Operimate – Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the Operimate software platform, including the desktop application and mobile applications for Android and iOS (collectively, the "Services"). By accessing or using Operimate, you agree to be bound by these Terms.

1. Definitions

For the purposes of these Terms, the following definitions apply:

• "Operimate" refers to the proprietary enterprise resource planning (ERP) software platform operated by Operimate, including its desktop software and mobile applications.
• "Company," "we," "us," or "our" refers to Operimate, a business registered in the State of Texas, United States.
• "Boss" refers to the casino or gameroom owner, or the authorized legal entity, that registers for and subscribes to Operimate.
• "Casino" refers to the business entity operated by the Boss that uses Operimate to manage its internal operations.
• "Player" refers to an end customer of a Casino who may interact with systems managed through Operimate but does not hold an Operimate account.
• "Subscription" refers to the paid access plan purchased by a Boss for continued use of the Services after the free trial period.
• "Content" refers to all data, records, images, logs, reports, and information entered into or generated through the Services by a Casino.
• "Surveillance Data" refers to images or visual records uploaded or stored within Operimate for display or reference purposes only.

2. Acceptance of Terms

By accessing, installing, registering for, or using Operimate, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are registering for or using Operimate on behalf of a Casino or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, the terms "you" or "your" refer to the Boss and the Casino collectively.

If you do not agree to these Terms, you may not access or use the Services.

3. Eligibility and Account Registration

3.1 Eligibility

• Operimate is intended solely for use by Casino or Gameroom owners seeking an ERP system to manage internal operations and transaction records.
• Only individuals 18 years of age or older may use or access Operimate.
• Players are not permitted to register accounts directly with Operimate.

3.2 Account Registration

• Only a Boss or authorized Casino entity may create an Operimate account.
• Each account must represent a single Casino entity.
• The Boss is responsible for all activity conducted under the account, including actions performed by managers, operators, or employees granted access.

3.3 Account Security

You are responsible for maintaining the confidentiality of login credentials and for restricting access to your account. Operimate is not responsible for unauthorized access resulting from your failure to safeguard credentials.

4. Scope of Services

4.1 Nature of Services

• Operimate provides a software-based ERP system designed to help Casinos manage operational data, records, reports, and internal tracking functions.
• Operimate requires an active internet connection.
• No offline functionality is supported.

4.2 No Payment Processing

Operimate:

• Does not process payments
• Does not handle monetary transactions
• Does not act as a financial institution, payment gateway, or escrow service

All financial entries recorded in Operimate function solely as bookkeeping or accounting records entered by the Casino.

4.3 Surveillance Data

Surveillance images or visual records stored in Operimate are:

• Displayed for reference purposes only
• Not monitored, reviewed, verified, or validated by Operimate
• Fully controlled and managed by the Casino

4.4 Responsibility for Data Accuracy

Operimate does not verify, audit, or validate the accuracy, legality, or completeness of any data entered into the system.

The Casino and Boss are solely responsible for:

• Accuracy of records
• Compliance with applicable laws and regulations
• Proper use of surveillance data
• Actions taken based on data recorded in Operimate

Operimate bears no responsibility for incorrect, incomplete, or misleading data entered by users.

5. Subscriptions, Free Trial & Billing

5.1 Free Trial

Operimate may offer a free trial period of fourteen (14) days to eligible Casino entities. The free trial is provided solely for evaluation purposes and may be modified or discontinued at any time at Operimate's discretion.

No payment method may be required to access the free trial unless explicitly stated at the time of registration.

At the conclusion of the free trial period, continued access to the Services requires the purchase of an active Subscription.

5.2 Subscription Plans

• Operimate is offered on a subscription-based model following the free trial period.
• Subscriptions are available only to the Boss or Casino entity
• Employees, operators, managers, and players are not billed individually
• Subscription pricing, features, and billing cycles are communicated at the time of purchase or renewal
• Operimate reserves the right to modify subscription plans, pricing, or included features with reasonable notice.

5.3 Billing and Payment Responsibility

The Boss or registered Casino entity is solely responsible for:

• All subscription fees
• Any applicable taxes, duties, or charges imposed by authorities
• Maintaining valid billing information

Operimate does not process player payments, wagers, or financial transactions of any kind. Subscription payments relate only to access to the software Services.

5.4 Refund Policy

Operimate offers pro-rated refunds for active Subscriptions under the following conditions:

• Refunds apply only to unused subscription time
• No refunds are provided for partially used billing periods beyond the pro-rated calculation
• Free trial periods are not eligible for refunds
• Refund requests must be submitted through official Operimate support channels

Operimate reserves the right to deny refund requests that violate these Terms or involve misuse of the Services.

5.5 Chargebacks and Payment Disputes

In the event of a payment dispute or chargeback:

• Operimate may temporarily restrict access to the Services until the issue is resolved
• The Casino remains responsible for any fees incurred as a result of chargebacks
• Repeated or fraudulent chargebacks may result in account termination

5.6 Data Retention Related to Billing

Upon termination or cancellation of a Subscription:

• All operational data, content, and surveillance data are deleted immediately
• Subscription and billing-related records only may be retained for up to ninety (90) days solely for:
  • Chargeback resolution
  • Legal compliance
  • Financial reconciliation
• After this period, all retained subscription payment data is permanently deleted in accordance with Operimate's internal policies.

6. Data, Records & Surveillance Content

6.1 Ownership of Data

All Content entered into, generated through, or stored within Operimate—including operational records, reports, logs, and Surveillance Data—remains the sole property of the Casino.

Operimate does not claim ownership over any Content provided by or on behalf of a Casino.

6.2 Role of Operimate

Operimate acts solely as a software service provider that stores, displays, and organizes data as instructed by the Casino.

Operimate:

• Does not create, modify, verify, or validate Content
• Does not monitor or review Surveillance Data
• Does not interpret or analyze data for legal, financial, or regulatory purposes

All data displayed in Operimate is presented as-is, based entirely on information supplied by the Casino.

6.3 Surveillance Data Disclaimer

Surveillance Data uploaded or stored in Operimate is:

• Displayed for internal reference purposes only
• Managed and controlled exclusively by the Casino
• Not actively monitored, reviewed, or audited by Operimate

Operimate bears no responsibility for:

• The legality of Surveillance Data collection
• Compliance with privacy, consent, or notice requirements
• Misuse, unauthorized access, or improper disclosure of Surveillance Data by Casino personnel

The Casino is solely responsible for ensuring that all Surveillance Data complies with applicable laws and regulations.

6.4 Accuracy and Compliance Responsibility

The Casino and Boss are exclusively responsible for:

• Accuracy and completeness of all Content
• Compliance with federal, state, and local laws
• Regulatory obligations related to gaming, recordkeeping, surveillance, and privacy
• Decisions or actions taken based on data recorded in Operimate

Operimate does not provide legal, accounting, or regulatory compliance advice.

6.5 Data Security and Access Control

The Casino is responsible for:

• Granting and revoking access to employees, managers, and operators
• Ensuring appropriate use of credentials
• Preventing unauthorized access to Content

Operimate is not responsible for data loss, exposure, or misuse resulting from:

• Improper access controls set by the Casino
• Credential sharing
• Negligence or misconduct by Casino personnel

6.6 Data Deletion Upon Termination

Upon termination or cancellation of a Subscription:

• All operational data, Content, and Surveillance Data are deleted immediately
• Operimate retains only subscription and billing-related data for up to ninety (90) days, strictly for chargeback resolution, legal, and compliance purposes
• Following the retention period, all remaining billing data is permanently deleted.

7. User Responsibilities

7.1 Boss Responsibilities

The Boss is solely responsible for all use of Operimate under the Casino account, including actions performed by managers, operators, employees, and any authorized users.

The Boss agrees to:

• Ensure all information entered into Operimate is accurate and lawful
• Maintain compliance with all applicable federal, state, and local laws
• Supervise and control access granted to employees and operators
• Use Operimate only for legitimate internal business operations

7.2 Employee and Operator Access

Any access provided to managers, operators, or employees is granted at the discretion and responsibility of the Casino.

The Casino is responsible for:

• Assigning appropriate access levels
• Monitoring employee usage
• Revoking access immediately upon termination or role change

Operimate is not responsible for actions taken by Casino personnel, whether authorized or unauthorized.

7.3 Player-Related Responsibilities

Players do not maintain Operimate accounts and interact with the system only through Casino- controlled processes.

The Casino is solely responsible for:

• Player data accuracy
• Player communications
• Player disputes
• Compliance with age restrictions and eligibility requirements

Operimate has no relationship, contractual or otherwise, with Players.

7.4 Compliance with Laws and Regulations

The Casino and Boss are exclusively responsible for complying with all laws and regulations applicable to their operations, including but not limited to:

• Gaming and gambling regulations
• Recordkeeping requirements
• Privacy and surveillance laws
• Employment and labor laws
• Tax and reporting obligations

Operimate does not monitor compliance and is not responsible for regulatory violations by the Casino.

7.5 Acceptable Use

Users agree not to:

• Use Operimate for illegal or fraudulent purposes
• Enter false, misleading, or manipulated data
• Attempt to bypass system controls or access restrictions
• Share credentials with unauthorized individuals
• Interfere with the performance or security of the Services

7.6 Responsibility for Decisions

All business decisions made based on information recorded or displayed in Operimate are taken at the Casino's own risk.

Operimate is not responsible for outcomes resulting from reliance on data entered by users, including financial loss, disputes, or regulatory consequences.

8. Prohibited Uses

You agree not to use, attempt to use, or allow others to use Operimate in any manner that violates these Terms or any applicable law.

8.1 Illegal or Unauthorized Activities

Operimate may not be used to:

• Engage in illegal, fraudulent, or deceptive activities
• Facilitate unlawful gambling or wagering
• Evade regulatory oversight or reporting obligations
• Violate any federal, state, or local laws or regulations

8.2 Data Manipulation and Misuse

Users may not:

• Enter false, misleading, or fabricated records
• Alter, delete, or manipulate data for fraudulent purposes
• Misrepresent transactions, reports, or surveillance records
• Use Operimate to conceal misconduct or unlawful activity

8.3 System Abuse and Security Violations

Users may not:

• Attempt to gain unauthorized access to the Services or related systems
• Bypass security features or access controls
• Share credentials with unauthorized individuals
• Introduce malware, viruses, or harmful code
• Interfere with or disrupt system performance

8.4 Reverse Engineering and Intellectual Property Abuse

Users may not:

• Copy, modify, or create derivative works of Operimate
• Reverse engineer, decompile, or attempt to extract source code
• Remove or obscure proprietary notices or branding
• Use Operimate's software, design, or content for competitive purposes

8.5 Third-Party Rights Violations

Users may not use Operimate to:

• Infringe upon intellectual property rights of others
• Violate privacy, publicity, or data protection rights
• Upload or store content without lawful authority or consent

8.6 Consequences of Prohibited Use

If Operimate determines that a user has engaged in prohibited use:

• Access to the Services may be restricted or suspended in accordance with these Terms
• The Casino may be required to take corrective action
• Operimate reserves the right to pursue legal remedies where applicable

9. Intellectual Property Rights

9.1 Ownership of Operimate

Operimate and all related intellectual property rights are and shall remain the exclusive property of Operimate. This includes, without limitation:

• Software, source code, object code, and system architecture
• User interface designs, workflows, and features
• Logos, trademarks, branding, and visual assets
• Documentation, manuals, and instructional materials

Nothing in these Terms grants any right, title, or interest in Operimate's intellectual property to the Casino, except for the limited right to use the Services as expressly permitted under these Terms.

9.2 License to Use

Subject to compliance with these Terms and an active Subscription, Operimate grants the Casino a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for internal business operations.

The Casino may not:

• Sell, sublicense, lease, or transfer access to Operimate
• Use Operimate to develop or support competing products
• Permit unauthorized third-party access

9.3 Ownership of Casino Content

All Content entered into or generated through Operimate, including operational data and Surveillance Data, remains the property of the Casino.

The Casino grants Operimate a limited right to host, store, display, and process such Content solely for the purpose of providing the Services.

9.4 Feedback

If the Casino provides feedback, suggestions, or ideas regarding Operimate:

• Such feedback is provided voluntarily
• Operimate may use, modify, or incorporate the feedback without obligation or compensation
• No ownership or intellectual property rights are transferred to the Casino

9.5 Reservation of Rights

All rights not expressly granted to the Casino under these Terms are reserved by Operimate.

10. Disclaimers

10.1 "As-Is" and "As-Available" Basis

Operimate is provided on an "as-is" and "as-available" basis.

To the fullest extent permitted by law, Operimate disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of data

10.2 No Guarantee of Accuracy or Outcomes

Operimate does not guarantee that:

• Data entered into the Services is accurate or complete
• Reports, calculations, or outputs are error-free
• Use of Operimate will achieve specific business, financial, or operational outcomes

All data displayed by Operimate is dependent on information supplied by the Casino and is used at the Casino's own risk.

10.3 No Guarantee of Compliance

Operimate does not represent or warrant that use of the Services will ensure compliance with:

• Gaming or gambling laws
• Financial or accounting regulations
• Privacy or surveillance laws
• Employment, tax, or reporting requirements

Compliance with all applicable laws and regulations remains the sole responsibility of the Casino.

10.4 Service Availability

Operimate does not guarantee uninterrupted or error-free operation.

The Services may be temporarily unavailable due to:

• Maintenance or updates
• System failures
• Internet connectivity issues
• Events beyond Operimate's reasonable control

10.5 Third-Party Services

Operimate may integrate with or rely on third-party services or platforms.

Operimate:

• Does not control third-party services
• Is not responsible for third-party outages, errors, or failures
• Provides access to third-party services without warranties

10.6 No Legal or Professional Advice

Operimate does not provide legal, accounting, financial, or regulatory advice.

Any decisions made based on information provided through Operimate should be reviewed by qualified professionals.

11. Limitation of Liability

11.1 Limitation of Liability

To the fullest extent permitted by applicable law, Operimate, its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of business or goodwill
• Loss of data or records
• Regulatory fines or penalties
• Legal disputes between Casinos and Players
• Employee misconduct or misuse of the Services

This applies regardless of the legal theory under which liability is asserted, including contract, tort, negligence, strict liability, or otherwise.

11.2 Maximum Liability Cap

In no event shall Operimate's total cumulative liability arising out of or related to these Terms or the use of the Services exceed the total amount of subscription fees paid by the Casino to Operimate in the three (3) months immediately preceding the event giving rise to the claim.

If no subscription fees were paid during that period, Operimate shall have no liability.

11.3 No Liability for Casino Operations

Operimate shall not be liable for any damages, losses, or claims arising from:

• Casino business operations
• Gaming or wagering activities
• Player disputes or claims
• Regulatory enforcement actions
• Incorrect, incomplete, or manipulated data entered into the system
• Reliance on data or reports generated through Operimate

11.4 Basis of the Bargain

You acknowledge and agree that the limitations of liability set forth in this Section are a fundamental element of the agreement between you and Operimate and that Operimate would not provide the Services without such limitations.

12. Indemnification

12.1 Indemnification Obligation

The Boss and Casino agree to defend, indemnify, and hold harmless Operimate, its owners, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Use or misuse of the Services by the Casino or its personnel
• Violation of these Terms
• Inaccurate, misleading, or unlawful data entered into Operimate
• Casino business operations or gaming activities
• Player disputes, complaints, or claims
• Collection, storage, or use of Surveillance Data
• Failure to comply with applicable laws or regulations

12.2 Third-Party Claims

This indemnification obligation includes, without limitation, claims brought by:

• Players
• Employees, operators, or managers
• Regulatory authorities
• Third parties alleging privacy, data protection, or surveillance violations

12.3 Control of Defense

Operimate reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification.

The Casino agrees to:

• Cooperate fully with Operimate in the defense of such claims
• Not settle any claim without Operimate's prior written consent if the settlement imposes any obligation or admission on Operimate

12.4 Survival

The indemnification obligations set forth in this Section shall survive termination of these Terms and the Casino's use of the Services.

13. Suspension & Termination

13.1 Suspension for Violations

Operimate may suspend access to the Services only after providing notice to the Boss if Operimate reasonably determines that:

• These Terms have been violated
• The Services are being misused
• Continued use poses legal, security, or operational risk

The notice will describe the reason for suspension and, where reasonably possible, provide the Casino an opportunity to cure the violation within a specified timeframe.

13.2 Immediate Restriction in Limited Circumstances

Notwithstanding Section 13.1, Operimate may temporarily restrict access without prior notice only where required by law or where continued access would result in imminent harm to the platform, other users, or third parties.

Such restriction shall be limited in scope and duration and followed by prompt notice to the Boss.

13.3 Termination by Casino

The Boss may terminate the Subscription at any time by providing notice through Operimate's designated support channels.

Termination does not relieve the Casino of:

• Outstanding payment obligations
• Responsibilities accrued prior to termination

13.4 Termination by Operimate

Operimate may terminate a Subscription upon written notice if:

• Violations are not cured within the provided timeframe
• Repeated or material breaches occur
• Continued use exposes Operimate to legal or regulatory risk

13.5 Effect of Termination

Upon termination or expiration of a Subscription:

• Access to the Services is discontinued
• All operational data, Content, and Surveillance Data are deleted immediately
• Subscription and billing-related data may be retained for up to ninety (90) days solely for chargeback resolution, legal, and compliance purposes

13.6 Survival

Sections relating to:

• Intellectual property
• Disclaimers
• Limitation of liability
• Indemnification
• Governing law

shall survive termination of these Terms.

14. Governing Law & Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or the relationship between the parties shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the use of Operimate shall be brought exclusively in the state or federal courts located within the State of Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

15. Contact Information & Notices

If you have any questions about these Terms, the Services, or need to provide legal notice, you may contact Operimate using the details below:

Operimate
Texas, United States

• Legal & Administrative Inquiries: admin@operimate.com
• Support & General Inquiries: support@operimate.com

All notices shall be deemed received when delivered electronically to the appropriate email address listed above, unless otherwise required by applicable law.