CommunityOps Terms of Service
Last Updated: September 16, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 30 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 30.9, MOST DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
SECTION 12 DESCRIBES THE RETENTION RETAINER, WHICH RENEWS AUTOMATICALLY EVERY MONTH UNTIL YOU CANCEL.
1. Agreement; Who We Are; Definitions
1.1 Who we are. These Terms of Service (these "Terms") are a binding agreement between you and SRG Industries LLC, a Pennsylvania limited liability company doing business as "CommunityOps" ("CommunityOps," "we," "us," or "our"). CommunityOps is a trade name of SRG Industries LLC. We design, build, automate and support Discord servers and Whop stores for people and businesses that run paid online communities.
1.2 Who "you" are. "You" means the individual or business entity that uses the Site, joins the Community, claims the Free Audit, or buys or receives any Services. If you accept these Terms for a business, "you" means that business, and you confirm you are authorized to bind it.
1.3 How you accept. You accept these Terms when you do any of the following: check a box or click a button that refers to these Terms, complete a checkout for any of our products, claim the Free Audit, join the Community, confirm a Scope Confirmation, or otherwise use the Site, Community or Services. If you do not agree, do not use them.
1.4 Other documents that form part of these Terms. Our Privacy Policy and our Refund & Cancellation Policy are part of these Terms. Each Order (defined below) is also part of these Terms for the Services it covers.
1.5 Definitions. In these Terms:
- "Site" means communityops.io and any other website we operate that links to these Terms.
- "Community" means the free, public CommunityOps Discord server and any channels in it, including Private Channels.
- "Services" means everything we provide to you, free or paid, including the Free Audit, the Leak Fix, the Full Build, the Retention Retainer, Custom Apps, fixes, support and any other done-for-you work described in an Order.
- "Free Audit" means our free 24-Point Community Audit described in Section 10.
- "Leak Fix" means our one-time Leak Fix service, which installs failed-payment recovery and a welcome message for new members.
- "Full Build" means our done-for-you Whop and Discord build, sold at checkout as "The Day-7 Retention Engine."
- "Retention Retainer" or "Retainer" means our monthly support subscription described in Section 12.
- "Custom App" means a custom Whop app, extension or other custom software we build for you under a written quote, as described in Section 13.
- "Order" means the agreement for a specific paid Service, formed as described in Section 4.
- "Scope Confirmation" means the written description of what we will deliver for an Order, as confirmed by you and by us in your Private Channel.
- "Private Channel" means the private channel in the CommunityOps Discord that opens for you when you tap Claim Access in your Whop membership, or that we otherwise create for you. Only you, the people you add, and our team can see it.
- "Client Materials" means content, trademarks, logos, text, images, member lists, data, offers, pricing, instructions and other materials you (or anyone acting for you) provide to us or make available to us, including the content of your Discord server and Whop store.
- "Client Platforms" means the Discord servers, Whop companies and stores, and other third-party accounts you own or control and on which we perform Services.
- "Deliverables" means the accounts, bots, workflows, automations, server and store configurations, roles, channel structures, written runbooks, walkthrough videos, change lists, code and other work product we create specifically for you under an Order. Deliverables do not include Background IP or Third-Party Components.
- "Background IP" means the tools, templates, code, scripts, libraries, prompts, checklists, frameworks, methods, processes and know-how that we created or obtained before an Order or independently of it, and any improvements to them that are not specific to you.
- "Third-Party Components" means software, services, libraries, bots, templates and content owned by third parties, including open-source software and features of Third-Party Platforms.
- "Third-Party Platforms" means services we do not own or control, including Discord, Whop, Stripe and other payment processors, n8n, Make, Zapier, hosting providers, Google and Fiverr.
- "User Content" means messages, images, files, reviews and other content that anyone posts in the Community or submits to us.
- "Business Day" means Monday through Friday, excluding U.S. federal holidays, based on U.S. Eastern Time.
- "in writing" and "written" include messages posted in your Private Channel and email, as described in Section 26.
2. Eligibility and Authority
You must be at least eighteen (18) years old, or the age of majority where you live if that is higher, and able to form a binding contract. Our paid Services are designed for people and businesses buying for the purpose of running a business, such as a paid community, course, coaching program or similar venture. By buying Services, you confirm that you are buying them for that purpose unless you tell us otherwise before checkout. We may refuse Services to, or end access for, anyone we reasonably believe does not meet these requirements.
3. Our Services
3.1 What we offer. We currently offer the following Services. The product description shown at checkout and the Scope Confirmation (for Services that have one) describe each Service in more detail, and they control over this summary.
- Free Audit. A free review of your community, delivered as a score and your top three recommended fixes, or a launch plan if you do not have a server yet. See Section 10.
- Leak Fix. A one-time service that installs failed-payment recovery and a welcome message for new members, targeted for completion within 48 hours after we receive the access we need.
- Full Build. A done-for-you build of your Whop store and Discord server, including onboarding, failed-payment recovery, member roles and related automations, as set out in your Scope Confirmation. It is paid in two installments (Section 11.3) and targeted for completion in seven (7) Business Days (Section 8). Store and server setup is included if you do not have one yet.
- Retention Retainer. A month-to-month support subscription offered in tiers. See Section 12.
- Custom Apps. Custom Whop apps or extensions built under a fixed written quote and paid in milestones. See Section 13.
3.2 What is not included. Unless your Order expressly says otherwise, the Services do not include creating content for your community, moderation staffing, paid advertising, legal, tax or accounting work, or any custom app or custom software.
3.3 Changes to our offerings. We may add, change or stop offering any Service, or change prices for future purchases, at any time. Changes do not affect an Order already formed, except as described in Section 12 for Retainer renewals and Section 32.
4. How an Order Is Formed
4.1 Checkout. An Order for a paid Service is formed when you complete checkout on Whop (or accept a written quote, for a Custom App). The Order consists of: (a) the product and plan description shown at checkout; (b) for the Full Build, and for any other Service where we tell you a scope will be confirmed, the Scope Confirmation; (c) for a Custom App, the written quote you accept; and (d) these Terms.
4.2 Scope Confirmation. For the Full Build, we aim to reply in your Private Channel within one (1) Business Day after you tap Claim Access, to confirm the scope and the access we need. We do not start build work until you and we have both confirmed the scope in writing in your Private Channel. If we cannot agree on the scope before work starts, your kickoff payment will be refunded in full, as described in the Refund & Cancellation Policy.
4.3 Order of precedence. If there is a conflict: (a) the Scope Confirmation or accepted quote controls on what we will deliver; (b) the checkout description controls on the price and payment schedule; and (c) these Terms control on everything else, unless a Scope Confirmation expressly states, and both parties confirm in writing, that it changes a specific Section of these Terms for that Order.
4.4 Founding pricing. Founding pricing for the Full Build, where offered, is limited to the number of founding spots shown at checkout, as counted by Whop. Founding pricing applies only to the Order in which you bought it and does not guarantee any price for future purchases.
5. Client Responsibilities
Our ability to deliver on time depends on you. You agree to do the following:
5.1 Intake and feedback. Answer our intake questions within twenty-four (24) hours after we send them, and respond to our questions and approval requests promptly. Our timelines assume you do. If you respond later, timelines extend as described in Section 8.
5.2 Access, never passwords. Give us the access we reasonably need, using temporary Discord roles (which, for some Services, may include an administrator role) and Whop team seats, or equivalent delegated access on other Third-Party Platforms. We will never ask for your passwords, and you must not send them to us. If you send us a password, recovery code or similar credential, we may delete the message and ask you to change the credential, and we are not responsible for any consequence of your sharing it. Please keep two-factor authentication turned on for your accounts.
5.3 Rights in your materials. You confirm that you own or have all rights, licenses and permissions needed to provide the Client Materials and to let us access and work on the Client Platforms, including any personal information of your members or customers, and that our use of them as permitted by these Terms will not violate any law or anyone's rights.
5.4 Backups. Before we start work, and throughout the Services, you are responsible for keeping your own backups and exports of anything you want to keep, including your Discord server content and settings, member lists, Whop products and pricing, and any data held in Client Platforms. We build carefully and use staging where practicable, but Third-Party Platforms can fail and we are not responsible for restoring data you did not back up.
5.5 Accurate information and a decision-maker. Give us accurate and complete information, and tell us who can approve work for you. We may rely on approvals given in your Private Channel by you or by anyone you have added to it.
5.6 Your business and your members. You are solely responsible for your community, your offers, prices, marketing claims, refund policies to your own members, taxes, the content posted in your community, and your compliance with laws and with the terms and policies of Third-Party Platforms. That includes giving your members any notices and obtaining any consents that the law requires for the systems we build for you (for example, automated messages).
5.7 Platform fees. Unless your Order says otherwise, you are responsible for paying any fees charged by Third-Party Platforms for your accounts, including Whop fees, automation-tool plans and hosting costs.
6. Delivery: Staging, Approvals, Go-Live and Acceptance
6.1 Staging. Where practicable, we build and test in a staging area (for example, hidden channels, test roles or test products) so your live community keeps working.
6.2 Written approval before live changes. We will not delete anything from, or switch anything on in, your live community without your written approval.
6.3 Updates. During a Full Build, we aim to post a progress update in your Private Channel at least every second Business Day.
6.4 Go-Live Checklist and acceptance. When the Full Build is ready, we give you a go-live checklist in your Private Channel (the "Go-Live Checklist"). You may either approve it in writing or send us a written list of specific items that do not match the Scope Confirmation. If you send a list, we will correct those items and resubmit the checklist. Your written approval of the Go-Live Checklist is your acceptance of the Full Build. We then switch the approved items on, and the "Go-Live Date" is the date we finish doing so.
6.5 Deemed acceptance. If we deliver the Go-Live Checklist and, within fourteen (14) days after delivery, you neither approve it nor send us a written list of specific items that do not match the Scope Confirmation, and we have sent you at least two (2) written reminders during that period, then the Go-Live Checklist is deemed approved at the end of that fourteen-day period ("Deemed Acceptance"). On Deemed Acceptance: (a) the second installment becomes due; (b) the Deemed Acceptance date is treated as the Go-Live Date for the fix window and the money-back guarantee; and (c) we still will not switch anything on in your live community until you approve it in writing, and we will do so when you approve it.
6.6 Handover. At handover we remove our access to your Client Platforms and give you a written list of the changes we made. For the Full Build, handover also includes a walkthrough video and a written runbook. You are responsible for confirming that our access has been removed and for managing your accounts after handover.
6.7 Other Services. For the Leak Fix, a Retainer request or a Custom App milestone, we tell you in your Private Channel when the work is delivered. Unless you tell us in writing within seven (7) days that the work does not match what was ordered, it is accepted.
7. Change Requests
Anything outside the Scope Confirmation or accepted quote is a change request. We will tell you whether a request is outside scope and, if we can do it, give you a separate written quote and any effect on the timeline. We have no obligation to do out-of-scope work until you accept the quote in writing and pay any amount due. Small clarifications that do not add work are not change requests.
8. Timelines
All timelines, including "7 business days," "48 hours" and response times, are good-faith estimates, not guarantees. Timelines start when the relevant Order is formed, the scope (if any) is confirmed, and we have the access we need. They extend by any time we spend waiting for your answers, access, content or approvals, and by delays caused by Third-Party Platforms or events described in Section 33.5. A missed estimate does not by itself entitle you to a refund or damages, but it does not affect your rights under the money-back guarantees in the Refund & Cancellation Policy.
9. Fix Windows
9.1 What is covered. For the Full Build, we fix defects in the Deliverables for thirty (30) days after the Go-Live Date (the "fix window"), and we aim to respond to fix requests within 48 hours. Other Services include a fix window only if the checkout description or Scope Confirmation says so. A "defect" means a Deliverable that does not work as described in the Scope Confirmation.
9.2 What is not covered. The fix window does not cover: new features or changes in scope; problems caused by changes made by you or anyone other than us; changes, outages or policy enforcement by Third-Party Platforms; Client Materials; or issues reported after the fix window ends. We may still help with these under a change request or a Retainer.
10. The Free Audit
10.1 What it is. The Free Audit is free. There is nothing to pay and no obligation to buy anything. We aim to deliver it within 48 hours after we are able to join your server, as a score and your top three recommended fixes, or a launch plan if you do not have a server. We usually deliver it in your Private Channel, or by a Whop message if you are not on our Discord.
10.2 How we observe your server. To audit your server, we join it using a normal invite you provide, as a regular member would. We do not need or ask for administrator access, and we do not post in your server or message your members. We may take screenshots of what a regular member can see. We keep screenshots privately and delete them as described in our Privacy Policy. Our audit account leaves your server after we deliver the report.
10.3 Your permission. By giving us an invite for an audit, you confirm that you own or manage the server, or are authorized by its owner to invite us, and that our joining it as a regular member does not violate the server's rules.
10.4 Informational only. The audit report is our opinion, based on what a regular member can see at the time. It is provided for information only and "as is." It is not legal, financial or other professional advice, it may not identify every issue, and it is not a promise that any recommendation will produce any result. You decide whether and how to act on it.
11. Fees, Payments and Taxes
11.1 Whop processes payments. All payments for Services bought on our Whop store are processed by Whop and its payment processors. Whop's own terms and privacy policy also apply to your purchase. We do not receive or store your full payment card number.
11.2 Prices. You agree to pay the price shown at checkout, or in the accepted quote, for each Order.
11.3 Full Build payments. The Full Build is paid in two equal installments: fifty percent (50%) at kickoff when you check out, and fifty percent (50%) after you approve the Go-Live Checklist (or on Deemed Acceptance under Section 6.5). We send the second installment through a Whop checkout link or invoice. If the second installment is not paid within fourteen (14) days after it becomes due, we may pause the fix window and any remaining work until it is paid.
11.4 Leak Fix credit. Where our Site or checkout says so, if you buy the Leak Fix and then buy a Full Build within thirty (30) days, the Leak Fix price is credited toward the Full Build.
11.5 Taxes. Prices do not include taxes unless stated. Sales tax or other taxes may apply to your purchase based on your location, and Whop may calculate and collect them at checkout. You are responsible for all taxes on your purchase other than taxes on our income.
11.6 No other payment methods. We do not accept payment by direct transfer, cryptocurrency or any method outside Whop for Services sold on our Whop store unless we agree in writing.
12. Retention Retainer: Subscription and Automatic Renewal
12.1 The subscription. The Retainer is a monthly subscription. Each tier, its price and what it includes (for example, the number of changes per month and support response targets) are shown at checkout. A Full Build is not required to buy a Retainer.
12.2 AUTOMATIC RENEWAL. THE RETAINER RENEWS AUTOMATICALLY EVERY MONTH. UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT MONTHLY BILLING PERIOD, WHOP WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT MONTHLY PRICE FOR YOUR TIER, PLUS ANY APPLICABLE TAXES, AT THE START OF EACH NEW BILLING PERIOD, UNTIL YOU CANCEL. The price, billing frequency and how to cancel are shown at checkout before you pay. By buying the Retainer, you authorize these recurring charges.
12.3 How to cancel. You can cancel at any time from your Whop account (in your Whop membership settings). If you have trouble cancelling, tell us in your Private Channel or email support@communityops.io and we will help, but your cancellation through Whop is what stops future charges. Cancellation takes effect at the end of your current paid billing period. You keep access to Retainer support through the end of that period, and you are not charged again. We do not give refunds for partial months unless the law requires it. You keep everything we built for you.
12.4 Tier changes and unused requests. A change to a different tier takes effect at your next renewal. Unused changes, hours or other monthly allowances do not roll over to the next month and have no cash value.
12.5 Price changes. We may change the Retainer price. We will give you written notice at least thirty (30) days before a new price applies to you, and it will apply only from a renewal date after that notice period. If you do not want to pay the new price, you may cancel before it takes effect.
12.6 Failed renewals. If a renewal payment fails, Whop may retry the payment and may pause or cancel your subscription under its own process. We may pause Retainer work while a payment is outstanding.
13. Custom Whop Apps and Extensions
13.1 Quote and milestones. Custom Apps are built under a fixed written quote that lists the milestones, what each milestone delivers, and the price of each. You pay each milestone after we deliver that stage, through a Whop checkout link or invoice.
13.2 Milestone acceptance. When we deliver a milestone, you may accept it or tell us in writing within seven (7) days what does not match the quote. If you do neither, the milestone is accepted.
13.3 Code and intellectual property. The code and intellectual property in a Custom App transfer to you at handover, after you pay the final milestone, as described in Section 17.4. If the project stops before the final milestone for any reason, you receive the code for each milestone you have paid for, and no further milestones are charged.
13.4 Platform approval and hosting. Some Custom Apps depend on approval, listing or review by Whop or another Third-Party Platform, and on hosting or API access. We do not control and cannot guarantee those decisions. Unless your quote says otherwise, hosting, API and platform fees are your responsibility, and ongoing maintenance after handover is not included.
13.5 Third-Party Components. Custom Apps may include open-source and other Third-Party Components, which are licensed to you under their own licenses, not under these Terms.
14. Refunds and Money-Back Guarantees
Refunds, cancellations and our money-back guarantees are governed by our Refund & Cancellation Policy, which is part of these Terms. Our guarantees apply exactly as stated there. Except as stated in that policy, or where the law requires a refund, all payments are final. Nothing in these Terms limits any refund right you have under applicable law that cannot be waived.
15. Chargebacks and Payment Disputes
15.1 Talk to us first. If you think you were charged in error, or you want to use a money-back guarantee, please contact us first in your Private Channel or at support@communityops.io. Guarantee refunds are usually faster than a chargeback, and we will work with you in good faith to resolve the issue.
15.2 Your rights. Nothing in these Terms limits any right you have under law or your agreement with your card issuer to dispute a charge.
15.3 Our response. We may contest a chargeback or payment dispute that we believe in good faith is not valid, and we may provide the payment processor with records such as your checkout, the Scope Confirmation, your written approvals, delivery messages and these Terms. If a chargeback is filed for an amount we have already refunded, or if we determine in good faith that a chargeback was fraudulent or abusive, we may suspend or stop Services, decline future orders from you, and seek to recover amounts owed where permitted by law. Filing a chargeback and receiving a refund for the same amount is not permitted.
15.4 Whop's process. Your purchase is also subject to Whop's own dispute and refund processes. A refund Whop issues under its own authority does not change our Refund & Cancellation Policy for any other purchase.
16. No Guarantee of Results; No Professional Advice
16.1 No results guarantee. We build systems. We do not promise or guarantee any revenue, sales, number of members, engagement, retention, recovered payments or other business result. Examples, case studies, reviews and descriptions of our own builds show what we built or what others experienced. They are not typical results or projections of your results. Your results depend on your community, offer, pricing, audience, effort and many things outside our control. Our only guarantees are the money-back guarantees stated in the Refund & Cancellation Policy.
16.2 No professional advice. Our Services, recommendations and audit reports are not legal, tax, accounting, financial, securities or other professional advice. Some communities, such as trading, signals or betting communities, may be subject to specific laws and platform rules. You are responsible for getting your own professional advice about your business and its compliance.
17. Intellectual Property
17.1 Your materials. You keep all rights in your Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify and display the Client Materials only as needed to perform the Services for you and to meet our legal obligations.
17.2 You own the Deliverables. Upon payment of the fees for the relevant Order (or, for a Custom App, as described in Section 17.4), you own the Deliverables, including every account, bot and workflow we build for you, and we assign to you all of our right, title and interest in them. Until those fees are paid, you have a non-exclusive license to use the Deliverables to operate your community. Where a Third-Party Platform allows it, we create accounts, bots and workflows in accounts you own or control. If we have to create something under an account we control, we will transfer it to you at handover where the platform allows, or give you instructions to set it up under your own account.
17.3 Our Background IP. We keep all rights in our Background IP, and nothing in these Terms transfers it to you. To the extent any Background IP is embedded in a Deliverable, we grant you a non-exclusive, perpetual, worldwide, royalty-free license to use, copy and modify that Background IP as part of that Deliverable, for your own business. This license transfers with the Deliverable if you sell or transfer the business or community it was built for. You may not sell, license or distribute our Background IP on its own, for example as a template, bot or product for others.
17.4 Custom Apps. For a Custom App, the code and intellectual property in the Deliverables (excluding Background IP and Third-Party Components) transfer to you at handover, after you pay the final milestone. If the project stops earlier, the code and intellectual property for each milestone you have paid for transfer to you on payment of that milestone. Background IP embedded in the Custom App is licensed to you under Section 17.3.
17.5 Third-Party Components. Third-Party Components remain owned by their owners and are subject to their own licenses and terms.
17.6 Portfolio and case studies. We will not name you, show your community, use your logo, or publish screenshots, results or a case study about your project without your written permission. You may withdraw that permission for future uses at any time by telling us in writing.
17.7 Our skills and similar work. You understand that we build similar systems for other clients. Nothing in these Terms prevents us from using our general skills, knowledge and experience, or our Background IP, to do work for others, as long as we do not use your Confidential Information or Deliverables that belong to you.
17.8 Our brand and Site. The CommunityOps name and logo, the Site, and the content we publish on the Site and in the Community (other than User Content) are owned by us or our licensors. We grant you a limited, revocable, non-exclusive license to view and use them for your personal or internal business use. You may not copy, republish or sell them, or use our name or logo in a way that suggests we endorse you, without our written permission.
17.9 Feedback. If you give us suggestions or feedback about our Services, we may use them without restriction or payment to you. This does not give us any rights in your Confidential Information or Client Materials.
18. Confidentiality and Client Member Data
18.1 Confidential Information. "Confidential Information" means non-public information that one party (the "discloser") shares with the other (the "recipient") in connection with the Services, that is marked or described as confidential or that a reasonable person would understand to be confidential. For you, this includes your revenue, member data, community strategy, unreleased offers and access details. For us, this includes our non-public pricing, processes, code and Background IP. Confidential Information does not include information that: (a) is or becomes public through no fault of the recipient; (b) the recipient already knew without a duty of confidentiality; (c) the recipient receives from a third party without a duty of confidentiality; or (d) the recipient develops independently without using the discloser's Confidential Information.
18.2 Obligations. The recipient will: (a) use the discloser's Confidential Information only to perform or receive the Services; (b) protect it with at least reasonable care; and (c) disclose it only to its owners, personnel, contractors and professional advisers who need to know it and are bound by confidentiality obligations at least as protective as these. The recipient may disclose Confidential Information if required by law or legal process, after giving the discloser prompt notice where legally allowed, so the discloser can seek protection.
18.3 Duration and return. These obligations last during the Services and for three (3) years after they end, and for as long as the information remains a trade secret or personal information protected by law. When the Services end, and on written request, the recipient will delete or return the discloser's Confidential Information, except for copies kept under the retention periods in our Privacy Policy, in routine backups, or as required by law, which remain protected under this Section.
18.4 Client Member Data. In performing Services, we may access personal information about your members or customers that is held in your Client Platforms ("Member Data"). We process Member Data on your behalf, as your service provider, and only to perform the Services you ordered. We will: (a) not sell or share Member Data, or use it for our own marketing or for any purpose outside our business relationship with you; (b) limit access to personnel and contractors who need it; (c) use reasonable security measures; (d) tell you without undue delay after we confirm a security incident affecting Member Data; and (e) avoid making copies of Member Data outside your Client Platforms except as needed to perform the Services. You are responsible for your own privacy notices to your members and for having a lawful basis for the processing. If a law that applies to you requires a separate data processing agreement, we will consider entering into one on reasonable terms on request.
19. Third-Party Platforms
19.1 Not in our control. The Services are built on and depend on Third-Party Platforms, including Discord, Whop, Stripe and other payment processors, n8n, Make and Zapier. We do not own or control them, and we are not affiliated with, endorsed by or sponsored by any of them. Their terms, policies, fees, features, APIs, availability and enforcement decisions are outside our control and can change at any time.
19.2 Your relationship with them. Your use of each Third-Party Platform is governed by your agreement with that platform. You are responsible for complying with those terms, and for any action a platform takes against your accounts, including suspensions, payout holds or removals, unless it was caused by our breach of these Terms.
19.3 Changes and outages. We build with Third-Party Platforms as they work when we deliver. We are not responsible for failures, outages, data loss, or loss of functionality caused by a Third-Party Platform, or by a change it makes after delivery. Updating Deliverables for later platform changes is available through a Retainer or a change request.
19.4 Links. The Site and Community may link to third-party sites. We are not responsible for their content or practices.
20. Acceptable Use; Work We Will Not Do
20.1 Work we will not do. We do not build for, and you may not use our Services for: (a) illegal content or activity; (b) content that sexualizes minors; (c) hate groups, or content that promotes violence or hatred against people based on protected characteristics; or (d) scams, fraud, or deceptive schemes, including fake engagement or purchased members presented as real.
20.2 Declining or stopping work. We may decline an Order, or stop work on an Order at any time, if we reasonably believe it involves anything in Section 20.1, or that continuing would require us to violate the law or the terms of a Third-Party Platform. If we stop work for these reasons, we will refund amounts you paid for work we have not delivered, as described in the Refund & Cancellation Policy, and that refund replaces the money-back guarantee for that Order.
20.3 Use of the Site, Community and Services. You agree not to: (a) break any law or anyone's rights; (b) harass, threaten, dox, impersonate or defame anyone; (c) post spam, unsolicited advertising or malware; (d) try to gain unauthorized access to, disrupt, overload or scrape the Site, the Community, our bots or our systems; (e) reverse engineer our bots or Background IP except where the law allows it despite this restriction; (f) use our Services to violate the terms of a Third-Party Platform; or (g) abuse, threaten or harass our team.
21. The CommunityOps Discord Community; User Content; Reviews
21.1 Open to everyone. The Community is free and open, whether or not you buy anything. Your use of it is also governed by Discord's terms and the Community rules posted in the server. We may moderate, remove content, time out, or remove anyone from the Community for violating these Terms or the Community rules, at our reasonable discretion.
21.2 Your User Content. You are responsible for the User Content you post. User Content reflects the views of its author, not ours, and we do not verify it. Do not rely on User Content as professional advice.
21.3 License to us. You keep ownership of your User Content. By posting User Content in the Community, you grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, display and share it, and to make technical changes needed to display it, solely for the purpose of operating and promoting the Community. This license lasts for as long as the User Content remains in the Community, plus a reasonable period for removal from backups and from promotional material already published. We will not use your name, image or User Content in paid advertising, or on the Site as a testimonial, without your permission.
21.4 Reviews. If you publish a review of us on Whop with a rating of four (4) or five (5) stars, we may repost the review text and star rating in the #reviews channel of the Community, with your first name only. We do not edit the meaning of reviews, and we do not offer anything in exchange for positive reviews. To have your review removed from our channel, tell us in a ticket or at support@communityops.io.
21.5 Private Channels and tickets. Private Channels and tickets are visible to you, the people you add, and our team. Do not post passwords or payment card details in them. Ticket transcripts are handled as described in our Privacy Policy.
22. Copyright Policy (DMCA)
We respect intellectual property rights. If you believe content in the Community or on the Site infringes your copyright, send a notice to our designated agent under the Digital Millennium Copyright Act that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and information reasonably sufficient for us to locate it; (d) your name, address, telephone number and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
Designated Agent: SRG Industries LLC (doing business as CommunityOps), Attn: Copyright Agent, 2072 Stagecoach Drive, South Park, PA 15129. Email: support@communityops.io.
If you believe material you posted was removed by mistake or misidentification, you may send a counter-notification that meets the requirements of 17 U.S.C. § 512(g)(3). We will remove, in appropriate circumstances, the access of users who are repeat infringers.
23. Orders Placed on Fiverr
If you buy from us on Fiverr, Fiverr's Terms of Service, policies and resolution process govern that order, including payment, delivery, revisions, cancellations, refunds and disputes. Our Refund & Cancellation Policy does not apply to Fiverr orders. To the extent Fiverr's terms allow and do not conflict, Sections 16, 17, 18, 19 and 20 of these Terms also apply to work we deliver through Fiverr. If you later buy Services from us on Whop, these Terms apply to those purchases.
24. Independent Contractor Relationship
We provide the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us. Neither party may bind the other. We decide how to perform the Services, and we may use employees, contractors and software tools to perform them. We are responsible for the work of anyone we engage, and they are bound by confidentiality obligations consistent with Section 18.
25. Term, Suspension and Termination
25.1 Term. These Terms apply while you use the Site, the Community or the Services. Each Order lasts until the Services under it are delivered and any fix window ends, or, for the Retainer, until the end of the billing period in which you cancel.
25.2 Termination for breach. Either party may terminate an Order by written notice if the other party materially breaches these Terms and does not cure the breach within ten (10) days after receiving written notice describing it.
25.3 Suspension or termination by us. We may suspend or end your access to the Site, the Community or any Services, with or without notice, if: (a) you breach Section 5.2, 20 or 21, or fail to pay amounts due; (b) you engage in conduct we reasonably believe is fraudulent, abusive, unlawful or harmful to us, our team or others; (c) required by law or by a Third-Party Platform; or (d) we stop offering the Service, in which case we refund amounts you paid for work we have not delivered.
25.4 Cancellation by you. You may cancel the Retainer as described in Section 12.3. Cancellation of a Full Build or Custom App is handled under the Refund & Cancellation Policy.
25.5 Effect of termination. When an Order ends for any reason: (a) we remove our access to your Client Platforms and give you a written list of changes we made; (b) you keep the Deliverables you have paid for under Section 17; (c) amounts already due remain due, except as the Refund & Cancellation Policy provides; and (d) Sections 11, 14 through 18, 21.3, 22, 24, 25.5 and 27 through 33 survive.
26. Electronic Communications
26.1 Consent. You agree that we may communicate with you electronically, including in your Private Channel, through Discord messages from our bot or team, through Whop messages, and by email to the address on your Whop account. You agree that agreements, notices, approvals, disclosures and other communications we provide electronically satisfy any requirement that they be in writing.
26.2 Approvals in your Private Channel. A message posted in your Private Channel from your Discord account, or from anyone you have added to your Private Channel, is a written communication from you. You are responsible for who you add to your Private Channel and for the security of your Discord account.
26.3 Text messages. We do not currently send text messages. If we offer them in the future, we will ask for your express consent first, consent will not be a condition of purchase, and you will be able to opt out at any time.
26.4 Keeping your details current. You are responsible for keeping your email address in Whop current and for checking your Private Channel during active Orders.
27. Limited Service Warranty; Disclaimer of Warranties
27.1 Limited service warranty. We will perform paid Services in a professional and workmanlike manner consistent with generally accepted industry standards for similar services. If we breach this warranty, your remedy is for us to re-perform or fix the non-conforming Services under the fix window (where one applies), or, if we cannot, the refunds described in the Refund & Cancellation Policy.
27.2 Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 27.1 AND OUR MONEY-BACK GUARANTEES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE COMMUNITY, THE FREE AUDIT, THE SERVICES, THE DELIVERABLES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL CONTINUE TO WORK AFTER CHANGES BY THIRD-PARTY PLATFORMS, OR WILL PRODUCE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, THOSE WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION THE LAW PERMITS.
28. Limitation of Liability
28.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, MEMBERS, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
28.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE COMMUNITY AND THE SERVICES, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
28.3 Exceptions. Section 28.1 does not apply to your obligation to pay fees, to either party's indemnification obligations under Section 29 (although our indemnification obligations remain subject to Section 28.2), or to your infringement or misuse of our intellectual property. This Section does not limit our obligation to pay refunds that are due under the Refund & Cancellation Policy. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH A LIMITATION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.
28.4 Basis of the bargain. You understand that our prices reflect the allocation of risk in Sections 27, 28 and 29, and that these limits apply even if a limited remedy fails of its essential purpose.
29. Indemnification
29.1 By you. You will defend, indemnify and hold harmless SRG Industries LLC and its owners, members, managers, employees, contractors and agents from and against any third-party claim, and the resulting losses, damages, liabilities, fines, costs and reasonable attorneys' fees, arising out of or relating to: (a) your Client Materials, including any claim that they infringe or violate someone's rights; (b) your community, offers, products, pricing, marketing claims and dealings with your members or customers; (c) your compliance, or failure to comply, with the terms and policies of Third-Party Platforms; (d) your violation of law or of these Terms; or (e) instructions you gave us that we followed.
29.2 By us. We will defend, indemnify and hold you harmless from and against any third-party claim, and the resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in settlement, alleging that a Deliverable, as delivered by us, infringes a United States copyright or trademark or misappropriates a trade secret of that third party. We have no obligation for claims arising from: (a) Client Materials; (b) Third-Party Components or Third-Party Platforms; (c) changes made by anyone other than us; (d) use of a Deliverable in combination with anything we did not provide, where the claim would not exist without the combination; or (e) your continued use after we offered a non-infringing alternative. If a Deliverable is, or we believe it may be, subject to such a claim, we may, at our option and expense, modify it so it is non-infringing, obtain the right for you to keep using it, or, if neither is reasonably possible, remove it and refund the fees you paid for the affected Deliverable. Our total obligations under this Section 29.2 are subject to the cap in Section 28.2. This Section states our entire obligation for third-party intellectual property claims.
29.3 Process. The party seeking indemnity will: (a) give the other party prompt written notice of the claim (a delay only reduces the indemnifying party's obligations to the extent it is harmed by the delay); (b) let the indemnifying party control the defense and settlement; and (c) give reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle a claim in a way that admits fault by, or imposes obligations (other than payment covered by the indemnity) on, the other party without that party's written consent, which will not be unreasonably withheld. The indemnified party may take part in the defense with its own counsel at its own expense.
30. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. YOU MAY OPT OUT AS DESCRIBED IN SECTION 30.9.
30.1 Talk to us first. Most concerns can be fixed quickly in your Private Channel. Before starting arbitration or a court case, you and we each agree to try to resolve any dispute, claim or controversy arising out of or relating to these Terms, the Site, the Community or the Services (a "Dispute") informally. The party raising the Dispute must send the other a written notice describing the Dispute and the relief requested (a "Dispute Notice"). Send Dispute Notices to us at support@communityops.io and 2072 Stagecoach Drive, South Park, PA 15129; we will send them to the email address on your Whop account. The parties will negotiate in good faith, including by video call if either party asks, for thirty (30) days after the Dispute Notice is received. This process must be completed before starting arbitration or litigation, and any limitations period is paused while it is ongoing.
30.2 Agreement to arbitrate. Except as provided in Section 30.4, you and we agree that any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms, will be resolved only by final and binding arbitration on an individual basis, not in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following.
30.3 Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under the rules in effect when the arbitration is filed, as modified by this Section 30 (the "AAA Rules"). If you are an individual who bought or used the Services primarily for personal, family or household purposes, the AAA Consumer Arbitration Rules apply. Otherwise, the AAA Commercial Arbitration Rules apply. The AAA Rules are available at www.adr.org. The arbitration will be held before a single arbitrator, in English. Unless the parties agree otherwise, the arbitrator may conduct proceedings by videoconference or on written submissions. Any in-person hearing will take place in the county where you live if the AAA Consumer Arbitration Rules apply, and otherwise in Allegheny County, Pennsylvania. Payment of filing, administration and arbitrator fees is governed by the AAA Rules, and we will pay fees where the AAA Rules or applicable law require us to. The arbitrator may award the same individual relief a court could award, including statutory damages and attorneys' fees where the law allows, and must issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.
30.4 Exceptions. Despite Section 30.2: (a) either party may bring an individual claim in small claims court (including, for you, the small claims court serving the county where you live), as long as the claim stays in small claims court; and (b) either party may seek temporary, preliminary or permanent injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, or to stop unauthorized access to its systems or accounts, without first completing Section 30.1 and without waiving the right to arbitrate all other parts of the Dispute.
30.5 Delegation. The arbitrator, and not any court, has exclusive authority to decide any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that only a court may decide disputes about the Class Action Waiver in Section 30.6 and the mass arbitration process in Section 30.7.
30.6 Class action and jury trial waiver. YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW. If a court decides that this Class Action Waiver is unenforceable for a particular Dispute or request for relief, then that Dispute or request for relief (and only that one) will be severed from the arbitration and decided in court under Section 31, the rest of the Dispute will proceed in individual arbitration, and no class, collective or representative claim will proceed in arbitration.
30.7 Mass arbitration. If twenty-five (25) or more demands for arbitration raising similar claims are filed against us by or with the help of the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules will apply, and the demands will be resolved in staged batches as those rules provide. Any limitations period is paused for claimants waiting for their batch.
30.8 Time limit. To the extent the law allows, any Dispute must be started (by filing a demand for arbitration or, for Disputes exempt from arbitration, a court complaint) within one (1) year after the claim arises, or it is permanently barred. This does not apply where the law does not allow a shorter limitations period.
30.9 Your right to opt out. You may opt out of this arbitration agreement and the Class Action Waiver by sending an email to support@communityops.io with the subject line "Arbitration Opt-Out," or a letter to 2072 Stagecoach Drive, South Park, PA 15129, within thirty (30) days after you first accept these Terms. Your notice must include your name, the name of your business (if you bought for a business), the email address on your Whop account, your Discord username if you have one, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms, and we will not treat you differently for opting out.
30.10 Severability; survival. Except as stated in Section 30.6, if any part of this Section 30 is found unenforceable, the rest will be enforced to the fullest extent permitted. This Section 30 survives the end of these Terms and of our relationship.
31. Governing Law and Venue
These Terms and any Dispute are governed by the laws of the Commonwealth of Pennsylvania and applicable federal law, without regard to conflict-of-laws principles, except that Section 30 is governed by the Federal Arbitration Act. For any Dispute that is not subject to arbitration (including if you opt out, or if the arbitration agreement is found unenforceable), you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Allegheny County, Pennsylvania, except that: (a) small claims under Section 30.4(a) may be brought in the small claims court serving the county where you live; and (b) either party may seek injunctive relief under Section 30.4(b) in any court with jurisdiction. Nothing in this Section takes away the protection of mandatory consumer-protection laws of the place where you live, to the extent those laws apply despite a choice of law.
32. Changes to These Terms and the Services
32.1 Changes. We may update these Terms from time to time. We will post the updated Terms with a new "Last Updated" date. For material changes, including changes to pricing terms, the Retainer, or Section 30, we will give advance notice by email to the address on your Whop account, in the Community, or in your Private Channel, and the changes will apply from the effective date stated in the notice.
32.2 Orders already formed. A change to these Terms does not apply to an Order (other than future Retainer billing periods) formed before the change takes effect, unless you agree in writing. For the Retainer, changes apply from your first renewal after the notice period, and you may cancel before then.
32.3 Arbitration changes. A change to Section 30 does not apply to any Dispute for which a Dispute Notice was received before the change took effect.
32.4 Your options. If you do not agree to a change, stop using the Site, the Community and the Services, and cancel any Retainer before the change applies to you. Continuing to use them after the change applies means you accept it. We keep dated copies of each version of these Terms.
33. General Provisions
33.1 Entire agreement. These Terms (including the Privacy Policy, the Refund & Cancellation Policy and each Order) are the entire agreement between you and us about their subject matter and replace any earlier agreements, proposals or statements about it.
33.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions stay in full effect.
33.3 No waiver. Our failure or delay in enforcing a provision is not a waiver of our right to enforce it later. A waiver is effective only if in writing.
33.4 Assignment. You may not assign or transfer these Terms or an Order without our written consent, except that you may assign them, on written notice to us, to a buyer or successor of the business or community the Services relate to, if that person agrees in writing to be bound. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of the assets of our business, or by operation of law.
33.5 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, cyberattacks, illness, and outages or changes of Third-Party Platforms. If such an event prevents us from performing an Order for more than thirty (30) days, either party may cancel the undelivered part of the Order, and we will refund amounts you paid for work we have not delivered.
33.6 Notices. We may send you notices by email to the address on your Whop account, in your Private Channel, or by posting in the Community or on the Site. Legal notices to us must be sent in writing to SRG Industries LLC (doing business as CommunityOps), Attn: Legal, 2072 Stagecoach Drive, South Park, PA 15129, with a copy by email to support@communityops.io, and are effective when received.
33.7 Third-party beneficiaries. Our owners, members, managers, employees, contractors and agents are intended third-party beneficiaries of Sections 27, 28, 29.1 and 30, and may enforce them as if they were parties. Otherwise, these Terms create no third-party rights.
33.8 International users. We operate from the United States and our Services are directed primarily to people and businesses in the United States. If you use them from outside the United States, you do so on your own initiative, you are responsible for complying with your local laws, and your information will be processed in the United States as described in our Privacy Policy. If you are a consumer in a place whose laws give you mandatory rights that cannot be waived by contract, nothing in these Terms limits those rights. We may restrict our Services in any country.
33.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." If these Terms are translated, the English version controls.
33.10 Electronic acceptance. These Terms may be accepted electronically, and electronic records of your acceptance, checkout and approvals are admissible as evidence to the same extent as paper records.
34. Contact
Questions about these Terms? Ask in your Private Channel or open a ticket in the Community, or contact:
SRG Industries LLC, doing business as CommunityOps
2072 Stagecoach Drive, South Park, PA 15129
Email: support@communityops.io
Website: communityops.io