Terms of Service

These terms form a contract between you and Berkway Group Limited and govern your use of our command-line tool, website, and hosting service at opul.dev (together, the “Service”). By using the Service you agree to these terms. If you do not agree, do not use the Service.

1. Who we are

The Service is provided by Berkway Group Limited (“we”, “us”, “our”), a company registered in England and Wales (company no. 16591862) whose registered office is 3rd Floor, 86–90 Paul Street, London, EC2A 4NE. You can reach us at support@opul.dev (product support) or support@berkwaygroup.com.

2. Your account

You need an account, created by signing in with GitHub, to publish links. You are responsible for activity under your account and for keeping your access credentials secure. You must be at least 16 years old and provide accurate information. Notify us promptly of any unauthorised use.

3. Licence to use the Service

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service and the CLI for their intended purpose: recording demos of applications you are authorised to record, and publishing the resulting videos.

4. Acceptable use

You agree not to:

• record or publish content you do not own or have permission to use, or that infringes anyone’s rights;
• record applications, systems, or data you are not authorised to access;
• upload unlawful, defamatory, obscene, or malicious content, or anything that breaches another person’s privacy;
• attempt to disrupt, overload, reverse engineer, or gain unauthorised access to the Service or its infrastructure;
• use the Service to send spam or to distribute malware; or
• resell or provide the Service to third parties except as expressly permitted by your plan.

We may suspend or remove content, or suspend or terminate accounts, that we reasonably believe breach these terms.

5. Your content

You retain all ownership of the videos and other content you create and publish (“Your Content”). You grant us a worldwide, royalty-free licence to host, store, process, transmit, and display Your Content solely to operate and provide the Service to you and the people you share your links with. This licence ends when you delete the content or close your account, except for copies retained in routine backups for a limited period.

You are solely responsible for Your Content and confirm you have all rights and permissions necessary to record and publish it.

6. Our intellectual property

The Service, including its software, design, and branding, is owned by us or our licensors and is protected by intellectual property laws. Except for the licence in section 3, nothing in these terms transfers any rights in the Service to you.

7. Plans, payment, and free tier

Recording locally with the CLI is free. Publishing hosted links is governed by the plan you choose, as described on our pricing page. Free-plan links are subject to limits, including a maximum number of live links and automatic expiry.

Paid subscriptions are billed in advance on a recurring basis through our payment provider, Stripe. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes, which will be added where required. You authorise us to charge your chosen payment method for each billing period until you cancel. You can cancel at any time, effective at the end of your current billing period.

8. Your statutory rights

Nothing in these terms affects any rights you have as a consumer that cannot be excluded or limited under the law of England and Wales, including under the Consumer Rights Act 2015. Where you buy a subscription as a consumer you may have a statutory right to cancel within 14 days; however, by asking us to begin providing the digital service immediately you may lose that right once provision has begun.

9. Availability

We work to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may modify, suspend, or discontinue all or part of the Service, and we will give reasonable notice of material changes where practicable. Hosted links may expire or become unavailable in accordance with your plan.

10. Disclaimers

Except as expressly stated in these terms and as required by law, the Service is provided “as is” and “as available”, and we exclude all implied warranties, conditions, and terms to the fullest extent permitted by law.

11. Our liability

Nothing in these terms limits or excludes our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

Subject to that, we are not liable for loss of profits, loss of business, loss of data, or any indirect or consequential loss arising from your use of the Service. Our total liability to you arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, is limited to the greater of (a) the total fees you paid us in the 12 months before the event giving rise to the claim, and (b) £100.

If you are a consumer, we are responsible for foreseeable loss and damage caused by us, but not for anything unforeseeable, and you agree to use the Service only for domestic and private use.

12. Indemnity

If you use the Service in the course of a business, you agree to indemnify us against claims, losses, and costs arising from Your Content or your breach of these terms.

13. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these terms or where we are required to by law. On termination, your right to use the Service ends and we may delete Your Content, subject to our Privacy Policy.

14. Changes to these terms

We may update these terms from time to time. When we make material changes we will update the date above and, where appropriate, notify you. Continuing to use the Service after changes take effect means you accept the updated terms.

15. Privacy

Our Privacy Policy explains how we handle your personal data and forms part of these terms.

16. Governing law and jurisdiction

These terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the law of England and Wales. The courts of England and Wales have jurisdiction, except that if you are a consumer resident elsewhere in the UK you may also bring proceedings in your home jurisdiction.

17. General

If any provision of these terms is found to be unenforceable, the rest will remain in effect. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these terms without our consent; we may transfer ours as part of a reorganisation or sale. These terms are the entire agreement between us regarding the Service.

Questions? Email support@opul.dev, or read our Privacy Policy.