Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Mugpire, LLC, a Wyoming limited liability company doing business as OppAction (“OppAction,” “Company,” “we,” “our,” or “us”), governing your access to and use of the OppAction platform, website, applications, APIs, integrations, AI systems, automation systems, analytics systems, developer tools, enterprise features, marketplaces integrations, software, and related services (collectively, the “Services”).
OppAction is an AI-powered ecommerce optimization and operational intelligence platform that currently supports or may later support:
AI-generated ecommerce optimization;
SEO optimization;
recommendation systems;
analytics dashboards;
predictive systems;
APIs;
automation workflows;
AI agents;
marketplace synchronization;
enterprise organizations;
orchestration systems;
delegated publishing systems;
developer ecosystems;
autonomous workflows;
advanced ecommerce infrastructure;
and related technologies and operational systems.
By accessing, registering for, connecting accounts to, integrating with, browsing, testing, subscribing to, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all incorporated policies and disclosures.
If you do not agree to these Terms, you must not access or use the Services.
1. Acceptance of Terms
By accessing or using the Services, you affirmatively acknowledge and agree that:
you have read and understood these Terms;
you agree to be legally bound by these Terms;
you agree to all incorporated policies and disclosures;
and you consent to electronic contracting and electronic communications.
These Terms expressly incorporate by reference:
the Privacy Policy;
Acceptable Use Policy;
AI & Automation Disclaimer;
Marketplace Disclaimer;
API Terms;
Beta Terms;
supplemental feature terms;
enterprise agreements;
operational policies;
and additional disclosures or notices provided through the Services.
Access to the Services is conditioned upon acceptance of these Terms and all incorporated policies.
OppAction may require:
clickwrap acceptance;
checkbox acknowledgments;
feature-specific consents;
API-specific acceptance;
enterprise-authority confirmations;
automation disclosures;
marketplace acknowledgments;
and updated re-acceptance workflows
before granting or continuing access to the Services.
OppAction may maintain and preserve records relating to assent and platform activity, including:
clickwrap records;
timestamps;
IP addresses;
browser metadata;
device metadata;
audit logs;
authentication records;
API records;
synchronization records;
workflow records;
automation records;
payment records;
and related operational or evidentiary data.
You acknowledge and agree that such records may be used as evidence of:
assent;
authorization;
acceptance;
operational activity;
instructions;
and platform interactions
to the maximum extent permitted by applicable law.
OppAction may update these Terms at any time.
For material changes, OppAction may require affirmative re-assent before continued use of all or portions of the Services.
Where legally permitted, continued use following an effective update may constitute acceptance of revised Terms.
If you are using the Services on behalf of a business or organization, you represent and warrant that you possess authority to bind such entity and its affiliates, users, employees, contractors, and agents to these Terms.
2. Eligibility Requirements
You represent and warrant that:
you are legally capable of entering into binding agreements;
you are authorized to use the Services;
you are not prohibited from using the Services under applicable law;
and your use of the Services complies with all applicable laws, regulations, and marketplace requirements.
If using the Services on behalf of an organization, you represent and warrant that you have authority to bind the organization and all associated users.
You are solely responsible for all activity conducted through:
your account;
enterprise organization;
integrations;
APIs;
automations;
AI agents;
synchronization systems;
connected marketplace accounts;
and delegated users.
You shall not use the Services for:
unlawful conduct;
deceptive practices;
fake reviews or endorsements;
marketplace manipulation;
counterfeit goods;
trademark infringement;
copyright infringement;
scraping;
model extraction;
API abuse;
credential misuse;
phishing;
spam;
unlawful automation;
or unauthorized surveillance or data harvesting.
OppAction may suspend, restrict, or terminate access based on:
legal risk;
regulatory exposure;
reputational concerns;
marketplace complaints;
AI misuse;
operational risk;
suspicious activity;
or suspected violations of these Terms.
Access to the Services is a limited, revocable privilege and not a guaranteed right.
3. Account Registration & Security
You are responsible for maintaining:
the confidentiality of credentials;
internal access controls;
enterprise permission governance;
supervision of delegated users;
supervision of AI agents and automations;
and lawful use of connected integrations and APIs.
All activity occurring under your account is presumed authorized by you unless clearly proven otherwise.
OppAction may rely upon:
audit logs;
authentication records;
IP addresses;
device metadata;
API records;
workflow logs;
synchronization logs;
and operational records
as evidence of activity, authorization, or instructions.
OppAction reserves the right to:
require MFA;
suspend accounts;
revoke integrations;
invalidate tokens;
disable automations;
preserve evidence;
and investigate suspicious activity.
OppAction is not responsible for:
credential theft;
phishing;
malware;
OAuth compromise;
third-party outages;
marketplace failures;
cloud failures;
revoked permissions;
or integration failures.
4. Subscription Plans, Billing & Payment Terms
Certain portions of the Services require payment of subscription fees, usage fees, overage fees, API fees, automation fees, AI consumption fees, or other charges.
You authorize OppAction and its payment processors to charge:
recurring subscription fees;
usage-based fees;
taxes;
overages;
penalties;
and chargeback-related costs where legally permitted.
Subscriptions may automatically renew unless canceled prior to renewal.
OppAction may:
modify pricing;
change quotas;
alter plan structures;
discontinue features;
restrict functionality;
suspend accounts for nonpayment;
throttle usage;
revoke API access;
or delete data after reasonable retention periods.
Except where required by law:
fees are non-refundable;
partial billing periods are non-refundable;
unused allocations are non-refundable;
and promotional credits have no cash value.
You are responsible for:
taxes;
VAT;
duties;
international payment obligations;
and lawful payment authorization.
5. License Grant & Permitted Use
Subject to these Terms, OppAction grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for authorized business purposes.
You shall not:
reverse engineer;
decompile;
disassemble;
scrape;
harvest;
benchmark;
replicate workflows;
train competing AI systems;
create derivative platforms;
perform model extraction;
perform prompt extraction;
circumvent safeguards;
or exploit APIs or outputs to compete with OppAction.
OppAction Materials, including:
prompts;
workflows;
scoring methodologies;
recommendation systems;
analytics methodologies;
orchestration systems;
APIs;
operational heuristics;
and interface structures
constitute proprietary confidential information and trade secrets.
OppAction reserves all rights not expressly granted.
6. Prohibited Uses & Restricted Activities
You shall not use the Services for:
deceptive trade practices;
fake reviews;
false endorsements;
misleading advertising;
marketplace manipulation;
counterfeit listings;
impersonation;
phishing;
spam;
scraping;
unlawful automation;
unlawful surveillance;
API abuse;
credential sharing;
AI-assisted unlawful conduct;
or circumvention of safeguards.
You are solely responsible for:
generated outputs;
marketplace activity;
delegated-user activity;
automation behavior;
synchronization actions;
AI-agent actions;
and connected integrations.
OppAction may:
monitor usage;
investigate activity;
preserve logs;
cooperate with regulators or marketplaces;
disable workflows;
revoke APIs;
suspend accounts;
or seek injunctive relief.
7. AI-Generated Content, Recommendations & Output Disclaimers
AI Outputs are probabilistic, heuristic-based, non-deterministic, machine-generated, and may:
be inaccurate;
be incomplete;
contain hallucinations;
be misleading;
be noncompliant;
be non-original;
resemble third-party content;
or produce inconsistent results.
OppAction does not provide:
legal advice;
trademark clearance;
copyright clearance;
compliance certifications;
SEO guarantees;
ranking guarantees;
marketplace approval guarantees;
revenue guarantees;
conversion guarantees;
or business advice.
Scores, recommendations, analytics, labels, confidence indicators, predictive outputs, and benchmarking systems are informational heuristic signals only.
Analytics do not establish causation.
Users are solely responsible for:
reviewing outputs;
publication decisions;
marketplace compliance;
legal compliance;
AI-agent supervision;
delegated workflows;
and automation oversight.
OppAction may modify:
AI models;
providers;
scoring systems;
workflows;
methodologies;
and outputs
at any time.
8. User Content, Marketplace Data & Inputs
You retain ownership of User Content.
You grant OppAction a worldwide, non-exclusive license to host, store, process, reproduce, analyze, transmit, synchronize, adapt, display, secure, and otherwise use User Content as reasonably necessary to operate and improve the Services.
You represent and warrant that:
you possess all necessary rights;
imported content is authorized;
uploaded media is lawful;
marketplace accounts are authorized;
and content does not infringe third-party rights.
OppAction may collect:
telemetry;
metadata;
audit logs;
analytics data;
operational data;
aggregated data;
and de-identified data.
Aggregated and De-identified Data are not User Content and may be used without restriction.
OppAction will not intentionally use non-public User Content to train generalized public-facing AI models without authorization.
However, OppAction may internally use operational and interaction data for:
debugging;
analytics;
abuse prevention;
workflow optimization;
QA;
AI safety;
operational improvement;
and infrastructure optimization.
9. Intellectual Property Rights
All rights, title, and interest in and to the Services and OppAction Materials remain exclusively owned by Mugpire, LLC and its licensors.
Protected materials include:
AI systems;
prompts;
workflows;
scoring methodologies;
analytics methodologies;
orchestration systems;
automation logic;
APIs;
interface structures;
operational heuristics;
metadata structures;
and related technologies.
These materials constitute proprietary technology, confidential information, and trade secrets.
No implied licenses are granted.
You shall not:
replicate workflows;
reverse engineer systems;
extract prompts;
train competing systems;
benchmark services;
harvest metadata;
or create derivative competitive products.
Unauthorized use may cause irreparable harm entitling OppAction to injunctive and equitable relief.
10. Third-Party Services, Integrations & Marketplace Platforms
The Services may integrate with Third-Party Services including:
marketplaces;
AI providers;
cloud providers;
APIs;
payment processors;
authentication systems;
analytics providers;
fulfillment providers;
advertising platforms;
and developer integrations.
Third-party providers operate independently from OppAction.
OppAction does not control:
provider policies;
APIs;
uptime;
pricing;
enforcement decisions;
security practices;
or operational continuity.
OppAction disclaims liability relating to:
marketplace suspensions;
rejected listings;
synchronization failures;
OAuth failures;
provider outages;
AI-provider changes;
API deprecations;
revoked permissions;
pricing changes;
and provider-side modifications.
OppAction may:
disable integrations;
revoke APIs;
discontinue provider support;
restrict workflows;
or throttle functionality
at any time.
11. Beta Features, Experimental Tools & Early Access Services
Beta Features are provided solely for testing and evaluation purposes.
Beta Features may:
be unstable;
contain bugs;
malfunction;
produce inaccurate outputs;
behave unpredictably;
corrupt data;
fail without notice;
create marketplace risk;
or never become commercially released.
Users assume all risks associated with:
automation use;
AI agents;
predictive systems;
synchronization systems;
delegated publishing;
and experimental APIs.
OppAction may:
revoke beta access;
disable functionality;
collect telemetry;
modify workflows;
impose quotas;
and analyze operational usage.
12. Termination, Suspension & Enforcement Rights
Access to the Services is limited, conditional, revocable, and discretionary.
OppAction may suspend, restrict, or terminate access based upon:
legal risk;
regulatory exposure;
AI misuse;
suspicious activity;
security threats;
automation abuse;
marketplace complaints;
provider restrictions;
sanctions concerns;
or operational risk.
OppAction may:
disable automations;
freeze workflows;
revoke APIs;
disconnect integrations;
throttle usage;
disable synchronization;
preserve logs;
investigate activity;
and cooperate with regulators or marketplaces.
Enforcement actions may be:
immediate;
temporary;
permanent;
partial;
feature-specific;
account-wide;
or organization-wide.
Termination does not relieve obligations relating to:
payment;
indemnification;
arbitration;
accrued liabilities;
or surviving restrictions.
13. Disclaimers of Warranties
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPPACTION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
COMPLETENESS;
LEGALITY;
SECURITY;
COMPATIBILITY;
INTEROPERABILITY;
MARKETPLACE ACCEPTANCE;
SEO PERFORMANCE;
REVENUE OUTCOMES;
PREDICTIVE ACCURACY;
OR UNINTERRUPTED AVAILABILITY.
AI systems are probabilistic and non-deterministic.
Outputs, analytics, recommendations, scores, automations, and workflows may contain errors, hallucinations, inconsistencies, delays, inaccuracies, or failures.
Users assume all risks associated with:
AI-assisted decision making;
marketplace synchronization;
delegated workflows;
automation systems;
predictive systems;
AI agents;
and third-party-provider dependencies.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPPACTION SHALL NOT BE LIABLE FOR:
LOST PROFITS;
LOST REVENUE;
LOST TRAFFIC;
LOST RANKINGS;
LOST MARKETPLACE VISIBILITY;
LOST CUSTOMERS;
BUSINESS INTERRUPTION;
REPUTATIONAL HARM;
GOODWILL LOSS;
DATA LOSS;
AUTOMATION FAILURES;
SYNCHRONIZATION FAILURES;
API FAILURES;
PROVIDER OUTAGES;
SECURITY INCIDENTS;
OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
These limitations apply regardless of legal theory and even if remedies fail of their essential purpose.
Users assume risks associated with:
AI outputs;
scoring systems;
recommendation engines;
analytics dashboards;
predictive systems;
AI agents;
automations;
APIs;
synchronization systems;
and delegated workflows.
Aggregate liability caps apply collectively across all claims and causes of action.
15. Indemnification
You agree to defend, indemnify, and hold harmless OppAction, Mugpire, LLC, affiliates, licensors, providers, officers, employees, contractors, and agents from and against any claims, liabilities, damages, investigations, penalties, losses, costs, and expenses arising out of or relating to:
use of the Services;
AI Outputs;
marketplace listings;
advertisements;
imported or synchronized content;
uploaded media;
prompts;
API usage;
automation workflows;
AI-agent activity;
synchronization systems;
enterprise/team activity;
or connected integrations.
This includes claims relating to:
trademark infringement;
copyright infringement;
false advertising;
deceptive trade practices;
FTC claims;
marketplace violations;
scraping;
spam;
privacy disputes;
and regulatory investigations.
OppAction may assume exclusive defense and control of any indemnified matter.
Indemnification obligations survive termination.
16. Dispute Resolution, Arbitration & Class Action Waiver
These Terms, the Services, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-laws principles.
The Federal Arbitration Act (“FAA”) shall govern the interpretation, enforcement, and all proceedings relating to arbitration under these Terms.
The exclusive seat and venue of arbitration shall be Teton County, Wyoming, unless otherwise required by applicable law.
To the extent any dispute is permitted to proceed in court rather than arbitration, or for purposes of enforcing arbitration awards, injunctive relief, equitable relief, temporary restraining orders, emergency relief, or disputes excluded from mandatory arbitration under these Terms, the parties irrevocably agree that such disputes shall be brought exclusively in the state courts located in Teton County, Wyoming, or the United States District Court for the District of Wyoming, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts.
You waive any objection based on lack of personal jurisdiction, improper venue, forum non conveniens, or similar doctrine.
ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under applicable AAA rules.
Before initiating arbitration, parties must complete a mandatory sixty (60) day informal dispute-resolution process.
YOU AND OPPACTION WAIVE:
JURY TRIALS;
CLASS ACTIONS;
REPRESENTATIVE ACTIONS;
MASS ACTIONS;
AND COLLECTIVE PROCEEDINGS.
Claims must be brought solely in an individual capacity.
OppAction retains rights to seek:
injunctive relief;
equitable relief;
emergency relief;
and operational restrictions
for:
IP misuse;
scraping;
API abuse;
automation abuse;
trade-secret misuse;
and security threats.
Electronic records, clickwrap records, audit logs, API records, timestamps, IP logs, and operational records may be used as admissible evidence.
17. Privacy, Security & Data Processing
OppAction may collect, process, preserve, analyze, aggregate, secure, and use:
User Content;
Usage Data;
Operational Data;
Telemetry;
Audit Logs;
Security Logs;
AI Interaction Data;
Metadata;
Analytics Data;
Aggregated Data;
and De-identified Data
as reasonably necessary to:
operate the Services;
improve systems;
detect abuse;
prevent fraud;
maintain security;
improve workflows;
conduct analytics;
optimize infrastructure;
preserve evidence;
and comply with law.
Aggregated and De-identified Data are not User Content.
OppAction may use such data without restriction.
OppAction does not guarantee absolute security.
Users are solely responsible for:
account security;
credential management;
delegated-user supervision;
AI-agent oversight;
automation governance;
and integration management.
OppAction may preserve logs, backups, operational records, analytics records, and evidentiary materials for operational, legal, governance, compliance, and security purposes.
18. Modifications to Services & Terms
OppAction may modify, suspend, throttle, restrict, discontinue, replace, or reconfigure any aspect of the Services at any time.
This includes:
AI systems;
AI providers;
scoring systems;
recommendation systems;
analytics systems;
APIs;
workflows;
automations;
synchronization systems;
orchestration systems;
enterprise functionality;
marketplace support;
pricing;
quotas;
and integrations.
OppAction does not guarantee:
backward compatibility;
workflow consistency;
API stability;
synchronization continuity;
feature persistence;
or provider continuity.
OppAction may require:
updated clickwrap acceptance;
affirmative re-assent;
feature-specific consent;
or enterprise reauthorization
for material changes.
Electronic records may be used as evidence of assent and operational activity.
19. Miscellaneous Legal Provisions
These Terms, together with incorporated policies and disclosures, constitute the entire agreement between the parties.
If any provision is deemed unenforceable, remaining provisions shall remain enforceable to the maximum extent permitted by law.
Failure to enforce any right shall not constitute waiver.
OppAction may assign these Terms in connection with:
mergers;
acquisitions;
financings;
restructurings;
affiliate transfers;
or platform sales.
OppAction shall not be liable for delays or failures caused by:
cloud outages;
infrastructure failures;
AI-provider disruptions;
marketplace outages;
cyberattacks;
regulatory actions;
sanctions;
or provider restrictions.
Electronic communications and electronic records satisfy legal writing requirements.
Audit logs, timestamps, clickstream records, API logs, automation logs, IP records, and metadata may be used as evidence.
Users shall comply with export-control and sanctions laws.
The relationship between the parties is solely that of independent contractors.
OppAction reserves all rights not expressly granted under these Terms.
Contact Information
Mugpire, LLC d/b/a OppAction
PO Box 2869
Jackson, WY 83001
legal@oppaction.com
www.oppaction.com