Terms of Service

1. Definitions

• Company: OptivexIQ. Registration details will be published once final filings are complete.
• Customer: a business entity or individual using the Service for commercial purposes.
• Service: OptivexIQ web application, APIs, reports, AI analysis workflows, and related support functions.
• Subscription: recurring paid plan billed by cycle.
• One-time purchase: non-recurring paid plan with defined entitlement scope.
• Customer Data: any data, content, URLs, and materials submitted by Customer through the Service.

2. Acceptance of Terms

By creating an account, accessing the Service, or purchasing a plan, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

3. Account Creation and Responsibility

• You must provide accurate, current, and complete information.
• You are responsible for account credentials and all activity under your account.
• You must promptly notify us of unauthorized access or security incidents.
• We may require identity verification for billing, security, or legal reasons.

4. Acceptable Use Policy (Updated)

You agree to use the Service only for lawful business purposes and in accordance with these Terms.

• Use the Service in compliance with applicable law and third-party rights.
• Submit only URLs and content you are legally permitted to submit for analysis.
• Maintain account security and prevent unauthorized credential use.
• Use AI outputs responsibly and only for lawful business decision support.

5. Prohibited Use (Updated)

• Unlawful, fraudulent, deceptive, or abusive activity.
• Attempts to bypass quotas, access controls, billing controls, or rate limits.
• Attempts to bypass anti-abuse controls, request throttling, or usage-limit enforcement.
• Security testing or probing without written authorization.
• Reverse engineering, decompiling, disassembling, or attempting to derive source code, models, or non-public system logic.
• Account sharing, credential sharing, sublicensing, resale, or providing the Service to third parties as a bureau or managed service without written authorization.
• Automated scraping, crawling, or extraction outside the Service for competitive product replication or dataset harvesting.
• Benchmarking the Service for publication or competitive replication purposes without prior written consent.
• Submission of malware, harmful code, or payloads intended to disrupt service integrity.
• Excessive or abusive scraping behavior through the Service that violates applicable law or third-party rights.
• Use of AI outputs to facilitate unlawful activity, discrimination, harassment, or violation of third-party rights.

6. AI Output Disclaimer

Service outputs are generated using automated analysis and AI systems. Outputs are informational and decision-support in nature. We do not guarantee factual completeness, legal compliance, or commercial outcomes.

7. No Guarantee of Conversion Results

We do not promise increased conversions, revenue, lead volume, or commercial performance. Business outcomes depend on implementation, market conditions, and factors beyond our control.

8. Intellectual Property and License

• The Service, software, trademarks, and documentation are owned by or licensed to the Company.
• Subject to these Terms, we grant a limited, revocable, non-exclusive, non-transferable license to use the Service.
• You retain rights to your submitted content and data. You grant us rights required to process and deliver the Service.

9. Customer Data & Processing Responsibilities (Added)

• Customer retains ownership of Customer Data submitted to the Service.
• Customer warrants that it has all rights, permissions, and legal bases required to submit URLs, content, and related materials for analysis.
• For analysis workflows performed on Customer instruction, the Company processes Customer Data as a processor/service provider to deliver requested features.
• The Company does not claim ownership of Customer Data.
• The Company may use anonymized and aggregated usage data that does not identify Customer or individuals for service security, reliability, capacity planning, and product improvement.

10. Subscription and Billing Terms (Updated)

• No free trials are offered unless explicitly stated in writing.
• Plans may include one-time purchases and recurring subscriptions.
• Recurring plans auto-renew by billing cycle unless cancelled before renewal.
• Billing is processed by LemonSqueezy and may be subject to additional processor terms.
• Customer authorizes recurring charges for subscription plans until cancellation takes effect.
• Failed payments may result in restricted features, temporary suspension, or cancellation after reasonable retry attempts.
• The Company may recover overdue amounts and reasonable collection-related costs where permitted by law.
• Customer remains responsible for chargebacks initiated without valid basis; disputed access may be suspended during investigation.
• Prices, taxes, and applicable fees may change prospectively with prior notice.
• Customer is responsible for applicable taxes, duties, and similar charges, excluding taxes on the Company's net income.
• One-time purchases provide the entitlement scope stated at purchase and do not include automatic renewal.
• Cancellation requests for recurring plans must be made before the next renewal timestamp to avoid the next billing charge.
• We may change pricing prospectively with reasonable advance notice.

11. Refunds and Cancellations

Refund and cancellation handling is governed by our Refund & Cancellation Policy, including EU consumer-rights treatment where applicable. See Contact for operational support.

12. Warranty Disclaimer (Added)

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Company disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability. The Company does not warrant that AI outputs are complete, accurate, or suitable for Customer's specific commercial decisions, and does not warrant that website extraction captures the full or current state of third-party websites. Nothing in these Terms excludes mandatory rights that cannot be limited under applicable EU consumer law.

13. Suspension, Security, and Abuse Enforcement (Updated)

We may suspend or terminate access for material breach, non-payment, fraud risk, security risk, legal compliance, or abuse. You may stop using the Service at any time.

Where feasible, we provide notice before suspension. For urgent security, fraud, or abuse events, suspension may be immediate. Customer agrees to reasonably cooperate with security and abuse investigations, including provision of relevant account context.

14. Data Retention and Post-Termination Handling (Added)

Customer Data is retained and deleted according to our Data Retention Policy and applicable legal obligations. Upon termination or account closure, access to the Service may be removed immediately, and stored reports may be deleted after the applicable retention window. Data subject to legal hold, regulatory requirements, fraud prevention, or dispute resolution may be retained for the required period.

15. Service Availability

We aim for reliable service but do not warrant uninterrupted, error-free, or always-available operation. Planned maintenance, third-party outages, and force majeure events may affect availability.

16. Limitation of Liability (Updated)

To the maximum extent permitted by applicable law, the Company is not liable for indirect, incidental, consequential, punitive, or special damages, including loss of profit, revenue, business opportunity, or goodwill.

The Company is not liable for: (a) inaccuracies or omissions in AI outputs; (b) incomplete, blocked, changed, or inaccurate third-party website content; or (c) business, legal, or commercial decisions made using Service outputs.

Our total aggregate liability under these Terms is limited to amounts paid by Customer for the Service during the 12 months preceding the event giving rise to the claim. This limitation does not exclude liability that cannot be limited by law, including liability for intent, gross negligence, fraud, or personal injury where applicable.

17. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, and employees from claims arising from your misuse of the Service, violation of law, or breach of these Terms.

18. Force Majeure

Neither party is liable for delay or failure caused by events outside reasonable control, including natural disasters, internet failures, power outages, acts of government, war, terrorism, labor disputes, and major third-party service disruptions.

19. Governing Law and Dispute Resolution

Governing law and venue details will be finalized and published before commercial launch. Mandatory consumer-protection law applies where required.

20. Changes to Terms

We may update these Terms from time to time. Material changes are posted with a revised effective date. Continued use after changes take effect constitutes acceptance of updated Terms.

21. Additional Legal Terms (Added)

• No Waiver: a party's failure to enforce any provision is not a waiver of future enforcement.
• Severability: if any provision is unenforceable, remaining provisions remain in full force.
• Assignment: Customer may not assign rights or obligations without prior written consent. The Company may assign in connection with merger, reorganization, or asset transfer.
• Entire Agreement: these Terms and referenced policies constitute the entire agreement regarding the Service.
• Export Compliance: Customer must comply with applicable export control and sanctions laws and may not use the Service in prohibited jurisdictions or for prohibited end uses.

22. Contact

• Legal: legal@optivexiq.com
• Privacy: privacy@optivexiq.com
• Billing support: support@optivexiq.com (use subject: Billing)
• General: support@optivexiq.com

Current version: Terms of Service v2.0 (Current legal version).