improvements, business success, or any specific outcomes.
Results depend on factors entirely outside our control, including execution quality, competitive dynamics, customer behavior, and market conditions.
8.3 Limitation of Liability
Under no circumstances shall OPMISTRO or Performance Agency Software Solutions, Inc., or their officers, employees, agents, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or business interruption.
8.4 Maximum Liability
To the fullest extent permitted by law, the Company’s maximum cumulative liability arising from the Platform shall not exceed the amount you paid in the six (6) months preceding the event giving rise to the claim.
9. Termination
9.1 We may suspend or terminate your access to the Platform at any time for violations of these Terms or misuse.
9.2 You may terminate your account at any time.
9.3 Upon termination: Your license to use the Platform ends, Your data may be deleted or anonymized, Refunds follow Section 4.5
10. Indemnification
You agree to indemnify and hold harmless Performance Agency Software Solutions, Inc., OpMistro, and their officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Platform or violation of these Terms.
11. Governing Law; Binding Arbitration
11.1 Governing Law
These Terms are governed by the laws of Delaware, without regard to conflict-of-law principles.
11.2 Agreement to Arbitrate
Except as expressly provided, any dispute arising out of or relating to the Platform or these Terms shall be resolved exclusively through binding individual arbitration, not litigation.
11.3 Arbitration Rules
Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Hearings will be conducted remotely unless both parties agree otherwise.
11.4 Class-Action Waiver
Claims must be brought only on an individual basis and not as part of a class, consolidated, or representative action.
11.5 Small Claims Exception
Either party may bring an eligible individual claim in small claims court.
11.6 Injunctive Relief Exception
The Company may seek injunctive relief in court to prevent unauthorized access, scraping, infringement, or misuse of the Platform.
11.7 Arbitration Fees & Legal Costs
Parties share arbitration fees except where prohibited by law.
If a judgment is entered in the Company’s favor, you agree to reimburse our reasonable legal fees and costs.
11.8 Opt-Out
You may opt out of arbitration within 30 days of creating an account by emailing matt@opmistro.com with the subject “Arbitration Opt-Out,” including your full name and account email.
11.9 Venue for Non-Arbitrable Matters
For disputes not subject to arbitration, you consent to jurisdiction in the state and federal courts located in Delaware.
12. Changes to These Terms
We may update these Terms periodically. The “Last Updated” date reflects the latest revision.
Continued use of the Platform constitutes acceptance of updated Terms.
13. Notices & Contact
For questions, notices, or communications related to these Terms, contact: Email: matt@opmistro.com
Email communication satisfies all legal notice requirements.
14. MiscellaneousEntire Agreement:
These Terms and our Privacy Policy form the complete agreement between you and the Company.
Severability: If any provision is unenforceable, remaining provisions stay in effect.
Assignment: You may not assign your rights or obligations under these Terms without our written consent.
Waiver: Failure to enforce a provision is not a waiver of future enforcement.
15. EU/UK Consumer and Data Protection Rights
15.1 GDPR / UK GDPR Rights
EU and UK users have the rights of access, rectification, erasure, restriction, portability, and objection as described in our Privacy Policy.
15.2 Data Controller
Performance Agency Software Solutions, Inc.
Contact Email: matt@opmistro.com
15.3 Cross-Border Data Transfers
Data may be transferred to the United States under permitted mechanisms including Standard Contractual Clauses (SCCs).
15.4 Digital Content Withdrawal Waiver (EU/UK Law)
By subscribing, you acknowledge and agree that:
You receive immediate access to digital content; You waive the 14-day withdrawal right under Article 16(m) of the EU Consumer Rights Directive; Refunds remain discretionary under Section 4.5.
15.5 Statutory Rights
Nothing in these Terms affects any non-waivable statutory rights under EU or UK law.