Terms of use
In effect from
These terms govern your use of this website. They are not the terms on which we supply software or engineering services: those are agreed in writing for each engagement, and nothing on this website forms part of them.
By using this website you accept these terms. If you do not accept them, please do not use the site.
1. Who we are
This website is published by Opcela, which trades from the address given on our contact page.
Opcela is not at present a registered company. We are in the process of forming one, and it will be called Opcela Software Ltd. Until it is formed and this document is updated to say so, nothing on this website should be read as a statement that a company exists, and no company number is claimed anywhere on it. When the company is formed, its registered name, its number and where it is registered will appear in the footer of every page, and these terms will be reissued in that company's name with a new date.
2. What this website is for
This website describes what we build and how we work. It is published for information.
- Nothing on this website is an offer capable of acceptance, and nothing on it forms a contract. A price, a timescale or a scope of work becomes binding only when it is set out in a written agreement signed by both of us.
- Nothing on this website is professional advice. The case studies and the product descriptions say what we did for particular organisations with particular systems. They are not a recommendation about your systems, your measurements or your regulatory obligations, and you should not act on them without advice that takes your own circumstances into account.
- We do not promise that anything on the site is complete or current. We take care over what we publish, and we correct what we find to be wrong, but a page may describe a product that has since changed.
There is nothing on this website to buy, no account to open, and no product to download. The only thing you can send us through it is an enquiry.
3. Acceptable use
You may read this website, and you may print or download extracts of it for your own reference or to show to colleagues.
You must not:
- use the website for any unlawful or fraudulent purpose, or in any way that breaks a law that applies to you;
- attempt to gain unauthorised access to the website, to the servers it is hosted on, or to any system connected to it;
- knowingly introduce a virus, a trojan, a worm or any other material that is malicious or technologically harmful;
- attack the website by denial of service, or by any other means intended to interrupt it;
- collect material from the site systematically, by scraping, harvesting or any automated means, in order to reuse it commercially or to build a competing product or dataset;
- use the contact form to send unsolicited advertising, chain material, or anything defamatory, obscene, harassing or otherwise unlawful;
- misrepresent who you are, or send us an enquiry on somebody else's behalf without their knowledge.
We may withdraw access to the website from anybody who breaks these terms, and where we believe an offence has been committed we may report it and disclose what we hold to the relevant authority.
4. Intellectual property
We own, or are licensed to use, everything on this website: the text, the images, the diagrams, the case studies, the design of the pages and the software behind them. That material is protected by copyright and by other intellectual property rights.
4.1 What you may do
You may copy extracts for your own reference and to share within your organisation, provided that:
- you do not alter what you copy;
- you do not remove or obscure any notice of authorship, copyright or trade mark;
- you acknowledge Opcela as the source; and
- you do not use the material commercially without our written permission.
4.2 What you may not do
You may not republish material from this website on another website or in a product, sell or licence it, or use it to train a machine learning model, without our written permission.
Opcela and the Opcela mark are ours. Names, logos and product names belonging to other organisations appear on this website as the property of those organisations, and are shown either with their permission or to identify their products factually. Nothing on this website grants you any right to use anybody's mark.
4.3 Material you send us
If you send us an enquiry, you keep whatever rights you already have in it. You give us permission to read it, to store it and to use it to reply to you and to take any steps you ask for before we start work together. What we do with your details, how long we keep them and what rights you have over them are set out in our privacy notice.
Please do not send us confidential information through this website. The contact form is not a secure channel for it, and we cannot treat what arrives through it as confidential unless we have already agreed in writing to do so. If you need to tell us something in confidence, ask us first and we will arrange a way to receive it.
5. Links
5.1 Links from this website
Where this website links to another organisation's site, the link is provided for information. We have no control over those sites and we do not endorse them, their content or their products. We accept no responsibility for any loss arising from your use of them, and you follow such a link at your own risk.
5.2 Links to this website
You may link to any page of this website, provided that you do so in a way that is fair and lawful, that does not damage our reputation or take advantage of it, and that does not suggest an association, an approval or an endorsement that does not exist. You may not frame this website within another site, and you may not link to it from a site you do not own.
We may withdraw permission to link at any time.
6. Availability of the website
The website is provided free of charge, and we do not promise that it will always be available or that it will be uninterrupted. We may suspend, withdraw or change any part of it, or the whole of it, without notice.
You are responsible for making the arrangements that let you reach the website, and for making sure that everybody who uses it through your connection knows these terms.
7. Our responsibility for loss or damage
Read this section carefully. It limits what we are responsible for.
7.1 What we never exclude
Nothing in these terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability that the law does not allow us to exclude or limit.
7.2 If you are a consumer
If you are using this website as a consumer rather than in the course of a business, nothing in these terms affects your statutory rights. You may be entitled to bring a claim in the courts of the country where you live.
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or of our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.
7.3 If you are a business
If you are using this website in the course of a business, then to the extent the law allows:
- we exclude all conditions, warranties and other terms that might otherwise be implied into these terms;
- we are not liable to you for loss of profit, loss of sale or business, loss of contract, loss of anticipated saving, loss of or damage to data, loss of goodwill, business interruption, or any indirect or consequential loss, however it arises; and
- our total liability to you in connection with this website, in contract, tort including negligence, breach of statutory duty or otherwise, is limited to one hundred pounds.
7.4 In every case
We do not guarantee that this website will be free of viruses or other harmful material, and you are responsible for protecting the equipment and the software you use to reach it. We are not liable for loss or damage caused by a virus, a denial of service attack, or other harmful material that infects your equipment because you used this website or downloaded anything from it, unless that loss was caused by our failure to take reasonable care.
8. Your personal information
We use the details you send us only to answer your enquiry and to take any steps you ask for before we start work together. Our privacy notice explains what we collect, why we hold it, how long we keep it and what rights you have, and our cookies and storage page explains what this website stores on your device.
9. Changes to these terms
We may change these terms. When we do, we change the date shown at the top of this page in the same edit, so that you can see which version applies. Using the website after a change means you accept the terms as they then stand, so it is worth looking at this page from time to time.
10. The law that applies, and where a dispute is heard
These terms, their subject matter and their formation are governed by the law of England and Wales.
We and you both agree that the courts of England and Wales have exclusive jurisdiction over any dispute arising out of them, except that if you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in the courts of the part of the United Kingdom where you live.
11. How to contact us
If you have a question about these terms, or you want to tell us that something on this website is wrong, write to us at: