Terms of Service

By accessing or using the OpesQ platform, you agree to be bound by these Terms of Service. If you are using the platform on behalf of a business, you confirm that you have authority to bind that business to these terms.

If you do not agree with any part of these terms, you must not use the platform.

OpesQ Ltd is a company registered in England and Wales. We provide a cloud-based platform for managing employee HR data, training records, compliance documents and employment passports. The platform is hosted on cloud infrastructure with data stored in a UK/EU region.

OpesQ offers two types of account:

• Business accounts: For organisations that subscribe to manage their workforce data, training records, compliance documents and HR operations through the platform. Business accounts require a paid subscription.
• Passport accounts: For individuals who want to create and manage their own employment passport. Passport accounts allow individuals to store qualifications, work history, training records and certifications, and to share them with employers on a consent basis. Passport accounts are free for individuals.

When you register for an account, you must provide accurate and complete information. You are responsible for:

• Keeping your login credentials secure and confidential
• All activity that occurs under your account
• Notifying us immediately if you suspect unauthorised access to your account
• Ensuring that any users you invite to your Business account are authorised to access the data held within it

We reserve the right to suspend or terminate accounts that provide false information or violate these terms.

Business accounts require a paid subscription. The following terms apply:

• All prices are quoted in British Pounds (GBP) and are inclusive of VAT for UK-based businesses.
• Subscriptions are billed monthly, starting from the date of initial sign-up.
• Payment is due at the start of each billing period. If payment fails, we will notify you and may suspend access after a reasonable grace period.
• We may change subscription prices with at least 30 days written notice. Price changes take effect at the start of the next billing period after the notice period.
• Refunds are not provided for partial billing periods, except where required by law.

Subject to these terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the OpesQ platform for your internal business purposes (Business accounts) or personal professional purposes (Passport accounts).

This licence does not include the right to:

• Sub-license, resell or redistribute the platform or any part of it
• Copy, modify, reverse-engineer or decompile the platform software
• Use the platform to build a competing product or service
• Access the platform through automated means (bots, scrapers or similar) without our written permission

Ownership of data on the platform is clearly defined:

• Business operational data: Businesses retain full ownership of their operational data, including organisational structures, compliance schedules, internal policies and business-specific configurations. We process this data on your behalf and do not claim any ownership over it.
• Passport data: Individuals retain full ownership of their Passport data. This includes qualifications, work history, training records and any other information they add to their Passport. Sharing is always consent-based and revocable.
• Employee personal data: Personal data uploaded by a business about its employees is subject to data protection law. The business is the data controller and we are the data processor. Individuals retain their rights over their own personal data regardless of who uploaded it.
• Platform intellectual property: OpesQ retains all ownership of the platform itself, including its design, code, algorithms, documentation, branding and any aggregated or anonymised data derived from platform usage.

You must not use the platform to:

• Upload or store illegal, harmful, threatening, abusive or defamatory content
• Violate any applicable law or regulation
• Infringe the intellectual property rights of any third party
• Transmit viruses, malware or other harmful code
• Attempt to gain unauthorised access to the platform, other accounts or our systems
• Interfere with the platform's operation or impose an unreasonable load on our infrastructure
• Upload personal data without a lawful basis for doing so
• Use the platform for any purpose other than its intended HR, training and compliance functions

We may suspend or terminate your account without notice if we reasonably believe you have breached these acceptable use terms.

We use reasonable endeavours to keep the platform available and operational. However, we do not guarantee uninterrupted access. The platform may be temporarily unavailable due to:

• Scheduled maintenance (we will give reasonable advance notice where possible)
• Urgent security patches or bug fixes
• Factors outside our control, including third-party hosting outages or internet disruptions

At this stage, we do not offer a formal Service Level Agreement (SLA). We are committed to reliable service and will communicate promptly about any significant disruptions.

To the maximum extent permitted by law:

• Our total liability to you for any claims arising from or related to the platform is limited to the total subscription fees you have paid to us in the 12 months immediately preceding the claim.
• We are not liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity or business interruption.
• We are not liable for any loss arising from your failure to maintain adequate backups of your data.
• We are not liable for any actions taken by third-party sub-processors, except to the extent caused by our failure to exercise reasonable care in selecting and overseeing them.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

You agree to indemnify and hold OpesQ harmless from any claims, damages, losses or expenses (including reasonable legal fees) arising from:

• Your breach of these terms
• Your misuse of the platform
• Any data you upload that infringes the rights of a third party
• Your failure to comply with applicable data protection law

Either party may terminate a Business subscription by giving 30 days written notice. Passport account holders may delete their account at any time through their account settings.

We may terminate or suspend your account immediately, without prior notice, if:

• You materially breach these terms and fail to remedy the breach within 14 days of being notified
• You breach the acceptable use terms
• Your payment is overdue by more than 30 days
• We are required to do so by law

When a Business account is terminated:

• You have a 30-day export window from the date of termination to download your data. We will provide data in a standard, machine-readable format.
• After the 30-day export window, all your data will be permanently deleted from our systems, except where retention is required by law (for example, billing records retained for tax purposes).
• Employee personal data processed on your behalf will be deleted as part of this process. If employees also hold individual Passport accounts, their Passport data remains unaffected.

When a Passport account is deleted, all associated Passport data is permanently removed within 30 days.

These terms are governed by and construed in accordance with the laws of England and Wales.

If a dispute arises in connection with these terms, both parties agree to attempt to resolve it through good faith negotiation in the first instance. Either party may initiate this by sending written notice of the dispute to the other party.

If the dispute is not resolved within 30 days of the initial notice, either party may submit it to the exclusive jurisdiction of the courts of England and Wales.

We may update these Terms of Service from time to time. When we make material changes, we will provide at least 30 days notice by email or through a notice on the platform.

Your continued use of the platform after the notice period constitutes acceptance of the updated terms. If you do not agree with the changes, you may terminate your account before the new terms take effect.

• Entire agreement: These terms, together with our Privacy Policy and any applicable data processing agreement, constitute the entire agreement between you and OpesQ regarding use of the platform.
• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Waiver: Our failure to enforce any provision of these terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition or sale of assets.

If you have any questions about these Terms of Service, contact us at:

• Email: hello@opesq.com
• Privacy enquiries: hello@opesq.com
• OpesQ Ltd, registered in England and Wales