Terms of Service

1. The Provider and the parties

These Terms of Service (the “Terms”) govern the use of the OPEREX industrial shift-log (shift diary) SaaS provided under the operex.eu domain (the “Service”).

Provider:

• Name: Mészáros János egyéni vállalkozó (sole trader, Hungary)
• Support email: marketing@operex.eu
• Website: https://operex.eu

Hosting provider:

• Name: Hetzner Online GmbH
• Address: Industriestr. 25, 91710 Gunzenhausen, Germany
• Company reg.: HRB 6089, Amtsgericht Ansbach

By using the Service, the Subscriber (the “Subscriber”) expressly accepts these Terms and the Privacy policy.

2. Description of the Service

OPEREX is a B2B industrial shift-log platform for continuous-process, hazardous facilities (chemicals, refineries, energy, steel): shift handover, event log, task and order management, with an ISO 45001 §10.2 audit trail. Each Subscriber receives its own workspace (typically a dedicated subdomain, e.g. plant.operex.eu).

Deployment models: Starter (shared pool), Business (dedicated project, custom domain) and Enterprise (on-premise / air-gapped). The specific available features and limits depend on the chosen plan.

The Service operates as SaaS (Software as a Service): the Provider operates the platform, while the Subscriber is responsible for the content and accuracy of the data entered into the system.

3. Access and registration

OPEREX is currently in a pilot / early-access phase, and registration is invitation-only. New user accounts are created by invitation from the tenant (Subscriber).

The Service is for business (B2B) use; the registering person must be of legal age, have legal capacity, be authorised to act on behalf of the relevant business, and provide accurate information.

4. Subscription, fees and billing

The payment and billing provider has not yet been selected. OPEREX is in a pilot / early-access phase — there is no live paid subscription yet. The payment provider, together with the related billing and data-processing terms, will be added to this document before paid billing goes live.

When paid subscriptions go live, this section will be extended with pricing, the billing cycle, renewal and cancellation rules, and refund terms. Pilot-phase access may be governed by a separate agreement.

5. Subscriber obligations

• Provide accurate information on registration and (for paid billing) invoicing
• Use the Service lawfully and in good faith
• Provide appropriate privacy information to its own employees / data subjects (since the Subscriber is the controller of the operational data)
• Keep account credentials secure and not share them with third parties
• Refrain from any activity that endangers the operation, security or other users of the Service

Important — industrial responsibility: OPEREX is a software tool that supports shift management and documentation. Using the Service does not relieve the Subscriber of its statutory and standards obligations regarding facility operation, occupational safety, process safety and emergency response. The Subscriber remains responsible for safety decisions and regulatory compliance.

6. Provider obligations

• Operate the Service continuously and with due care (except for planned maintenance windows)
• Process data in compliance with the GDPR per the Privacy policy
• Provide support at marketing@operex.eu with a reasonable response time
• Inform affected parties in the event of a material service outage

7. Intellectual property

The OPEREX software, its source code, design and documentation are the intellectual property of the Provider. The Subscriber receives a non-exclusive, non-transferable right to use the Service for the duration of the subscription. Data entered into the system by the Subscriber (shift logs, entries) remains the property of the Subscriber.

8. Limitation of liability

The Provider supplies the Service on an “as-is” basis. The Provider is not liable for:

• the accuracy, completeness or truthfulness of content entered into the system by the Subscriber;
• operational, occupational-safety or process-safety decisions — these are the Subscriber’s responsibility (see section 5);
• damage arising from the outage or failure of third-party services (Hetzner, Resend, the future payment processor), to the extent of the terms applicable to them;
• force majeure events (e.g. natural disaster, regulatory action, cyber-attack, internet outage).

Save for intentional or grossly negligent conduct, or harm to life, bodily integrity or health, the Provider’s liability for damages is limited to the amount actually paid by the Subscriber in the 12 months preceding the event causing the damage.

9. Data protection

The detailed rules for processing personal data are set out in the Privacy policy. The Provider acts as a controller for its own Subscriber data and as a processor for the Subscriber’s operational data; the detailed rules for the latter, under Article 28 GDPR, are set out in the Data Processing Agreement (DPA), which forms an integral part of these Terms.

10. Amendments to the Terms

The Provider reserves the right to amend these Terms unilaterally. Subscribers will be notified by email at least 15 days before any change takes effect. If the Subscriber does not stop using the Service before the effective date, the amendment is deemed accepted.

11. Complaint handling

Subscribers may submit complaints at marketing@operex.eu; the Provider will investigate and respond in writing within 30 days. A user acting as a consumer may also turn to the competent conciliation body or to the European Commission’s online dispute resolution platform: ec.europa.eu/consumers/odr.

12. Governing law and disputes

These Terms are governed by Hungarian law. The parties will seek to resolve disputes primarily by negotiation; failing that, the competent Hungarian court has jurisdiction.