Terms of service

These Terms of Service ("Terms") are an agreement between you and 0pon, LLC, a District of Columbia limited liability company ("0pon," "we," "us"). They govern your access to the 0pon website (0pon.com), our informational content, and any applications, portals, or services we make available online (collectively, the "Services"). By accessing the Services you agree to these Terms. If you do not agree, do not use the Services.

0pon is a software and privacy-engineering studio. We build custom software, operate client portals (0pon Care, at app.0pon.com), and develop privacy-first products. Our products are not self-serve. Any actual engagement, including any handling of client or patient data, is governed by a separate written Master Services Agreement ("MSA") and, where applicable, a Business Associate Agreement ("BAA"), executed between 0pon and the client. To the extent these Terms conflict with a signed MSA or BAA, the MSA or BAA controls.

The Services are intended for businesses and professionals, not consumers, and not for use by anyone under 18. If you create an account (for example, a client portal login), you are responsible for safeguarding your credentials and for activity under your account.

You agree not to: (a) use the Services unlawfully or to violate others' rights; (b) attempt to access systems, data, or accounts you are not authorized to access; (c) probe, scan, or disrupt the Services or circumvent security; (d) upload malware; or (e) submit protected health information (PHI) or other regulated data through the public website or any channel not covered by a signed BAA.

0pon may act as a Business Associate for healthcare clients. Any PHI we process is handled solely under a signed BAA and applicable law (HIPAA), not under these Terms. Do not transmit PHI to us except through systems and channels expressly covered by an executed BAA. The public website and general business communications are not authorized channels for PHI.

The Services, including content, software, and trademarks, are owned by 0pon or its licensors and protected by law. We grant you a limited, revocable, non-exclusive license to use the Services for their intended purpose. Ownership of deliverables produced under a client engagement is governed by the applicable MSA.

We handle client and end-user data as described in our Privacy Notice and, for engagements, the MSA or BAA. We treat client confidential information as confidential and use it only to provide the Services.

The Services rely on third-party subprocessors (for example, hosting, database, and error monitoring) listed in our Privacy Notice. We are not responsible for third-party services outside our control; your use of them may be subject to their terms.

Informational use of the website is free. Paid engagements and subscriptions are billed as set out in the applicable MSA or order, processed through our payment provider. Fees are non-refundable except as required by law or stated in the MSA.

The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Services will be uninterrupted or error-free. Nothing on the website is legal, medical, or professional advice.

To the maximum extent permitted by law, 0pon will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability arising out of or relating to the Services (outside of a signed MSA, which controls for engagements) will not exceed the greater of USD $100 or the total fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

You agree to indemnify and hold 0pon harmless from claims arising out of your misuse of the Services or violation of these Terms.

We may suspend or terminate access to the Services at any time for violation of these Terms or as required by law. Sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, governing law) survive termination.

These Terms are governed by the laws of the District of Columbia, without regard to conflict-of-laws rules. The state and federal courts located in the District of Columbia will have exclusive jurisdiction.

We may update these Terms; material changes will be posted with a new effective date. Continued use after changes constitutes acceptance.

0pon, LLC · mike@0pon.com · Washington, DC