Terms of Service

These Terms of Service (the “Terms”) are a binding contract between you and NetixOps (“NetixOps,” “we,” “us,” or “our”). They govern your access to and use of the NetixOps web application, mobile applications, APIs, SMS notifications, push notifications, and any other software or services that link to these Terms (collectively, the “Service”).

By creating an account, accessing the Service, or clicking “I agree” (or similar), you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Service.

If you are using the Service on behalf of a public-safety agency, fire department, EMS service, utility, school district, or other organization (an “Agency”), you represent that you have authority to bind that Agency to these Terms, and “you” refers to both you and the Agency.

• “Customer Data” means any data, text, files, images, location coordinates, audio, video, or other content that you or your Authorized Users submit to the Service.
• “Authorized User” means an individual to whom your Agency has granted access to the Service (employees, contractors, mutual-aid partners).
• “Documentation” means our then- current published user guides, API references, and in-app help content for the Service.

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. The Service is not intended for and may not be used by anyone under 13.

Accounts are typically provisioned by an Agency administrator or via a self-service signup invitation. You agree to (a) provide accurate and complete registration information, (b) keep your credentials confidential, (c) not share your account with anyone, and (d) notify us promptly at support@ops.netix.co of any actual or suspected unauthorized access. You are responsible for all activity that occurs under your account.

Subject to your compliance with these Terms and payment of any applicable fees, NetixOps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription term solely for your Agency’s internal operations. All rights not expressly granted are reserved.

You agree not to, and not to allow any Authorized User to:

• use the Service in violation of any law, regulation, or third-party right;
• upload, transmit, or store any content that is unlawful, defamatory, infringing, harassing, or that contains malware or harmful code;
• attempt to gain unauthorized access to the Service, other accounts, other Agencies’ data, or NetixOps’ underlying infrastructure;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets from the Service (except to the extent these restrictions are prohibited by applicable law);
• probe, scan, or test the vulnerability of the Service or breach any security or authentication measures, except through a coordinated disclosure program we authorize in writing;
• use the Service to develop or train a competing product or service;
• use the Service to send unsolicited communications (“spam”), commercial solicitations, or messages to recipients who have not consented to receive them;
• resell, sublicense, time-share, or rent the Service to a third party; or
• circumvent or attempt to circumvent any usage limits, rate limits, or access controls.

We may suspend your access to the Service immediately and without notice if we reasonably believe you are violating this Section 5 or creating a security, legal, or operational risk to NetixOps or other customers.

As between you and NetixOps, you retain all rights to your Customer Data. You grant NetixOps a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, display, modify (for formatting), and process Customer Data solely as necessary to provide, secure, and improve the Service, to comply with law, and to enforce these Terms.

You represent and warrant that (a) you have all rights necessary to grant the license above, (b) Customer Data and your use of the Service do not violate any law or third-party right, and (c) any personal data you submit has been collected and is processed by you in compliance with applicable privacy laws.

NetixOps is built and operated on infrastructure located in the United States and is designed with the security expectations of public-safety agencies in mind, including controls patterned on the kinds of safeguards required for sensitive law-enforcement systems — encryption in transit and at rest, tenant isolation enforced at the database level, role-based access, least-privilege administration, append-only audit logging, and routine third-party penetration testing.

The Service is not, by itself, an authorized environment for Criminal Justice Information (“CJI”) as that term is defined by the FBI Criminal Justice Information Services (CJIS) Security Policy. You agree that you will not enter, upload, attach, transmit, or otherwise submit CJI to the Service unless you and NetixOps have first executed a separate written CJIS addendum or equivalent data-handling agreement that specifically authorizes that use and allocates the responsibilities of each party. Operational content that does not constitute CJI — for example, incident titles, status, location and timing metadata, non-CJI personnel rosters, and general response coordination — may be used in the Service without such an addendum.

You are solely responsible for determining whether information you submit constitutes CJI and for obtaining the required addendum before doing so. NetixOps will work in good faith with public-safety customers that require a formal CJIS addendum; contact us using the information in Section 22 to begin that process. Until a CJIS addendum is in place, you agree to indemnify and hold NetixOps harmless from any claims, fines, audits, sanctions, or losses arising out of CJI submitted to the Service in violation of this Section.

The Service, including all software, designs, text, graphics, logos, and the “NetixOps” name and marks, is owned by NetixOps and its licensors and is protected by copyright, trademark, trade-secret, and other intellectual- property laws. These Terms do not transfer any ownership of the Service to you. You may not remove or alter any proprietary notices.

You may submit feedback, ideas, or suggestions about the Service (“Feedback”). You agree that NetixOps may use Feedback without restriction or compensation, and you grant NetixOps a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize the Feedback.

When you opt in to SMS alerts on the profile page, you expressly consent to receive recurring text messages from NetixOps at the number(s) you opted in, sent using an automatic telephone dialing system. Message types include incident dispatch alerts, callout activations, status updates on incidents you are assigned to, and occasional service notices. Your consent is not a condition of using the Service.

Message frequency varies with incident activity in your Agency. Message and data rates may apply. Reply HELP for help. Reply STOP at any time to unsubscribe — STOP also clears the corresponding opt-in on your profile. Carriers and NetixOps are not liable for delayed or undelivered messages.

For SMS support, contact us at support@ops.netix.co or (813) 723-7944 (call or text, 24/7).

If your access to the Service is provided under a paid plan or order, you agree to pay all applicable fees as set forth in your order form, plan page, or applicable invoice. Fees are non-refundable except as expressly stated. Subscriptions renew automatically for successive terms equal to the initial term unless either party cancels in writing before the renewal date.

All fees are exclusive of taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes arising from your use of the Service, other than taxes based on our net income.

We will use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice. We may perform scheduled maintenance that temporarily affects availability.

We may suspend or terminate your account or access to the Service, in whole or in part, immediately and without notice if (a) you breach these Terms, (b) we are required to do so by law, (c) your use creates a security or operational risk, or (d) any amounts owed are past due.

Either party may terminate a subscription for any reason at the end of the then-current term by giving written notice before the renewal date. Upon termination, your right to access the Service ceases. You may export your Customer Data for up to 30 days after termination by contacting us; thereafter, we may delete it in the ordinary course.

The Service is provided “as is” and “as available” without warranty of any kind.

To the maximum extent permitted by law, NetixOps disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or usage of trade.

The Service is operational software, not a primary life-safety system. You acknowledge that the Service depends on third-party networks, devices, GPS, cellular carriers, and the public internet, any of which may fail or be delayed. The Service is not a substitute for established CAD, 911, dispatch, or other public-safety communication systems. You should not rely on the Service as the sole means of dispatching, locating, or communicating with personnel in an emergency.

To the maximum extent permitted by law, NetixOps will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or in connection with these Terms or your use of the Service, even if NetixOps has been advised of the possibility of such damages.

NetixOps’ aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts you paid to NetixOps for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

The limitations in this Section 14 apply to all claims, regardless of legal theory (contract, tort, statute, or otherwise), and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you.

You agree to defend, indemnify, and hold harmless NetixOps and its officers, directors, employees, contractors, and affiliates from any third-party claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from (a) Customer Data, (b) your or any Authorized User’s use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right (including TCPA claims arising from your opt-in collection).

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Subject to Section 17 (arbitration), the exclusive venue for any judicial proceeding shall be the state or federal courts located in the State of Florida, and you and NetixOps consent to the personal jurisdiction of those courts.

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Florida, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative proceeding.

Exceptions. Either party may bring an individual action in small-claims court for Disputes within its jurisdiction, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement of intellectual-property rights or unauthorized access to the Service.

Opt-out. You may opt out of this Section 17 by sending written notice to support@ops.netix.co within 30 days of first accepting these Terms. The notice must state your name, your Agency, and that you are opting out of arbitration.

NetixOps will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, public-health emergencies, internet or telecommunications failures, cyberattacks, labor disputes, or failures of third-party service providers.

We may update these Terms from time to time. We will post the revised Terms here and update the “Effective” date above. Material changes will be announced in-app or by email at least 14 days before they take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance.

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement referencing these Terms, constitute the entire agreement between you and NetixOps and supersede all prior or contemporaneous understandings.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices. Notices to NetixOps must be sent by email to support@ops.netix.co. Notices to you may be sent to the email address associated with your account or posted in the Service.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

We offer time-limited trial workspaces (the “Trial”) so prospective customers can evaluate the Service. Trials are provisioned through the self-serve signup at netixops.com/trial and run for a 30-day period from activation unless we shorten or extend that period in our sole discretion. The terms in this Section 21 apply to Trial accounts in addition to the rest of these Terms; where this Section 21 conflicts with anything else in these Terms, this Section 21 controls for Trial accounts.

21.1 Evaluation use only — no commercial use. Trial accounts are provided solely for internal evaluation of the Service. You may not use a Trial account for any commercial, production, or live-operations purpose, including but not limited to managing real incidents, dispatching personnel, conducting actual investigations, recording evidence intended for legal proceedings, distributing public notifications, or any other use on which life, safety, property, or legal rights depend. If you need the Service for live operations, you must convert to a paid plan first.

21.2 Do not submit sensitive information. You agree not to upload, enter, or transmit through a Trial account any sensitive, regulated, or otherwise protected information, including but not limited to: criminal-justice information (CJIS), protected health information (HIPAA), personally identifiable information of third parties, financial-account numbers, government identifiers, classified material, attorney-client-privileged material, or any other data subject to special legal or contractual handling requirements. The criminal-justice provisions of Section 7 do not extend to Trial accounts, and Trial accounts are not covered by any CJIS, BAA, FedRAMP, or similar addendum.

21.3 Trial limits. Trial accounts are subject to per-trial volume caps published on the trial signup page and enforced in the Service (currently: up to five (5) personnel; up to fifteen (15) drone maps with up to two hundred (200) photos per map). We may change these caps at any time without notice.

21.4 Trial expiration and permanent deletion. At the end of the 30-day Trial period, your access to the Trial workspace will be suspended. If you do not convert the Trial workspace to a paid plan within thirty (30) days after the end of the Trial period, all data, content, accounts, integrations, and configuration associated with the Trial workspace will be permanently and irreversibly deleted. We have no obligation to retain, recover, or restore any Trial data after that 30-day window expires. You are solely responsible for exporting any data you wish to keep before the Trial workspace is deleted. We have no obligation to notify you separately of the impending deletion beyond the in-app warnings displayed during the Trial period.

21.5 Monitoring of Trial use. You acknowledge and agree that your use of a Trial account may be monitored, logged, and reviewed by us, including the content of Trial workspaces, for any purpose including but not limited to product improvement, abuse detection, compliance, security, and follow-up communication with you about the Trial. This monitoring is broader than what applies to paid plans and is a condition of receiving free access.

21.6 Suspension or discontinuation at any time. We may suspend, modify, throttle, or terminate any Trial account, in whole or in part, at any time, for any reason (or no reason), without notice and without liability. Without limiting the foregoing, we may discontinue a Trial if we suspect abusive use, sharing of credentials beyond the permitted personnel cap, attempts to circumvent Trial limits (including signing up for multiple Trials for the same organization), use of disposable or non-work email addresses, or any other use we determine to be inconsistent with the evaluation purpose of the Trial.

21.7 No warranties; reduced liability. Trial accounts are provided strictly on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranty of any kind. The disclaimers in Section 13 and the limitations of liability in Section 14 apply in full to Trial accounts and, in addition, our aggregate liability arising out of or related to any Trial account is capped at one hundred U.S. dollars ($100), notwithstanding any larger cap that might otherwise apply under Section 14.

21.8 Communications. By signing up for a Trial you consent to receive transactional emails (signup verification, expiry warnings, deletion notices) and reasonable follow-up communications about the Trial, including SMS, calls, and marketing material, from NetixOps and its agents. You may opt out of non-transactional communications at any time as described in our Privacy Policy.

21.9 Conversion. If you choose to convert a Trial workspace to a paid plan, the data in the workspace will be retained subject to the paid plan’s terms. Conversion does not retroactively change the terms of Section 21 for activity that occurred during the Trial period.

Questions about these Terms? We’re reachable around the clock.