Effective date: April 17, 2025
By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
We may modify, suspend, or discontinue any aspect of the services at any time, with or without notice.
The services, including content, features, and functionality, are owned by Optimized and protected by intellectual property laws.
We handle customer data in accordance with our Privacy Policy and applicable laws. You agree to keep non-public information confidential.
The services are provided "as is" without warranties of any kind, to the fullest extent permitted by law.
To the maximum extent permitted by law, Optimized is not liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues.
You agree to indemnify and hold harmless Optimized and its affiliates from claims arising out of your use of the services or violation of these Terms.
Certain services may be offered for a fee. Prices, billing terms, and taxes will be presented at the time of purchase and are subject to change. You authorize us to charge your payment method for all amounts due and agree to pay all fees in accordance with the applicable order.
The services may interoperate with or contain links to third-party products. We are not responsible for third-party services and they are governed by their own terms and policies.
The services may include open source software components. Use of such components is governed by their applicable licenses, which take precedence over these Terms with respect to those components.
We may offer beta or trial features that are experimental and provided as-is and may be modified, suspended, or discontinued at any time.
If you provide feedback or suggestions, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use and incorporate it without obligation to you.
We may suspend or terminate access to the services at any time for any reason, including for breach of these Terms. Upon termination, your right to use the services will cease immediately, and certain provisions will survive (e.g., ownership, confidentiality, disclaimers, limitations of liability, and dispute resolution).
You represent that you are not located in a sanctioned country or on a restricted parties list and will not use the services in violation of applicable export control or sanctions laws.
We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, or internet failures.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.
These Terms constitute the entire agreement between you and Optimized regarding the services and supersede prior or contemporaneous agreements on the subject matter.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Disputes will be resolved in the state or federal courts located in San Francisco County, California.
We may update these Terms from time to time. Continued use of the services after changes become effective constitutes acceptance of the revised Terms.
Questions about these Terms? Contact us at contact@optimizedhq.com.