Master Terms and Conditions (MTC)
DATA PRIVACY NOTICE: By entering into this Agreement, the Client acknowledges that all personal data provided to Open IT Global will be collected, processed, and protected according to the terms of the Open IT Global Privacy Policy linked here: https://openitglobal.com/privacy-policy/.
Last Updated: November 2025
Table of Contents
- Introduction & Agreement
1.1 Acceptance of Terms
1.2 Conditional Grant of Access
1.3 Jurisdictional Restrictions & Prohibited Access - Privacy Policy
- Age Restriction
- Intellectual Property & Digital Assets
4.1 Ownership
4.2 Proprietary Methodologies
4.3 User-Generated Content License - Digital Product Purchases
5.1 Instant Provisioning
5.2 The 10-Day Activation Window
5.3 Usage License - Professional Services vs. Digital Goods
6.1 The Two-Step Engagement Protocol - Professional Disclaimers
7.1 Technical Responsibility
7.2 Software Licensing Requirements
7.3 Support Boundaries
7.4 Initial Contact Commitment (ICC) - Taxes and Duties
8.1 Price Exclusivity
8.2 Panamanian Entity Status
8.3 Client Responsibility - User Accounts and Dashboard Responsibility
9.1 Account Creation & Accuracy
9.2 Security & Accountability
9.3 Duty to Notify
9.4 Billing Management
9.5 Right of Termination - Operational Time Zone and Service Commitments
- Prohibited Activities
- User Generated Contributions
- Contribution License
- Guidelines for Reviews
- Third-Party Websites and Content
- Site Management
- Intellectual Property & Copyright Notice (International and DMCA Compliance)
- Purchases, Refunds, and Expirations
18.1 Final Sale & Refund Waiver
18.2 Product Access & Delivery
18.3 Service Expiration (The 6-Month Rule)
18.4 Conflicts of Terms - Governing Law and Dispute Resolution
19.1 Governing Law
19.2 Binding Arbitration
19.3 Procedure - Indemnification
- Limitation on Liability
- Execution and Omnibus Acceptance
22.1 Digital Signature
22.2 Hierarchy of Execution
Agreement Summaries
Global Definitions and Interpretations
The following definitions apply to these Master Terms and Conditions (hereinafter referred to as “Terms,” “Master Terms,” “Master Terms and Conditions,” or “Terms and Conditions.” ), the Digital Product Agreement (DPA), the Consulting Services Agreement (CSA), and the Initial Contact Commitment (ICC). These documents are collectively referred to as the “Legal Framework”:
- “Company”: Refers to Openco S.A., a corporation organized under the laws of the Republic of Panama (RUC: 155690046-2-2020), operating under the brand Open IT Global, also identified as “Consultant,” “Contractor,” “We,” “Us,” or “Our.”
- “Client”: Refers exclusively to registered business entities, professional organizations, or sole traders purchasing Products or Services for business purposes, also identified as “You” or “Your.” This platform does not provide services to individual consumers (B2C).
- “Products”: Refers to all digital technical assets, guides, templates, and blueprints available in the Technical Content Shop.
- “Services”: Refers to all professional consulting, technical discovery sessions, consulting hour packages, and technical implementation modules provided by the Company.
- “Site”: Refers to https://openitglobal.com and all associated dashboards, portals, and media channels, also identified as the “Website.”
- “Dashboard”: Refers to the secure portal where Products are provisioned and service usage is tracked, also identified as the “Client Dashboard.”
- “Technical Triage”: Refers to the mandatory initial evaluation of a Client’s inquiry by senior technical personnel to determine technical feasibility and alignment with the Company’s expertise. Also identified as “Triage.”
- “Technical Discovery Session”: Refers to a scheduled technical meeting provided following a successful Triage, which may be purchased as a standalone package or included in a Consulting Bundle. Also identified as “Discovery Session.”
- “Strategic Asset”: Refers to any technical data, system architecture, or proprietary metadata provided by the Client during the intake phase, governed by the confidentiality standards in Section 16 of the Privacy Policy.
- “Implementation Modules”: Refers to fixed-scope, productized engineering sprints (e.g., Core Commerce Foundation, Compliance Framework) governed by a specific “Definition of Done” and delivered within defined business-hour windows. Also identified as “Modules.”
- “Secure Payment Tunneling” means the technical configuration of an encrypted pathway between the Client’s storefront (CMS) and a PCI-DSS compliant third-party payment processor (e.g., Stripe, PayPal). This process utilizes API keys, secure webhooks, and tokenization to ensure that sensitive financial data (such as full credit card numbers or CVV codes) is transmitted directly to the processor’s vault. The Company’s role is strictly limited to architecting this connection; at no point does the Company store, harvest, or process the underlying financial data of the Client’s end-users on its own servers.
Interpretations & Formatting
- Capitalization & Shorthand: For the purposes of this Legal Framework, defined terms are typically capitalized. However, the use of capitalized or lowercase forms (e.g., “Terms” vs. “terms,” “Company” vs. “company,” or “Client” vs. “client”) shall be interpreted as referring to the same defined entity, document, or concept as established in the Global Definitions.
- Singular and Plural: Unless the context requires otherwise, terms defined in the singular include the plural, and terms defined in the plural include the singular.
- Gender and Pronouns: Any pronouns used within the Legal Framework shall be deemed to include the corresponding masculine, feminine, and neuter forms.
- Headings and Scannability: Section headings, titles, and bolded sub-headers are included for convenience and ease of reference only. They do not limit, extend, or affect the legal interpretation of the specific clauses contained therein.
- Technical Terminology: Any technical terms not explicitly defined in these Global Definitions shall be interpreted according to standard industry usage within the Information Technology (IT) and Engineering sectors.
Master Terms and Conditions
This document serves as the Master Terms of the Open IT Global Legal Framework. These Terms provide the foundational legal infrastructure for all interactions with our Site, Products, and Services.
These Master Terms are designed to be read in conjunction with our specific sub-agreements:
- Digital Product Agreement (DPA): Governing all downloadable technical assets.
- Consulting Services Agreement (CSA): Governing all professional hour packages, discovery sessions, and Commerce Implementation Modules.
Hierarchy of Documents: In the event of a direct conflict between these Master Terms and a specific provision within the DPA or CSA regarding a particular purchase, the terms of the specific DPA or CSA shall prevail; however, these Master Terms shall remain the governing authority for all matters not explicitly modified by those sub-agreements.
Section A: General Terms
1. Introduction & Agreement
These Terms and Conditions (hereinafter referred to as “Terms” or “terms”) govern Your use of the https://openitglobal.com/ website (the “Site” or “Website”) and the purchase of any Digital Products or Consulting Services operated by Open IT Global (“Company,” “Consultant,” “Contractor,” “We,” “Us,” or “Our”).
1.1 Acceptance of Terms
By accessing the Site, creating a Client Dashboard account, or completing a purchase, You certify that You have read, reviewed, and agreed to be bound by these Terms, Our Privacy Policy, and the specific Product or Service Agreements (e.g., Digital Product Agreement or Consulting Service Agreement) incorporated herein by reference.
1.2 Conditional Grant of Access
Open IT Global grants use and access of this Site, its Products, and its Services exclusively to those who have accepted these Terms. If You do not agree to be bound by this Agreement, You must immediately cease use of the Site.
1.3 Jurisdictional Restrictions & Prohibited Access
This Site and its Services are exclusively intended for the Export of Services to international markets. Open IT Global does not operate, target, or provide services within the Republic of Panama or the Kingdom of Spain.
Right of Refusal: We reserve the right to cancel any order and terminate any account if we suspect the Client is attempting to circumvent these blocks (e.g., via VPN or false address).
Certification of Non-Residency: By completing a purchase, the Client certifies that the purchasing entity is not a resident of, nor does it have its primary place of business in, Panama or Spain.
2. Privacy policy
Before you continue using our website, we advise you to read our privacy policy https://openitglobal.com/privacy-policy/ regarding our user data collection. It will help you better understand our practices.
3. Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Open IT Global assumes no responsibility for liabilities related to age misrepresentation.
4. Intellectual Property & Digital Assets
4.1 Ownership
You agree that all materials, Products, and Services provided on this Site are the property of Open IT Global, its affiliates, directors, officers, employees, agents, suppliers, or licensors. This includes, but is not limited to, all copyrights, trade secrets, trademarks, patents, and other intellectual property.
4.2 Proprietary Methodologies
Specifically, all proprietary methodologies, including the “Four Pillars” of Expertise, the “Open IT Global Standard,” and specialized LQA protocols, remain the exclusive intellectual property of Open IT Global. You agree not to reproduce or redistribute this intellectual property in any way, including electronic, digital, or new trademark registrations.
4.3 User-Generated Content License
You grant Open IT Global a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast any content You upload or publish to the Site. For issues regarding intellectual property claims, You should contact the Company at contact@openitglobal.com to reach a resolution.
5. Digital Product Purchases
All purchases of Digital Products are governed by these Terms and the specific Digital Product Agreement (DPA), located at: https://openitglobal.com/digital-product-agreement/. By submitting payment, You affirm that You have read, understood, and consented to the DPA. In the event of a conflict, the DPA shall prevail.
5.1 Instant Provisioning
Access to Digital Products is provisioned instantly upon successful checkout via the Client Dashboard. This availability constitutes the legal delivery of the asset. The Client acknowledges that access to the digital asset constitutes a waiver of any refund rights as further defined in Section 18 Purchases, Refunds, and Expirations.
5.2 The 10-Day Activation Window
Download links within the Dashboard remain active for ten (10) calendar days from the date of purchase. It is Your sole responsibility to download and save purchased assets to a secure local drive within this window. Open IT Global is not obligated to provide new links after this period.
5.3 Usage License
Upon full payment, Company grants You a non-exclusive, non-transferable, perpetual license to use the Product solely for Your internal business purposes. You are expressly prohibited from reproducing, distributing, modifying, reselling, or making the Product available to any third party outside of Your organization.
6. Professional Services vs. Digital Goods
Open IT Global operates three distinct business models. By submitting payment for any service or product, you affirm that you have read, understood, and consented to the specific Agreement applicable to your purchase:
- Digital Products (Self-Service): Technical guides, templates, and blueprints. Governed by the Digital Product Agreement (DPA), located here: https://openitglobal.com/digital-product-agreement/.
- Consulting Hour Packages: All purchases of Consulting Hour Packages, Hourly professional advisory and specialized engineering. Governed by the Consulting Services Agreement (CSA), located here: https://openitglobal.com/consulting-services-agreement/.
- Commerce Implementation Modules (Fixed-Scope): Engineering sprints for storefront architecture and revenue optimization. These are productized services governed exclusively by the Consulting Services Agreement (CSA) (located here: https://openitglobal.com/consulting-services-agreement/) and are subject to the specific “Definition of Done” set forth in Section 1.2 and Exhibit A of the Consulting Services Agreement (CSA). They are not “Digital Products” as defined by the Digital Product Agreement (DPA). All Modules are subject to mandatory Technical Validation via a Discovery Session before engineering commences.
In the event of any conflict between these general Master Terms and Conditions and the specific Consulting Services Agreement (CSA) or Digital Product Agreement (DPA), the terms of the specific Agreement shall prevail.
6.1 The Two-Step Engagement Protocol
To maintain “Engineering-Grade” precision and ensure technical alignment, all new professional engagements—including those initiated via contact forms, email, or direct purchase—must follow our structured roadmap:
- Step 1: Technical Triage: A preliminary review of Your inquiry by a senior technical consultant to evaluate project alignment with our “Four Pillars” and verify B2B eligibility.
- Step 2: Technical Discovery Session: A dedicated 45-minute consultation designed for the mutual discovery of technical challenges in PLM, ERP, and LQA. This session serves to define the Statement of Work (SOW), assess technical feasibility, and provide immediate actionable advisory on critical pain points.
The Technical Discovery Session is a dedicated consultation designed for technical alignment. For Commerce Implementation Modules, this session serves as the mandatory “Technical Validation” phase to verify environment compatibility before the engineering sprint commences.
Discretionary Alignment: You acknowledge that the completion of a Technical Triage (Step 1) does not obligate the Company to provide or sell a Technical Discovery Session (Step 2) if the inquiry is deemed a technical misalignment or originates from a prohibited jurisdiction.
7. Professional Disclaimers
7.1 Technical Responsibility
Open IT Global provides high-level engineering roadmaps, architectural blueprints, and strategic guidance. The actual implementation, execution, and localized testing of these strategies remain the sole responsibility of the Client. Open IT Global does not provide hands-on system administration or coding unless specifically outlined in a signed Statement of Work.
For Commerce Implementation Modules, the Company is responsible for the technical architecture and logic configuration; however, the Client remains solely responsible for providing all “Substance” (copy, branding assets, and legal text) required to complete the module.
7.2 Software Licensing Requirements
Our service fees and digital product prices do not include third-party software licenses (e.g., Oracle, Windchill, SAP, etc.). It is the Client’s responsibility to acquire, maintain, and pay for all necessary third-party licenses required to utilize our technical assets or consulting advice.
7.3 Support Boundaries
All human-led support, technical troubleshooting, and administrative outreach are conducted strictly during Operational Hours (Monday – Friday, 9:00 AM – 5:00 PM UTC-5).
The Company’s standards for responsiveness and the structured intake process (Technical Triage) are governed by the Initial Contact Commitment (ICC), located at: https://openitglobal.com/initial-contact-commitment/.
Per these standards, We commit to initiating administrative setup or responding to new engagement inquiries within one (1) business day of a verified purchase or contact request. Requests received outside of Operational Hours or on official Panama holidays will be addressed on the following business day. By engaging with the Site or purchasing a Service, You acknowledge that this commitment is subject to the Entity Verification and Jurisdictional Compliance protocols defined in the ICC. The Company reserves the right to decline inquiries that do not originate from professional corporate email domains or that fail the Technical Triage phase.
8. Taxes and Duties
8.1 Price Exclusivity
All prices listed on the Site are exclusive of any local taxes, duties, or value-added taxes (VAT) that may be applicable in the Buyer’s jurisdiction.
8.2 Panamanian Entity Status
As a Panamanian entity providing Exclusive B2B Export services, Open IT Global does not collect foreign sales taxes or VAT.
8.3 Client Responsibility
By purchasing, the Client affirms their B2B status and assumes full responsibility for reporting and paying any applicable taxes (such as Reverse Charge VAT in the EU) to their local authorities. The Client agrees to provide a valid Business Tax ID or VAT Number as a condition of purchase.
9. User Accounts and Dashboard Responsibility
9.1 Account Creation & Accuracy
Upon Your first purchase, a Client Dashboard account is automatically generated. You are responsible for ensuring the accuracy of all information provided during registration. You are required to set a secure password in the Client Account section to finalize Your setup.
9.2 Security & Accountability
You are solely responsible for maintaining the safety and confidentiality of Your login credentials and identifying information. You are responsible for all activities that occur under Your account or password. Open IT Global is not liable for unauthorized access to Your proprietary downloads, project roadmaps, billing details, or service agreements resulting from Your failure to secure Your account.
9.3 Duty to Notify
If You suspect any security issues, unauthorized access, or a breach of Your account credentials, You must inform Us immediately at contact@openitglobal.com so We may take appropriate action to secure the account.
9.4 Billing Management
Within the Dashboard, You may manage payment methods via the “+Add” feature. By adding a payment method, You authorize the secure vaulting of Your information by our third-party processors for future transactions.
9.5 Right of Termination
We reserve all rights to terminate accounts, edit or remove content, and cancel orders at Our sole discretion, particularly in cases of unauthorized account sharing, suspected fraud, or violation of these Terms. This includes the right to terminate access if a Client is found to be operating from the Republic of Panama or the Kingdom of Spain, in violation of our Exclusive B2B Export Mandate.
10. Operational Time Zone and Service Commitments
The operational and administrative working hours for Open IT Global govern all customer support, order processing, and service response timelines. This includes our Initial Contact Commitment (ICC). For verified purchases, we commit to the initiation of administrative setup within one (1) business day. For general inquiries via contact forms or email, this one-business-day window applies to the commencement of Technical Triage to determine project alignment. You acknowledge that the ICC is a commitment to responsiveness, not a guarantee of project acceptance or immediate technical resolution.
All such timelines are based on UTC-5, Monday through Friday, 9:00 AM to 5:00 PM, excluding official holidays in Panama. A current schedule of observed holidays is available upon request or as published in the Company’s operational calendar. Requests received outside of these hours will be addressed on the following business day.
The Initial Contact Commitment (ICC) defines the maximum boundary of our initial administrative responsiveness; however, it does not supersede the specific project timelines or ‘Urgent Support’ protocols defined within a signed Statement of Work (SOW).
11. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
12. User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
13. Contribution License
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
14. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed;
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- Your reviews should not contain references to illegal activity;
- You should not be affiliated with competitors if posting negative reviews;
- You should not make any conclusions as to the legality of conduct;
- You may not post any false or misleading statements;
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
15. Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
16. Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms and Conditions;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
- Perform Entity Verification and Technical Triage on all incoming inquiries to ensure compliance with our Exclusive B2B Export Mandate and technical expertise boundaries;
- Disregard or block inquiries, and terminate associated accounts, that originate from prohibited jurisdictions (Panama/Spain) or utilize non-professional/anonymous email providers.
17. Intellectual Property & Copyright Notice (International and DMCA Compliance)
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the following email address to contact@openitglobal.com (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us using the following email address to contact@openitglobal.com (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent;
- Your name, address, and telephone number;
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
18. Purchases, Refunds, and Expirations
By completing a purchase on this Site, You agree to pay the price indicated and authorize the selected payment method.
18.1 Final Sale & Refund Waiver
Due to the instant delivery of proprietary technical data, the immediate reservation of senior consultant availability, and the nature of cross-border B2B service exports, all sales are final and non-refundable.
- Instant Provisioning (Discovery, Packages, & Modules): For all Technical Discovery Sessions, Consulting Hour Packages, and Commerce Implementation Modules, “Initial Delivery” is defined as the automated provisioning of the Onboarding Protocol and the Consulting Services Agreement (CSA) to the Client Dashboard immediately following checkout.
- The Waiver: Once a Digital Product (e.g. Blueprint/Guide) has been provisioned, accessed, or downloaded, or once a Consulting Service (Package/Module) has been administratively provisioned—granting immediate access to the Consulting Services Agreement (CSA and Onboarding Protocol—You expressly acknowledge that the Company’s primary delivery obligation has been met. Consequently, You expressly waive any right to a refund, a credit card chargeback, or any “cooling-off” period under local consumer law.
- Reservation of Resources: The Client further acknowledges that the purchase of any Service reserves a high-value engineering slot. Once a session is scheduled or a Project Priority List is generated, the Company has committed non-recoverable resources and senior-level availability to the engagement.
- Validation Contingency (Modules Only): For Commerce Implementation Modules, if the project fails the mandatory Technical Validation phase (as defined in the Consulting Services Agreement (CSA)), the fee is not refunded but remains as a credit on the Client Dashboard to be applied toward Remediation Services or alternative Consulting Hour Packages, as outlined in the Consulting Services Agreement (CSA).
- Jurisdictional Affirmation: By completing the purchase, the Client re-affirms they are a business entity operating outside of Panama and Spain. Any attempt to claim consumer refund rights under Panamanian or Spanish local law is expressly waived, as the Client has certified their B2B status and foreign residency.
18.2 Product Access & Delivery
Upon purchase of a Digital Product, Our Initial Contact Commitment (ICC) applies to the provisioning of Your access via the Client Dashboard.
- Access Duration: Download links remain active for ten (10) calendar days from the date of purchase. It is Your responsibility to download and save assets to a secure local drive within this window.
- Monitoring: You are responsible for monitoring Your Dashboard and registered email (including spam folders) for delivery notifications.
Implementation Modules: Unlike downloadable Digital Products, delivery for Commerce Implementation Modules is defined as the transmission of the Technical Handover Checklist and the commencement of the 7-Business Day Technical Review Period as defined in the Consulting Services Agreement (CSA).
18.3 Service Expiration (The 6-Month Rule)
To ensure technical accuracy and resource availability, all Services—including Consulting Hour Packages and Technical Discovery Sessions—must be utilized within six (6) months from the date of purchase.
- Forfeiture: Any unused hours or unscheduled sessions remaining after this 6-month window are automatically forfeited, are non-refundable, and cannot be credited toward future purchases.
- Dashboard Records: Expiration timelines are tracked and enforced via the execution logs within Your Client Dashboard.
18.4 Conflicts of Terms
In the event of any conflict regarding a specific purchase, the terms of the Digital Product Agreement (DPA) or Consulting Services Agreement (CSA) shall prevail over these general Terms.
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms and the Legal Framework shall be governed by and construed in accordance with the Commercial and Civil Laws of the Republic of Panama, specifically those governing international service exports.
19.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration in Panama City, Panama, administered by the Center for Conciliation and Arbitration of Panama (CeCAP) or the Conciliation and Arbitration Center of the Chamber of Commerce, Industries and Agriculture of Panama (CeCOM).
19.3 Procedure
The arbitration shall be conducted by a single arbitrator. The language of the arbitration shall be English or Spanish, at the choice of Open IT Global. The award shall be final and binding, and the parties waive any right to appeal to the courts of any other jurisdiction, including those of the Client’s residency.
20. Indemnification
You agree to indemnify Open IT Global and hold Open IT Global, including its owners, officers, and employees, harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
21. Limitation on liability
Open IT Global is not liable for any damages that may occur to you as a result of your misuse of our website. Furthermore, in no event shall Open IT Global be liable to you for any indirect, incidental, special, punitive, or consequential damages (including, but not limited to, damages for loss of profits, data, goodwill, or business interruption) arising out of or in connection with your use of the Site or any of the services provided, even if Open IT Global has been advised of the possibility of such damages. The sole and maximum liability of Openco S.A. (dba Open IT Global) for any claim arising out of the use of the Site or the delivery of Products/Services shall be limited to the amount paid by the Client for the specific transaction giving rise to the claim. Under no circumstances shall the Company be liable for any indirect or consequential damages arising in jurisdictions where the Company has explicitly stated it does not operate (Panama and Spain).
Note: Specific liability limitations related to purchased Consulting Services are governed exclusively by the Consulting Services Agreement (CSA) Clause 5.
Technical Triage, Discovery Disclaimer, & Module Disclaimer: Any technical insights, roadmaps, or “Actionable Advisory” provided during the Technical Triage or a Technical Discovery Session are preliminary and based on limited data. Open IT Global is not liable for any system failures, data loss, or configuration errors resulting from the Client’s attempt to implement such preliminary advice without a formal, signed Statement of Work (SOW) as governed by the Consulting Services Agreement (CSA). The Client assumes 100% of the risk for any environment changes made based on pre-engagement communications.
For Commerce Implementation Modules, Open IT Global’s liability is strictly limited to the technical configuration as defined in the “Definition of Done.” Open IT Global is not liable for any conflicts arising from the Client’s existing third-party plugins, theme customizations, or hosting limitations that were not disclosed during the Technical Validation phase.
22. Execution and Omnibus Acceptance
22.1 Digital Signature
By completing a purchase or creating an account via the Open IT Global Portal, the User/Client expressly accepts these Master Terms. The act of clicking the mandatory checkbox at checkout constitutes a binding electronic signature. By doing so, the Client warrants that: (i) they are authorized to bind their business entity; and (ii) they are not physically located in, nor is their entity registered in, the Republic of Panama or Spain.
22.2 Hierarchy of Execution
Acceptance of these Master Terms simultaneously executes any applicable supplemental agreements (Consulting Services Agreement (CSA) or Digital Product Agreement (DPA), or the Initial Contact Commitment (ICC)) as indicated during the checkout process. I further agree that Commerce Implementation Modules are fixed-scope engineering sprints governed by the Consulting Services Agreement (CSA) and are subject to the 7-Business Day Technical Review Period.
Open IT Global reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Open IT Global and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
Omnibus Effect: This document is part of the Open IT Global Legal Framework. It is designed to be read in conjunction with our Privacy Policy, Legal Notice, Initial Contact Commitment (ICC), Digital Product Agreement (DPA), and Consulting Services Agreement (CSA). Use of the Site or purchase of any Product or Service (as defined in our Global Definitions) constitutes an Omnibus Acceptance of the entire Framework and all linked policies.
Section B: Digital Product Agreement
These terms govern your limited, non-exclusive license for all downloadable products. See the full agreement linked here: https://openitglobal.com/digital-product-agreement/ for finality of sales (no refunds), access duration, usage restrictions, and the limitation of Company liability.
Section C: Consulting Services Agreement
These terms define the scope, usage limits (expiration), and strict liability caps for all pre-paid consulting packages. See the full agreement linked here: https://openitglobal.com/consulting-services-agreement/ for our Session Rescheduling policy and service exclusions
