One Point Twenty-One Data

Terms of Service

Effective March 19, 2025

Welcome to onepointtwentyone.com (the "Site"), operated by One Point Twenty-One Data, LLC ("One Point Twenty-One," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

01Use of the Site

The Site is provided for informational purposes, including to describe our services and the OPTO platform, to allow prospective clients and partners to contact us, and to share publicly available content. You may use the Site only for lawful purposes and in accordance with these Terms.

You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use of the Site. You agree not to attempt to gain unauthorized access to any portion of the Site, any systems or networks connected to the Site, or any data contained therein.

02Services Are Governed Separately

The Site describes services offered by One Point Twenty-One, including the OPTO customer experience intelligence platform and the Everyday-XP respondent program. Any engagement of those services is governed by a separate written agreement between One Point Twenty-One and the client, including a Master Services Agreement, Statement of Work, or pilot agreement. Nothing on the Site constitutes an offer, contract, or binding commitment to provide services. Service descriptions, case studies, and performance illustrations on the Site are for general informational purposes and are not warranties or guarantees of results.

03Intellectual Property

All content on the Site, including text, graphics, logos, images, methodologies, frameworks (including references to Cognitive Sentiment Mapping), software, and the overall design and arrangement of the Site, is owned by or licensed to One Point Twenty-One and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may view and download content from the Site for personal, non-commercial reference. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, or otherwise exploit any content from the Site without our prior written consent, except as expressly permitted by these Terms or applicable law.

"One Point Twenty-One," "OPTO," "Everyday-XP," and related logos and marks are trademarks of One Point Twenty-One Data, LLC. Other trademarks referenced on the Site are the property of their respective owners.

04Submissions

If you submit information through a contact form, request a meeting, sign up for content, or otherwise communicate with us through the Site, you represent that the information you provide is accurate and that you have the right to provide it. By submitting information, you grant One Point Twenty-One a non-exclusive, royalty-free, perpetual right to use that information for the purpose of responding to your inquiry, evaluating prospective engagements, and improving our services. You should not submit confidential or proprietary information through the Site. The handling of personal information you submit is described in our Privacy Policy.

05Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources. These links are provided for convenience only. One Point Twenty-One does not control and is not responsible for the content, policies, or practices of any third-party site or service. Your use of third-party sites is at your own risk and subject to their terms.

06Disclaimers

The Site and all content on it are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, One Point Twenty-One disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.

We do not warrant that the Site will be uninterrupted, secure, or free of errors, viruses, or other harmful components. Statistics, examples, and illustrative figures shown on the Site are based on industry research, modeling, or representative scenarios and are not promises of results in any specific engagement.

07Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall One Point Twenty-One, its members, officers, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your access to or use of the Site, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

In any event, our aggregate liability arising out of or relating to these Terms or your use of the Site shall not exceed one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability shall be limited to the maximum extent permitted by law.

08Indemnification

You agree to indemnify, defend, and hold harmless One Point Twenty-One and its members, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the Site.

09Changes to the Site and These Terms

We may modify, suspend, or discontinue the Site or any part of it at any time without notice. We may also revise these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. You should review these Terms periodically.

10Governing Law and Venue

These Terms and any dispute arising out of or relating to them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You agree that any action arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

11Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. These Terms, together with any other notices or policies posted on the Site, constitute the entire agreement between you and One Point Twenty-One regarding your use of the Site, and supersede any prior agreements regarding the Site.

12Contact

Questions about these Terms can be sent to: