Terms of Service
Last updated: 3rd September 2025
Agreement to terms
These Terms and Conditions, together with any applicable Service Agreement, constitute a legally binding agreement between the Client identified in the Service Agreement (“Client”) and Opauto Agency (“Opauto”), concerning Client’s use of the Site and engagement with Opauto’s services. By accessing the Site, Client confirms that they have read, understood, and agreed to be bound by these Terms and Conditions. If Client does not agree to these Terms and Conditions, Client must not use the Site or engage Opauto’s services.
Opauto reserves the right to modify these Terms and Conditions at any time. Updated Terms will be posted on the Site, and continued use of the Site after such posting will constitute acceptance of the revised Terms.
Client access and client data
Opauto hereby grants Client a non-exclusive, non-transferable right to use the Services during the term, solely for Client’s internal business purposes. If applicable, Opauto may provide access credentials or secure links to enable Client’s use of the Services.
Opauto acknowledges that, as between Opauto and Client, Client owns all right, title, and interest, including all intellectual property rights, in and to Client’s data. Client grants Opauto a non-exclusive, royalty-free, worldwide license to use, reproduce, and display Client data solely to the extent necessary to deliver the Services.
Excluding any Client Confidential Information, all generalized insights, models, or adaptations created by Opauto’s AI systems shall remain the property of Opauto.
Opauto's intellectual property rights
Client acknowledges that, as between Client and Opauto, all rights, title, and interest in and to Opauto’s intellectual property—including, without limitation, all content, branding, service methodologies, proprietary tools, and materials made available through the Site or in connection with the Services—remain the exclusive property of Opauto. This includes all text, graphics, designs, logos, trademarks, service marks, and other materials (collectively, the “Content”), which are protected by applicable intellectual property laws of the United Kingdom and other jurisdictions worldwide.
Client agrees not to use the Site or Services for any purpose beyond the scope expressly permitted in these Terms and Conditions. Without prior written consent, Client shall not, and shall not permit any third party to:
(1) copy, reproduce, modify, or create derivative works of any part of the Site or Services;
(2) sell, license, sublicense, distribute, or otherwise make the Site or Services available to others;
(3) reverse engineer, decompile, or attempt to access any underlying systems or software components; or
(4) remove or alter any proprietary notices or branding associated with the Site or Services.
Client Representations
By using the Site, Client represents and warrants that:
(1) all registration information Client submits will be true, accurate, current and complete;
(2) Client will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) Client will comply with these Terms and Conditions;
(4) Client will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(5) Client will not use the Site for any illegal or unauthorized purpose; and
(6) Client’s use of the Site will not violate any applicable law or regulation.
(7) Client has obtained from its prospective customers the consent required by the TCPA or other applicable law to allow Opauto to contact those prospective customers on Client’s behalf.
If Client provides any information that is untrue, inaccurate, not current or incomplete, Opauto has the right to suspend or terminate Client’s account and prohibit Client from any and all current or future use of the Site.
Client Registration
Opauto may, in the future, offer account-based access to certain features of the Site. If and when such functionality is introduced, Clients will be required to register and maintain the security of their login credentials. Additional terms may apply.
Confidentuality
From time to time during the Term, either Client or Opauto (as the "Disclosing Party") may disclose or make available to the other (as the "Receiving Party") information about its business affairs and services, confidential information and materials comprising or relating to intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, as well as the terms of this Agreement, whether orally or in written, electronic or other form or media, and, whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does not include information that at the time of disclosure: (a) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 6 by the Receiving Party or any of its representatives; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was known by or in the possession of the Receiving Party or its representatives prior to being disclosed by or on behalf of the Disclosing Party; (d) was or is independently developed by the Receiving Party without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information; or (e) is required to be disclosed pursuant to applicable law. The Receiving Party shall, for three years from receipt of such Confidential Information: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person, except to the Receiving Party's representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. The Receiving Party shall be responsible for any breach of this confidentiality clause caused by any of its representatives. If the Parties have signed a separate nondisclosure agreement, that document shall supersede this Section 6 with respect to the treatment of Confidential Information.
Cancellation
In the event Services are terminated by either Party, Client shall pay for all appointments scheduled through the Services through the effective date of termination.
Prohibited Activities
Client may not access or use the Site for any purpose other than that for which Opauto makes the Site available. As a user of the Site, Client agrees not to:
• Use any information obtained from the Site in order to harass, abuse or harm another person.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
• Attempt to impersonate any individual or entity in connection with use of the Site or Services.
• Interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Site to Client.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
• Copy, adapt, or attempt to access any underlying code or systems of the Site.
• Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use the Site as part of any effort to compete with Opauto.
Warranties and warranty disclaimer
Opauto warrants that the Services will be provided in compliance with applicable laws and will not contain any viruses or malicious code.
Except for the foregoing warranties, the Services are provided “as is,” and Opauto disclaims all other warranties, whether express, implied, statutory, or otherwise. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing, usage, or trade practice.
To the fullest extent permitted by applicable law, Opauto makes no guarantees regarding the accuracy, reliability, or suitability of the Services for any specific purpose.
Feedback and Suggestions
From time to time, Client may provide Opauto with feedback, ideas, or suggestions related to the Site or Services. Client agrees that such input is provided voluntarily and without obligation, and Opauto may use it freely without compensation or attribution.
Privacy Policy
Opauto is committed to protecting Client data. Please review our Privacy Policy, which is incorporated into these Terms and Conditions.
The Site is hosted in the United Kingdom. If Client accesses the Site from outside the UK, Client acknowledges that personal data may be transferred to and processed in the United Kingdom. Such transfers will be handled in accordance with applicable data protection laws, including the UK GDPR. Where required, Opauto will implement appropriate safeguards such as the UK International Data Transfer Agreement or other lawful mechanisms to ensure adequate protection of personal data.
Termination by opauto
Without limiting any other rights under this Agreement, Opauto reserves the right to suspend or terminate Client’s access to the Site or Services at any time, without prior notice or liability, if Opauto reasonably believes that Client has violated these Terms and Conditions or any applicable law.
Opauto may also restrict access to the Site (including blocking IP addresses) to protect its business, intellectual property, or users. In the event of termination, Opauto reserves the right to pursue appropriate legal remedies, including civil or injunctive relief, where necessary.
Modifications and interruptions
Opauto reserves the right to update, modify, suspend, or remove any part of the Site or Services at any time, for any reason, without prior notice. While Opauto aims to maintain reliable access, the Site may occasionally be unavailable due to maintenance, updates, technical issues, or other interruptions.
Opauto shall not be liable to Client or any third party for any loss, damage, or inconvenience resulting from changes to the Site or temporary unavailability. Nothing in these Terms obligates Opauto to maintain or support the Site, or to provide updates or corrections.
Governing Law
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
The Parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
DISPUTE RESOLUTION Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the "Disputes") brought by either Client or Opauto, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration Any Dispute arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be London, England. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorney fees.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction sitting in London, England., and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. Opauto reserves the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without prior notice.
Limitations Of Liability
Nothing in these Terms shall limit or exclude Opauto’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be lawfully excluded under applicable law.
To the fullest extent permitted by law, Opauto and its directors, employees, and agents shall not be liable to Client or any third party for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, revenue, data, or business opportunity, arising out of or related to Client’s use of the Site or Services—even if Opauto has been advised of the possibility of such damages.
Subject to the above, Opauto’s total liability to Client for any claim arising under or in connection with these Terms shall be limited to the total amount paid by Client to Opauto in the three (3) months preceding the event giving rise to the claim.
Indemnification
Opauto shall indemnify and hold harmless Client against any reasonable losses, damages, liabilities, and legal costs arising from a third-party claim that the Services, when used in accordance with these Terms, infringe that third party’s intellectual property rights—provided that Client promptly notifies Opauto in writing, cooperates with Opauto at Opauto’s expense, and allows Opauto to control the defence and settlement of the claim.
Client shall indemnify and hold harmless Opauto against any reasonable losses, damages, liabilities, and legal costs arising from a third-party claim resulting from:
(i) Client’s use of the Site or Services in breach of these Terms;
(ii) Client’s violation of applicable law; or
(iii) Client’s infringement of a third party’s rights, including data privacy rights.
Opauto reserves the right, at Client’s expense, to assume control of the defence of any claim for which Client is required to indemnify Opauto, and Client agrees to cooperate with such defence. Opauto will use reasonable efforts to notify Client of any such claim upon becoming aware of it.
Data security / Restrictions on use
Opauto employs reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of Client data, and to prevent unauthorised access, use, or disclosure.
While Opauto is not formally certified under frameworks such as SOC 2 or ISO/IEC 27001, it strives to align its practices with recognised standards including the UK GDPR and other applicable data protection regulations.
Client data will be used solely for the purpose of delivering the Services and will not be shared, sold, or transferred to any third party unless required by law or expressly authorised by the Client.
DATA BACKUPS
Opauto may retain certain service-related data transmitted by Client for the purpose of managing and improving the Site and Services. While Opauto performs routine backups of its systems, Client remains responsible for maintaining copies of any data relevant to their use of the Services.
Opauto shall not be liable for any loss or corruption of Client data, except where such liability cannot be excluded under applicable law. If data download functionality is made available, Client may access and retrieve their data in accordance with the features provided.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending emails to Opauto, or completing online forms, Client agrees to receive electronic communications. Client acknowledges that agreements, notices, disclosures, and other communications provided electronically—via email or through the Site—satisfy any legal requirement that such communications be in writing.
Client consents to the use of electronic signatures, contracts, orders, and records, and to the electronic delivery of notices, policies, and transaction records initiated or completed by Opauto.
To the extent permitted by applicable law, Client waives any requirement for original (non-electronic) signatures or physical delivery of records, and agrees that electronic methods are sufficient for contractual and transactional purposes.
FORCE MAJEURE
Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from events beyond its reasonable control (“Force Majeure”), including but not limited to fire, flood, explosion, war, strike, embargo, government action, act of God, failure of utilities or internet services, or other similar events.
The affected Party shall promptly notify the other Party of the Force Majeure event and will be excused from performance for the duration of the event. Both Parties shall use reasonable efforts to mitigate the impact of the Force Majeure and to resume performance as soon as reasonably practicable.
MISCELLANEOUS
These Terms and Conditions, together with any Service Agreement and policies posted by Opauto on the Site, constitute the entire agreement between Client and Opauto regarding the use of the Site and Services.
A failure by either Party to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other rights.
If any part of these Terms is found to be unlawful, void, or unenforceable under applicable law, that part shall be severed, and the remainder shall remain in full force and effect.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between Client and Opauto.
Opauto may assign its rights and obligations under these Terms to a third party, provided that such assignment does not materially affect Client’s rights under the Agreement.
Contact
Opauto In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Opauto at:
Opauto
1 Bewicke View, Birtley, Co-Durham, DH3 1RU, UK.
p: +447780902191
