Terms of Service

Last Updated: May 20, 2025

1. Introduction

Welcome to OpenMSP. These Terms of Service ("Terms") govern your access to and use of the OpenMSP platform, including our website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

OpenMSP is owned and operated by Flamingo Technology, Inc., a company registered in Miami, Florida, USA.

2. Definition of Services

OpenMSP provides a platform for Managed Service Providers (MSPs) to discover, evaluate, and implement open-source alternatives to commercial software solutions. Our services include:

  • Providing information about open-source software options
  • Hosting implementation guides and resources
  • Facilitating community discussions and knowledge sharing
  • Offering comparison tools for commercial and open-source solutions
  • Providing access to educational content and resources

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. User Content

4.1 Content Responsibility

You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Service.

4.2 Content Standards

You agree not to post content that:

  • Violates any applicable law or regulation
  • Infringes any intellectual property rights
  • Contains malicious code, viruses, or harmful material
  • Is defamatory, obscene, or offensive
  • Constitutes unauthorized commercial solicitation
  • Impersonates any person or entity
  • Contains private information about third parties without authorization

4.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

5. Intellectual Property Rights

5.1 OpenMSP Content

All content provided by OpenMSP, including text, graphics, logos, images, and software, is owned by OpenMSP or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Open Source Information

Information about open-source software is provided for informational purposes only. All open-source software is subject to its own licensing terms, which you must review and comply with separately.

6. Prohibited Activities

You agree not to:

  • Use the Service in any way that violates any applicable law or regulation
  • Circumvent, disable, or interfere with security features of the Service
  • Engage in unauthorized framing, linking, or deep-linking to the Service
  • Attempt to access areas of the Service that you are not authorized to access
  • Use data mining, robots, or similar data gathering methods
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Impersonate another user or person, or use another user's account
  • Use the Service for any commercial solicitation purposes without our consent
  • Engage in any automated use of the system, including using scripts to collect information

7. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by OpenMSP. We are not responsible for the content or practices of any linked third-party sites, and your use of such sites is at your own risk.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENMSP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE.

10. Indemnification

You agree to defend, indemnify, and hold harmless OpenMSP and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

11. Governing Law and Jurisdiction

These Terms and any action related thereto shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any action related to these Terms shall be the federal and state courts located in Miami-Dade County, Florida.

12. Changes to Terms

We may update these Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

13. Termination

We may terminate or suspend your access to all or part of the Service, without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

14. General Terms

14.1 Entire Agreement

These Terms constitute the entire agreement between you and OpenMSP regarding the Service.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Flamingo AI, Inc.

400 NW 26th St Flamingo Miami, FL, 33127 US