Welcome to Optihint, a website and online service owned and operated by Optihint Inc., a Delaware corporation (“Optihint,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Optihint Service. Access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
Your Use of the Service
By accessing or using the Service, you agree to be bound by these Terms. If you use the Services on behalf of an organization or legal entity (“Organization”), you agree to these Terms on behalf of that Organization and represent that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refer to both you and that Organization. You may use the Service only if you can form a binding contract with Optihint and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Service may change from time to time as we evolve, improve, or add features—often without prior notice to you. Additionally, Optihint may temporarily or permanently discontinue providing the Service—or any features within the Service—to you or users generally and may not be able to provide you with prior notice.
Acceptable Use of Optihint
Optihint relies on the trust of its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. You must not and must not attempt to: use the Service for unlawful purposes or to promote illegal activity; access or reverse engineer the Service in order to (i) build a competing product or service, (ii) create a product using similar ideas, features, or capabilities of the Service, or (iii) copy any ideas, features, or capabilities of the Service; publish or conduct performance testing or analysis of the Service without Optihint’s explicit permission; use information provided by the Service to create a service similar to Optihint, including but not limited to text analysis, metadata extraction, object extraction, and content categorization services; republish information provided by Optihint in bulk format; use the Service to reproduce copyright-protected materials in violation of owners’ rights; make the Service available over a network (other than Optihint’s network) where it may be used by others; translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, its features or ideas, or any portion thereof; circumvent any technology used by Optihint or its licensors to protect information available through the Service; sell, lease, transfer, or sublicense any part of the Service unless you are part of an applicable Enterprise plan; allow a third party to access Optihint by bypassing these Terms or the registration process, including through the use of proxy servers, spiders, scraping bots, or other technology; distribute, facilitate, or enable access to the Service in any way that Optihint reasonably deems unacceptable or harmful to its business or reputation; use the Service in conjunction with deep packet inspection or any form of network monitoring technology; use the Service to monitor internet or other telecommunications traffic; or use the Service in any manner that violates these Terms. We may investigate and/or suspend your account if you violate any of the above rules. We reserve the right to terminate your account immediately without further notice.
Subscriptions
You may purchase a subscription to the Service. Subscription tiers and pricing are determined by Optihint at its discretion and may change. To purchase a subscription, you must provide a valid debit or credit card. By confirming a subscription with Optihint, you agree to be bound and to pay for that purchase. Subscriptions typically auto-renew at the end of the selected billing period (monthly, quarterly, or annually) under the same payment terms. You may upgrade your subscription at any time through your account dashboard; upgrades are billed at the new subscription rate, with prorated adjustments applied in the next billing cycle. You may downgrade your subscription at any time; downgrades take effect at the start of your next billing cycle. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing cycle. No refunds are provided for partial billing cycles after a downgrade or cancellation. All fees exclude applicable taxes, levies, or duties imposed by taxing authorities; you are responsible for such taxes, except for Optihint’s obligation to collect U.S. federal or state taxes where required. If you believe Optihint has mistakenly charged you, you must contact Optihint within 90 days of the charge. Refunds are not available for charges older than 90 days. If you pay with a debit card and incur bank overdraft fees as a result, you are responsible for those fees. If your subscription is canceled, Optihint will retain resources created by your subscription. Optihint reserves the right to delete any subscription-created resources that have not been updated for 90 days.
Your Account
You must provide accurate information when creating your Optihint account. Your account grants you access to Services and features that Optihint may create and maintain at its discretion. Different account types may be available to different user categories or organizations. If you connect to Optihint via a third-party service, you authorize Optihint to access and use information from that service in accordance with the service’s permissions and to store your credentials for that service. You may not use another user’s account without permission. All your data will be permanently deleted from the Service if you cancel your account or if Optihint terminates your account under these Terms. This information cannot be recovered once deleted. Service termination results in the deletion of your account and all associated data. Optihint reserves the right to refuse service to anyone for any reason at any time. Optihint may, at its discretion, suspend or terminate your account, issue warnings, or deny current or future use of the Service without prior notice.
Account Security
You are responsible for maintaining the confidentiality of your password and any API keys used to access the Service, and for all activities that occur under your credentials. We recommend using strong passwords that combine uppercase and lowercase letters, numbers, and symbols. You agree not to disclose your password or API keys to third parties. Optihint is not liable for losses resulting from your failure to protect your account credentials. You must immediately notify Optihint if you become aware of any security breach or unauthorized use of your account.
Your Content
You understand that all content you input, post, transmit, or upload to the Service is your sole responsibility. This means that you, not Optihint, are entirely responsible for all data you input, upload, post, broadcast, transmit, or otherwise make available through your account. Optihint does not control data analyzed or modeled via the Service and does not guarantee the accuracy, integrity, or quality of such data. To use the Service, you must own, have the rights to use, or be authorized to use public data for all data sources you create in Optihint. Your data sources must not be obtained fraudulently, include fake or stolen data, or be acquired through any unlawful or unethical means. Your data sources must not infringe copyrights, patents, trademarks, trade secrets, privacy rights, or other proprietary rights of third parties. Your data sources must not violate any laws, statutes, ordinances, or regulations (including those governing export control or consumer protection). Your data sources must not create liability for Optihint or cause (in whole or in part) the loss of services from its internet providers or other suppliers. Your data is treated as confidential by Optihint in accordance with our Privacy Policy. Notwithstanding the above, a recipient of confidential information will not breach these Terms by disclosing information in response to a valid court order or other governmental authority, and Optihint will not breach these Terms if it discovers you intend to use the Service for impermissible purposes or to commit or plan a crime.
Optihint License
Subject to these Terms, Optihint grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to access and use the Service. Optihint retains all rights not expressly granted herein. Optihint may terminate this license at any time for any reason or no reason.
Optihint Ownership, Copyright, and Feedback
All rights, title, and interest in and to the Service (excluding any content you provide) are and will remain the exclusive property of Optihint and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms grants you a right to use the Optihint name or any of its trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you provide regarding Optihint or the Service are voluntary. You agree that Optihint may freely use such feedback, comments, or suggestions without obligation or attribution to you.
Privacy
We care about user privacy. We collect, use, and share personal and non-personal information as described in our Privacy Policy. By using the Service, you consent to Optihint’s collection, use, disclosure, and processing of your personal data as described in that Privacy Policy.
Indemnification
You agree to defend, indemnify, and hold harmless Optihint and its licensees, licensors, affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of and access to the Service; (b) any data or content you transmit or receive; (c) any third party’s access to or use of the Service using your username, password, or API keys; or (d) your violation of these Terms or applicable law.
Changes
Optihint may revise these Terms from time to time and will post the most current version on our website. If Optihint, in its discretion, determines a change is material, we will notify you (e.g., via email to the address associated with your account). Other changes may be posted on our blog or on the Terms page. By continuing to access or use the Service after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, discontinue use of the Service.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIHINT AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPTIHINT AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE, OR ERROR-FREE; THAT IT WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR LOSS OF DATA. OPTIHINT DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE; OPTIHINT IS NOT A PARTY TO TRANSACTIONS BETWEEN YOU AND THIRD PARTIES AND DOES NOT MONITOR THEM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OPTIHINT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. OPTIHINT IS NOT LIABLE FOR (I) ERRORS, TYPOGRAPHICAL MISTAKES, OR INACCURACIES IN THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED VIA THE SERVICE; (VI) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VII) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL OPTIHINT’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO OPTIHINT UNDER THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF OPTIHINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IF APPLICABLE LAW PROHIBITS THESE LIMITATIONS, CERTAIN PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
General Legal Provisions
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Optihint without restriction. Any attempted transfer or assignment by you will be void. If Optihint and you cannot resolve a dispute after attempting informal resolution, we both agree to resolve any claim, dispute, or controversy (excluding any claims by Optihint for injunctive relief or other equitable remedies) arising out of or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), through binding arbitration administered by the American Arbitration Association (“AAA”) in San Francisco, California, in accordance with AAA’s Commercial Rules in effect at the time, except as provided herein. The arbitrator’s award may include arbitration costs, reasonable attorneys’ fees, and reasonable expert and other witness expenses, and any judgment on the award may be entered in any court of competent jurisdiction. Nothing in this section prevents Optihint from seeking injunctive or other equitable relief in court when necessary to protect its legal interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THESE TERMS, YOU AND OPTIHINT WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. These Terms are governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms, together with any amendments and any additional agreements you may enter into with Optihint in connection with the Service, constitute the entire agreement between you and Optihint regarding the Service. If any provision of these Terms is held invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a continuing waiver of such provision or any other provision, and Optihint’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. We may deliver notices to you, whether required by law or for marketing or other business purposes, by email, in writing or paper form, or by posting such notice on our website, as Optihint determines in its discretion. You may opt out of certain types of marketing messages through your account settings.