Date: January 13, 2026

1. Introduction; Agreement to Terms
   • These Terms of Use and Clickwrap Agreement (the “Terms”) govern your access to and use of the products, software, platforms, websites, and related services provided by TMG Solutions Advisors, LLC dba OpsIQ (“OpsIQ,” “we,” “us,” or “our”). By clicking “I Agree,” checking a box indicating acceptance, or accessing or using the Services, you agree to be bound by these Terms.
   • If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” and “your” refer to that entity. If you do not have such authority or do not agree to these Terms, do not accept and do not use the Services.
   • Additional terms may apply to specific features, products, modules, promotions, or beta offerings. Such additional terms are incorporated by reference and will control in the event of conflict with these Terms.

2. Definitions
   • “Account” means the registered account created by or for you to access the Services.
   • “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
   • “Authorized Users” means your employees, contractors, or agents you authorize to access the Services under your Account.
   • “Content” means text, data, information, software, code, audio, video, or other materials.
   • “Customer Data” means Content that you or your Authorized Users submit to or through the Services.
   • “Documentation” means OpsIQ’s user guides, policies, and materials describing the Services.
   • “Order” means the ordering document, online checkout, or similar instrument specifying the Services, subscription term, and pricing.
   • “Services” means the OpsIQ offerings identified in an Order and provided by OpsIQ, including any websites, platforms, software, APIs, and support.
   • “Subscription Term” means the period of authorized access to the Services set forth in an Order.

3. Clickwrap Consent; Electronic Communications
   • By selecting “I Agree,” checking a box, or otherwise electronically indicating consent, you enter into a legally binding agreement with OpsIQ. You consent to the use of electronic signatures and records.
   • You agree to receive notices, disclosures, and other communications electronically at the email associated with your Account or via in-Service notifications. You may withdraw consent by closing your Account and ceasing use of the Services.

4. Account Creation and Security
   • To use the Services, you must create an Account and provide current, accurate, and complete information. You agree to update your information as needed.
   • You are responsible for maintaining the confidentiality of Account credentials and for all activities under your Account. Notify OpsIQ immediately of any unauthorized use.
   • Authorized Users. You are responsible for the acts and omissions of Authorized Users and any use of the Services through your Account.
   • You represent that you are of legal age to enter into these Terms and are not barred from using the Services under applicable law.
5. Subscriptions; Fees; Taxes
   • Access to the Services is provided on a subscription basis as specified in the applicable Order.
   • You agree to pay all fees set forth in the Order. Unless stated otherwise, fees are non-refundable.
   • OpsIQ may modify pricing or features at renewal by providing notice at least 30 days prior to the end of the current Subscription Term.
6. Term; Renewal; Cancellation
   • These Terms commence on the date you accept them and continue for the Subscription Term specified in the Order.
   • Subscriptions automatically renew for successive periods equal to the expiring Subscription Term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.
   • You may cancel at the end of the current Subscription Term in accordance with Section 6.2. Early termination by you does not relieve payment obligations for the then-current term.
   • OpsIQ may suspend access to the Services for non-payment, for security reasons, or for violation of these Terms, upon notice where practicable.

7. Access Rights; License; Restrictions
   • Subject to these Terms and your payment of applicable fees, OpsIQ grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Term for your internal business purposes.
   • You will not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law; (c) circumvent or disable security or usage controls; (d) sell, rent, lease, or provide the Services to third parties other than Authorized Users; (e) use the Services to compete with OpsIQ or to build a similar service; (f) use the Services in violation of law or third-party rights; or (g) perform penetration testing or benchmarking except with prior written consent.
   • Third-Party Services. The Services may interoperate with third-party services. OpsIQ is not responsible for third-party services, and their use may be subject to separate terms.
8. Customer Data; Privacy; Security
   • As between the parties, you retain all rights in Customer Data. You grant OpsIQ a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data to provide and improve the Services, to prevent or address service or technical issues, and as otherwise required by law.
   • OpsIQ will handle personal data in accordance with its privacy notices and policies available at [link to Privacy Policy], which are incorporated by reference. Where required by law, a separate data processing agreement will apply [link to DPA or contact information].
   • OpsIQ will implement and maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data.
   • Data Export. During the Subscription Term, you may export Customer Data through available tools. After you cancel your Subscription, OpsIQ may delete or de-identify Customer Data, subject to legal retention obligations.
   • Anonymized Data. OpsIQ may generate and use de-identified or aggregated data derived from Customer Data for analytics, benchmarking, and improving the Services, provided such data does not identify you or any individual.
9. User Obligations; Acceptable Use
   • You will use the Services only in accordance with the Documentation, these Terms, and applicable laws.
   • You will not submit Customer Data that: (a) infringes intellectual property or privacy rights; (b) contains malicious code; (c) is unlawful, defamatory, or obscene; or (d) includes sensitive personal data except as expressly permitted in the Documentation or a data processing agreement.
   • You are responsible for obtaining and maintaining compatible devices, software, and internet access.
10. Compliance and Legal Requirements
    • You represent and warrant that your use of the Services will comply with all applicable laws, including data protection, anti-spam, export controls, and sanctions.
    • You will not export, re-export, or transfer the Services or related technical data in violation of applicable export or sanctions laws and will not permit access from embargoed countries or prohibited parties. You represent you are not a prohibited party.
    • Industry-Specific Rules. If you are subject to industry-specific regulations (e.g., healthcare, financial services, education), you are responsible for compliance unless OpsIQ has agreed in writing to support specific compliance frameworks.

11. Intellectual Property; Feedback
    • OpsIQ IP. OpsIQ and its licensors own all right, title, and interest in and to the Services, software, Documentation, and all related intellectual property. No rights are granted except as expressly stated.
    • If you provide feedback or suggestions, you grant OpsIQ a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the feedback without restriction.

12. Confidentiality
    • “Confidential Information” means non-public information disclosed by a party that is designated as confidential or that reasonably should be understood to be confidential, including product, technical, business, and Customer Data. Confidential Information excludes information that is: (a) publicly available without breach; (b) known to the recipient without confidentiality obligations; (c) independently developed; or (d) rightfully received from a third party without confidentiality obligations.
    • The recipient will use Confidential Information only to perform under these Terms and will protect it using at least reasonable care. The recipient may disclose Confidential Information to its Affiliates, employees, contractors, and advisors with a need to know and under confidentiality obligations no less protective.
    • Compelled Disclosure. The recipient may disclose Confidential Information to the extent required by law, provided it gives prompt notice and cooperates in seeking protective measures, where legally permitted.

13. Warranties; Disclaimers
    • Each party represents that it has the power and authority to enter into these Terms.
    • You represent that you have all necessary rights to submit Customer Data and to grant the rights in Section 8.1.
    • OpsIQ will provide the Services materially in accordance with the Documentation.
    • EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPSIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPSIQ DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.

14. Indemnification
    • By OpsIQ. OpsIQ will defend you against third-party claims alleging that the Services, as provided by OpsIQ and used by you in accordance with these Terms, infringe a third party’s intellectual property rights, and will pay the resulting damages and reasonable attorneys’ fees finally awarded or agreed in settlement. If such a claim arises, OpsIQ may: (a) modify the Services; (b) replace the Services; or (c) terminate the affected Services and refund prepaid, unused fees. OpsIQ has no obligations to the extent a claim arises from: (i) Customer Data; (ii) your use not in accordance with these Terms; (iii) combination with non-OpsIQ products; or (iv) modifications not made by OpsIQ.
    • By You. You will defend OpsIQ against third-party claims arising from Customer Data or your use of the Services in violation of these Terms or law, and will pay resulting damages and reasonable attorneys’ fees finally awarded or agreed in settlement.
    • The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation, and grant exclusive control of the defense and settlement, provided settlement cannot impose obligations or admit fault without consent.

15. Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, LOST PROFITS, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
    • EXCEPT FOR AMOUNTS PAYABLE UNDER SECTION 14, YOUR PAYMENT OBLIGATIONS, AND YOUR BREACH OF SECTION 7 OR 12, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.
    • OpsIQ has no liability for loss or corruption of data except to the extent caused by OpsIQ’s willful misconduct, and subject to the limitations above.

16. Service Availability; Support; Changes
    • OpsIQ will use commercially reasonable efforts to make the Services available, excluding scheduled maintenance and events beyond OpsIQ’s reasonable control.
    • OpsIQ will provide support as described in the applicable Order or support policy at [link to support policy].
    • OpsIQ may modify the Services or Documentation to improve user experience, performance, or security, or to comply with law. If a modification materially reduces core functionality, you may terminate the affected Services.

17. Beta Services
    • OpsIQ may offer alpha, beta, or preview features (“Beta Services”). Beta Services are provided for evaluation only, may be modified or discontinued at any time, and are provided “as is” without warranties or support. Your use is voluntary and at your risk.

18. Termination
    • For Cause. Either party may terminate these Terms or an affected Order upon written notice if the other party materially breaches and fails to cure within 30 days after notice.
    • Upon termination or expiration, your rights to access the Services cease. Sections that by their nature should survive will survive, including Sections 2, 7.2, 8, 11, 12, 13.4, 14, 15, 18.2, and 19–22.

19. Publicity
    • OpsIQ may identify you as a customer and use your name and logo in customer lists and marketing materials.You may revoke this permission by written notice.

20. Governing Law; Dispute Resolution
    • Governing Law. These Terms are governed by the laws of Charlotte, North Carolina, without regard to conflict of law rules.
    • The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Charlotte, North Carolina, for any disputes not subject to arbitration.
    • Any dispute arising out of or relating to these Terms will be resolved by binding arbitration in Charlotte, North Carolina, administered by AAA under its rules. The language of the arbitration will be English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in court for actual or threatened misuse of its Confidential Information or intellectual property.
    • Class Action Waiver; Jury Trial Waiver. To the maximum extent permitted by law, disputes will be conducted on an individual basis and not as a class, collective, or representative action, and the parties waive the right to a jury trial.

21. Miscellaneous
    • Order of Precedence. In case of conflict, the following order applies: (a) Order; (b) any addendum expressly incorporated; (c) these Terms; (d) Documentation.
    • Neither party may assign these Terms without the other party’s prior written consent, except to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee assumes all obligations. Any prohibited assignment is void.
    • Independent Contractors. The parties are independent contractors; no agency, partnership, or joint venture is created.
    • Notices must be in writing and deemed given when: (a) delivered by hand; (b) sent by recognized overnight courier; or (c) sent by email with confirmation, to the addresses in the Order or as updated in writing. Legal notices to OpsIQ: support@opsiq.biz and postal address: 7804 C Fairview Road, Charolette, NC 28226.
    • Force Majeure. Neither party is liable for delay or failure due to events beyond its reasonable control, including acts of God, labor disputes, government actions, failures of suppliers or utilities, or internet disturbances.
    • If any provision is held invalid, the remainder will remain in effect, and the invalid provision will be replaced by a valid provision that best reflects the parties’ intent.
    • Failure to enforce a provision is not a waiver of future enforcement.
    • Entire Agreement; Amendments. These Terms, together with the Order and incorporated policies, constitute the entire agreement and supersede prior agreements on the subject. Amendments must be in writing and executed by both parties, except OpsIQ may update these Terms as provided in Section 21.9.
    • Updates to Terms. OpsIQ may update these Terms by posting the updated version at [link to terms] and providing notice. Material changes will be effective 30 days after notice. Your continued use after the effective date constitutes acceptance.
    • S. Government End Users. The Services are “commercial products” and “commercial computer software.” Government end users acquire only those rights set forth in these Terms.
    • Headings; Interpretation. Headings are for convenience only. “Including” means “including without limitation.” References to “days” mean calendar days unless stated otherwise.
22. Contact Information; Legal Disclosures
    • OpsIQ Contact. TMG Solutions Advisors, LLC dba OpsIQ, 7804 C Fairview Road, Charlotte, NC 28226, email: support@opsiq.biz, phone: (855) 597-7373.
    • DMCA or Content Complaints. Notices of alleged infringement should be sent to support@opsiq.biz with: (a) identification of the copyrighted work; (b) identification of the material claimed to be infringing and information to locate it; (c) contact information; (d) a statement of good-faith belief; (e) a statement under penalty of perjury; and (f) a physical or electronic signature.
    • Consumer Disclosures. If you are a consumer, you may have rights under applicable laws that cannot be waived. Nothing in these Terms limits such non-waivable rights.
    • For accessibility assistance, contact support@opsiq.biz.

23. Acceptance

By clicking “I Agree,” creating an Account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and you consent to the processing of personal data as described in the Privacy Policy referenced herein.