Welcome to Optiflow ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Optiflow platform, including our website, applications, APIs, and other services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully before using our Services.
To use certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information about yourself.
You are responsible for maintaining the confidentiality of your account credentials 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.
You are solely responsible for all Content you upload, create, or share through the Services. You agree not to use the Services for any illegal or unauthorized purpose.
Some features of the Services require a paid Subscription. By subscribing to a paid plan, you agree to pay all fees associated with the Subscription you select.
We will bill you in advance for your Subscription on a recurring basis (monthly or annually, depending on your selection). All payments are non-refundable except as expressly stated in these Terms.
Certain actions within the platform may consume credits. Your Subscription includes a specific number of credits per billing period. Additional credits can be purchased separately. Unused credits expire at the end of your billing period unless otherwise specified.
Your Subscription will automatically renew unless you cancel it. You may cancel your Subscription at any time through your account settings. If you cancel, you can continue to use your Subscription until the end of your current billing period, but you will not receive a refund for any fees already paid.
You agree not to use the Services to:
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Optiflow, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You retain ownership of any intellectual property rights that you hold in the Content you create, upload, or share through the Services. By creating, uploading, or sharing Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with providing the Services to you and other users.
We take the confidentiality of your data seriously. We will not access, view, or process your Content except:
THE SERVICES ARE 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIFLOW, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify, defend, and hold harmless Optiflow, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
These Terms will remain in full force and effect while you use the Services. We may terminate or suspend your account or access to the Services at any time, for any reason, without prior notice or liability, including if you violate any provision of these Terms.
Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding on the parties. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email or through the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at:
Optiflow, Inc.
1234 Innovation Way
San Francisco, CA 94107
legal@optiflow.com