Operations Maintenance
Terms of Service
Effective date: September 8, 2026
Last updated: September 8, 2026
Agreement
These Terms of Service ("Terms") govern access to and use of the Operations Maintenance software platform, website, applications, and related services (collectively, the "Services") provided by Thomas Software Solutions ("Thomas Software Solutions," "Operations Maintenance," "we," "us," or "our"). By creating an account, purchasing a subscription, accepting an invitation to use the Services, or otherwise accessing or using the Services, the customer and each authorized user agree to these Terms. The Services are offered for business use only.
1. Eligibility and Authority
Users must be at least 18 years old. If you access the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms or that you are an authorized user acting within permissions granted by the subscribing organization.
2. Accounts and Authorized Users
Customers are responsible for maintaining the confidentiality of account credentials and for activity occurring under their accounts. Customers control which users are authorized to access their organization and are responsible for promptly disabling access when a user should no longer have access. Users may not share credentials in a manner that defeats account or plan limitations or compromises security.
3. Subscriptions and Pricing
Operations Maintenance is offered through subscription plans and, where applicable, custom enterprise arrangements. Current plan pricing, limits, and included features are presented at the time of purchase and may change for future purchases or renewals. Unless otherwise agreed in writing, subscription fees are charged in advance for the applicable billing period.
4. Fourteen-Day Free Trial
Eligible customers may receive a 14-day free trial. No payment method is required to begin the trial unless stated otherwise at the time of signup. The trial does not automatically become a paid subscription without the customer taking the required action to purchase a subscription. At the end of the trial, access may be limited, suspended, or terminated unless the customer purchases a paid subscription. Trial eligibility may be limited to prevent abuse.
5. Monthly and Annual Billing
Monthly subscriptions remain active through the end of the paid monthly billing period after cancellation. Annual subscriptions remain active through the end of the paid annual subscription period after cancellation. Except where required by law or expressly stated otherwise, fees already paid are non-refundable and no prorated refunds or credits are provided for unused portions of a billing period.
6. Cancellation
Customers may cancel a subscription at any time using available account controls or by contacting Thomas Software Solutions. Cancellation stops future renewal charges but does not immediately terminate access during an already-paid billing period. Customers remain responsible for charges incurred before cancellation.
7. Payment Processing
Payments may be processed by third-party processors such as Stripe. Customers agree to provide accurate billing information and authorize applicable charges. Thomas Software Solutions does not intend to directly store complete payment card numbers. Payment processing may also be subject to the processor's terms and policies.
8. Customer Data
As between the parties, the customer retains ownership of Customer Data submitted to the Services. The customer grants Thomas Software Solutions a non-exclusive, limited right to host, copy, transmit, process, back up, display, and otherwise use Customer Data as reasonably necessary to provide, secure, maintain, support, and improve the Services and fulfill legal obligations. Thomas Software Solutions retains ownership of the Services, software, designs, technology, documentation, trademarks, and other intellectual property associated with Operations Maintenance.
9. Customer Responsibilities
Customers are responsible for their authorized users; the accuracy, quality, legality, and appropriateness of Customer Data; permissions and access levels; lawful collection and use of employee, customer, tenant, contractor, or other third-party information; and obtaining any required notices, permissions, or consents. Customers must not use the Services to violate law or the rights of another person.
10. Acceptable Use
Users may not attempt to gain unauthorized access to the Services or another customer's data; probe or circumvent security controls; introduce malware or harmful code; interfere with availability or performance; use the Services for unlawful, fraudulent, abusive, or infringing activity; reverse engineer the Services except where such restriction is prohibited by law; resell or sublicense the Services without authorization; or use automated methods in a manner that materially burdens or disrupts the Services.
11. Files and User Content
Customers and users may upload photos, documents, invoices, PDFs, attachments, and other content. They represent that they have the rights and permissions necessary to upload and use such content. Thomas Software Solutions may restrict or remove content when reasonably necessary to protect the Services, comply with law, respond to a valid legal request, or enforce these Terms.
12. Communications and Notifications
The Services may provide email, SMS/text-message, browser, push, and in-application communications. Users are responsible for maintaining accurate contact information and notification preferences. SMS functionality may require separate consent and will support legally required opt-out methods where applicable. Delivery of notifications is not guaranteed because delivery may depend on telecommunications carriers, internet providers, device settings, third-party platforms, and other systems outside our control.
13. Maintenance and Safety Disclaimer
Operations Maintenance is an administrative and work-management tool. It is not a life-safety system, emergency dispatch system, engineering system, safety inspection substitute, or substitute for qualified personnel, professional judgment, manufacturer instructions, required inspections, emergency procedures, lockout/tagout procedures, OSHA requirements, building codes, fire codes, environmental requirements, or other applicable laws, regulations, standards, or safety practices.
Customers remain solely responsible for maintaining safe facilities and equipment, complying with applicable requirements, determining work priority and urgency, and ensuring that appropriately qualified personnel perform maintenance and repairs. Users should not rely on the Services as the sole means of communicating emergencies or safety-critical information.
14. Availability and Maintenance
We use commercially reasonable efforts to maintain availability of the Services, but we do not guarantee uninterrupted, error-free, or continuously available service. The Services may be unavailable because of maintenance, upgrades, outages, third-party provider failures, internet or telecommunications failures, security incidents, force majeure events, or other circumstances. Unless separately agreed in writing, no specific service-level agreement or uptime percentage is promised.
15. Backups and Data Loss
We may maintain backups as part of our operational practices; however, customers should use available export functionality and maintain copies of information that is critical to their business when appropriate. To the maximum extent permitted by law, Thomas Software Solutions is not responsible for loss resulting from a customer's failure to maintain appropriate records or exports, except to the extent liability cannot lawfully be excluded.
16. Data Retention After Termination
Following expiration or termination, Customer Data may remain available for up to 30 days to allow retrieval or export. After that period, we may delete Customer Data from active systems. Backup copies may remain for a limited period until deleted or overwritten through ordinary backup retention processes. Customers are responsible for exporting information they need before the retention period expires.
17. Suspension and Termination
We may suspend or terminate access when reasonably necessary because of nonpayment, material violation of these Terms, unlawful use, security risk, abuse of the Services, threat to other customers or infrastructure, or legal requirement. When practical, we may provide notice and an opportunity to cure before suspension or termination, but immediate action may be taken when reasonably necessary to protect the Services or others.
18. Changes to the Services
We may modify, add, remove, or discontinue features as the Services evolve. We will use reasonable judgment when making material changes affecting paid functionality. These Terms do not require Thomas Software Solutions to develop any particular future feature, integration, or functionality.
19. Disclaimer of Warranties
To the maximum extent permitted by law, the Services are provided "as is" and "as available." Thomas Software Solutions disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade, except to the extent such warranties cannot legally be disclaimed. We do not warrant that the Services will be uninterrupted, error-free, completely secure, or suitable for every maintenance or operational purpose.
20. Limitation of Liability
To the maximum extent permitted by law, Thomas Software Solutions and its owners, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, business, goodwill, or data; business interruption; or cost of substitute services arising out of or related to the Services or these Terms.
To the maximum extent permitted by law, the aggregate liability of Thomas Software Solutions arising out of or related to the Services or these Terms will not exceed the amount actually paid by the applicable customer to Thomas Software Solutions for the Services during the twelve months immediately preceding the event giving rise to the claim.
These limitations apply to the extent permitted by applicable law and do not limit liability that cannot legally be limited or excluded.
21. Indemnification
To the extent permitted by law, the customer agrees to defend, indemnify, and hold harmless Thomas Software Solutions and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, costs, and reasonable expenses arising from the customer's or its authorized users' unlawful use of the Services, violation of these Terms, infringement or misuse of third-party rights, or Customer Data submitted without required rights or permissions.
This provision should be reviewed by qualified counsel before relying on it in material customer contracts.
22. Governing Law and Venue
These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law principles. Subject to applicable law, disputes arising out of or relating to these Terms or the Services will be brought in an appropriate state or federal court located in Kansas, and the parties consent to the jurisdiction of those courts.
This provision should be reviewed by Kansas counsel, particularly before contracting with customers located outside Kansas.
23. Force Majeure
Thomas Software Solutions will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, acts of government, war, terrorism, civil unrest, labor disruptions, utility failures, internet or telecommunications failures, cloud-provider outages, cyberattacks, or other similar events.
24. Assignment
Customers may not assign these Terms without our prior written consent, except in connection with a permitted merger, acquisition, or sale of substantially all relevant business assets where the successor agrees to assume the customer's obligations. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of all or part of our business or assets.
25. Changes to These Terms
We may update these Terms from time to time. The revised Terms will be posted with an updated effective date. For material changes affecting existing paid customers, we may provide additional notice through the Services, email, or another reasonable method. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.
26. Entire Agreement and Severability
These Terms, the Privacy Policy, applicable order or subscription information, and any separately signed agreement constitute the agreement concerning the Services unless otherwise expressly agreed in writing. If a provision is held unenforceable, the remaining provisions remain in effect and the invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted.
27. Contact
Thomas Software Solutions
408 E North St
Westmoreland, KS
Legal/Privacy Email: tregenthomas@opsmaint.com
Support Email: tregenthomas@opsmaint.com