Terms of Service

These Terms of Service ("Terms") govern your use of the FunctionOps mobile application ("FunctionOps," "the App"), developed by Vereda Ventures LLC ("we," "us," "our"). By using FunctionOps, you agree to these Terms.

Your use of FunctionOps under these Terms is on your own individual initiative. These Terms are made solely between you and us. Nothing in these Terms is made with, approved by, or on behalf of your employer, and your employer has no rights or obligations under them.

1. Who We Are

Vereda Ventures LLC, a Texas limited liability company. Contact: [email protected].

2. What FunctionOps Is

FunctionOps is an internal operations tool for regional oversight of nursing/rehabilitation facilities. FunctionOps is not currently licensed, sold, or offered under any commercial license or subscription agreement. It is made available, at no charge, purely for beta testing purposes to a single operating company (the "Operating Company") or you, for use by the Operating Company's Regional Vice Presidents and their team members, to track building status, watch items, compliance items, staff recognitions, and regional visits across its facilities. Nothing in these Terms creates a software license, service-level commitment, or paid vendor relationship — you are a beta tester, not a licensee or customer.

Term of the beta.

This beta arrangement is not indefinite. It continues until (a) we and the Operating Company or you enter into a paid commercial license agreement for FunctionOps, which will supersede these Terms for future use; (b) either party ends the beta as described in Section 13 (Termination); or (c) the date 90 days after you first accept these Terms, unless the beta period is extended by mutual written agreement. Nothing here obligates us to offer a commercial license on any particular terms, or obligates the Operating Company to accept one.

3. Accounts

• Accounts are created directly by the developer — there is no public sign-up.
• You are responsible for keeping your username, password, and device access (including any Face ID/Touch ID you enroll) secure, and for all activity under your account.
• The developer controls what buildings and permissions your account has, and can deactivate your account at any time.
• Notify us or your administrator immediately if you suspect unauthorized access to your account.

4. Acceptable Use

FunctionOps is a workplace tool for legitimate business use by authorized employees of the Operating Company. You agree not to:

• Enter patient or resident health information, medical record numbers, diagnoses, or other Protected Health Information ("PHI") into any field in the App. FunctionOps is not HIPAA compliant and is not built, assessed, or intended to hold PHI. If PHI is entered despite this prohibition, we disclaim all responsibility for that non-compliant use, and you agree to indemnify us against any claim arising from it.
• Use the App for any purpose other than your job duties at the Operating Company.
• Attempt to access buildings, records, or accounts you are not authorized to see.
• Attempt to interfere with, reverse-engineer, or disrupt the App or its backend infrastructure.
• Use the App in any way that violates applicable law.
• Copy, distribute, demonstrate, or make the App available to any person or organization outside the Operating Company, or use the App to build, inform, or benchmark a competing product, without our prior written consent.

5. Content You Submit

You retain ownership of the operational content you enter (watch items, compliance items, recognitions, visit notes, etc.). By entering it, you grant us the right to store, process, and display it back to authorized users within your organization, solely to operate the App for your employer.

Confidentiality.

Operational content entered by you or your colleagues is confidential business information belonging to the Operating Company. We will not disclose it outside the App except as described in the Privacy Policy, and we will use it during the beta only to operate, improve, and internally evaluate FunctionOps as described there. Separately, you and the Operating Company agree to keep the App itself — its existence, features, screens, and functionality — confidential, and not to disclose or demonstrate it to third parties outside the organization without our consent, given that FunctionOps is an unreleased, unlicensed product.

6. Ownership of the App

FunctionOps — including its source code, design, user interface, data structures, and all underlying technology — is and remains our exclusive property. These Terms grant you a limited, revocable, non-exclusive right to use the App for your job duties at the Operating Company during the beta period only. Nothing in these Terms transfers any ownership or license rights in the App itself to you, your employer, or any other party, and no rights are granted by implication, estoppel, or otherwise beyond what is expressly stated here.

7. Beta Status

FunctionOps is currently in an internal beta and is not a finished product. Features, screens, and data structures may change, break, or be removed without notice, and data loss, while not expected, is possible during this phase. Do not rely on FunctionOps as the sole record of any information you cannot afford to lose; keep your organization's usual records as backup during the beta period. This beta disclaimer applies in addition to, and does not limit, Section 9 (No Warranty), Section 10 (Assumption of Risk), or Section 11 (Limitation of Liability) below.

8. Data Use During Beta (and After)

We use data collected through the App — including account, profile, and operational content — to operate the App for you, and also to improve and expand FunctionOps and for our own internal research into how the App is used, including during this beta period. We do not sell your data, and we do not share or license it to third parties for their own use. See the Privacy Policy for the full detail on data use and sharing, including our approach to notifying affected users in the event of a data security incident.

9. No Warranty

FunctionOps is an unfinished, beta-test product provided "as is" and "as available," without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or that the App is secure. We make no warranty or representation that FunctionOps is free from security vulnerabilities, or that data you enter into it will not be lost, corrupted, or exposed in a security incident. We do not warrant that the App will be uninterrupted or error-free.

10. Assumption of Risk

By using FunctionOps during this beta-testing phase, you acknowledge and accept that:

• Data loss is a real possibility. Bugs, migrations, backend changes, or beta instability could delete, corrupt, or make operational content unrecoverable, with no guarantee of backup or restoration.
• A security breach or unauthorized access is a real possibility. No software is unbreakable, and a beta product built without dedicated security auditing carries more risk than mature, commercially licensed software.
• You use FunctionOps, and enter data into it, at your own risk, with full knowledge of the above, and you agree not to hold us responsible for the consequences of that risk materializing.

11. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any loss of data, data breach, unauthorized access to or disclosure of data, loss of profits or business, or any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, arising out of or relating to your use of FunctionOps, however caused and under any theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Because FunctionOps is provided free of charge, purely for beta testing, and not under any paid license: our total, aggregate liability for any and all claims arising out of or relating to these Terms or the App is limited to five hundred U.S. dollars ($500), or the amount you actually paid us to use the App in the 12 months preceding the claim, whichever is greater. This limitation applies even if any remedy provided in these Terms fails of its essential purpose, and applies to the fullest extent not prohibited by applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you to that extent; in that case, our liability is limited to the smallest amount permitted by law.

12. Indemnification

You (and, where applicable, your employer) agree to indemnify and hold us harmless from any claim, loss, or damages, including reasonable attorneys' fees, arising from: your misuse of FunctionOps, your entry of PHI in violation of Section 4, your violation of these Terms, or your violation of any law or third-party right.

13. Termination

We may suspend or terminate your access to FunctionOps at any time, with or without cause. The right to suspend or terminate access may be modified or supplemented by any future commercial license agreement entered into between us and you or your employer. Sections of these Terms that by their nature should survive termination (including Sections 6, 9, 10, 11, and 12) will survive.

14. Changes to These Terms

We may update these Terms as the App changes. We'll update the effective date above; continued use of the App after changes take effect means you accept the updated Terms.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Texas. Any dispute arising out of or relating to these Terms or the App will be brought exclusively in the state or federal courts whose jurisdiction includes Brazos County, Texas, and you consent to personal jurisdiction and venue there.

16. Contact

Questions about these Terms: [email protected].

Vereda Ventures LLC / FunctionOps · August 2026