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 Service (“Terms”) govern your access to and use of Optihint websites, services, and applications (collectively the “Service”). Your access to and use of the Service is conditioned on 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 are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to 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, refine or add features, often without prior notice to you. In addition, Optihint may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
Acceptable Use of Optihint
Optihint is trusted by 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, do any of the following: use the Service for unlawful purposes or to promote illegal activities; access or reverse engineer the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service; publish or perform benchmark or performance tests or analysis relating to the Service without express authorization from Optihint; utilize information provided by the Service to create a service similar to Optihint, including but not limited to text analysis services, metadata extraction, retrieval or entity extraction services, and content categorization services; republish information provided by Optihint in bulk format; use the Service to reproduce copyrighted materials in violation of rights holders; make the Service available over a network (other than Optihint’s network) where it could be used by others; translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Service, or any portion of them; circumvent any technology used by Optihint or its licensors to protect information accessible via the Service; sell, rent, lease, transfer, or sublicense any part of the Service unless you are part of an applicable Enterprise plan; enable a third party to access Optihint by bypassing these Terms or the registration process, including via proxy servers, spiders, scraping robots, or other technology; distribute, facilitate, or enable access to the Service in any manner Optihint reasonably deems objectionable or harmful to its business or reputation; use the Service in conjunction with deep packet inspection or any form of network surveillance technology; use the Service to monitor Internet or other telecommunications traffic; or use the Service in any way 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 immediately terminate your account without further notice.
Subscriptions
You may purchase a subscription to the Service. Subscription sizes and pricing are at Optihint’s discretion and may change. To initiate a subscription you must provide a valid debit or credit card. When you confirm a subscription on Optihint, you agree to be bound by and pay for that purchase. Subscriptions typically renew automatically at the end of the chosen billing period (monthly, quarterly, or annual) on the same payment terms. You may upgrade your subscription at any time through your account dashboard; upgrades are invoiced at the new subscription price and prorated adjustments are applied in the next billing cycle. You may downgrade your subscription at any time; the downgrade takes 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 portions of the current billing cycle following 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 charged you in error, you must contact Optihint within 90 days of the charge. No refunds are available for charges older than 90 days. If you pay by debit card and incur an overdraft or bank fee as a result of a payment, you are responsible for that fee. If your subscription is cancelled, Optihint will maintain resources generated by your subscription. Optihint reserves the right to delete any resources generated by a subscription that have not been updated within 90 days.
Your Account
You must provide accurate information when creating your Optihint account. Your account gives you access to Services and functionality that Optihint may establish and maintain in its sole discretion. Different account types may be available for different user or organization categories. If you connect to Optihint via a third-party service, you authorize Optihint to access and use information from that service as permitted by the service and to store your login credentials for that service. You may not use another user’s account without permission. All of your data will be permanently deleted from the Service if you cancel your account or Optihint terminates your account in accordance with these Terms. This information cannot be recovered once deleted. Termination of the Service results in 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, in its sole discretion, suspend or terminate your account, issue warnings, or refuse current or future use of the Service without prior notice.
Account Security
You are responsible for safeguarding the password and any API keys used to access the Service, and for all activities that occur under your account credentials. We encourage using strong passwords that combine upper and lower case letters, numbers, and symbols. You agree not to disclose your password or API keys to third parties. Optihint is not liable for losses arising from your failure to protect your account credentials. You must notify Optihint immediately if you become aware of any breach of security or unauthorized use of your account.
Your Content
You understand that all content you input, post, transmit, stream, or upload to the Service is your sole responsibility. This means that you, and not Optihint, are entirely responsible for all data that you input, upload, post, stream, transmit, or otherwise make available via your account. Optihint does not control the 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 be the owner of, have rights to use, or be authorized to use public data for all data sources you create within Optihint. Your data sources must not be obtained by fraud, involve counterfeit or stolen data, or have been acquired by any unlawful or ethically objectionable method. Your data sources must not infringe any third party’s copyright, patent, trademark, trade secret, privacy, or other proprietary rights. Your data sources must not violate any law, statute, ordinance, or regulation (including those governing export control or consumer protection). Your data sources must not create liability for Optihint or cause Optihint to lose (in whole or in part) the services of its ISPs or other suppliers. Your data is treated as confidential by Optihint as set forth in our Privacy Policy. Notwithstanding the foregoing, a recipient of confidential information will not be in violation of these Terms with respect to a disclosure made in response to a valid order by a court or other governmental authority, nor will Optihint be in violation if it discovers that you intend to use the Service to further an impermissible purpose or to commit or plan a crime.
Optihint’s 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 reserves all rights not expressly granted in these Terms. Optihint may terminate this license at any time for any reason or for no reason.
Optihint Property, Copyrights and Feedback
All right, 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 the right to use the Optihint name or any Optihint 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 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 personally identifiable and non-personally identifiable information as described in our Privacy Policy. By using the Service, you agree to Optihint’s collection, use, transfer, and processing of 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 other party’s access or use of the Service with your username, password, or API keys; or (d) your breach of these Terms or applicable law.
Modifications
Optihint may revise these Terms from time to time and will post the most current version on our website. If Optihint, in its sole discretion, determines a revision is material, we will notify you (for example, via email to the address associated with your account). Other changes may be posted to our blog or Terms page. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, stop using 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, WHETHER 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 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 WARRANT, ENDORSE, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICE OR ANY HYPERLINKED SITE; OPTIHINT IS NOT A PARTY TO, NOR DOES IT MONITOR, TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIHINT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE. OPTIHINT IS NOT LIABLE FOR (I) ERRORS, 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 HARMFUL CODE TRANSMITTED THROUGH THE SERVICE; (VI) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL OPTIHINT’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO OPTIHINT UNDER THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIM IS BASED ON 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, THEN CERTAIN PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Miscellaneous Legal Terms
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 null and void. If Optihint and you are unable to resolve a dispute after attempting informal resolution, we each agree to resolve any claim, dispute, or controversy (excluding any Optihint claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration administered by the American Arbitration Association (“AAA”) in the city of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section prevents Optihint from seeking injunctive or other equitable relief from the courts as necessary to protect Optihint’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THESE TERMS, YOU AND OPTIHINT EACH WAIVE THE RIGHT TO A TRIAL BY JURY 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 application of 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 concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any provision of these Terms shall 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 shall not constitute a waiver of such right or provision. We may provide notices to you, whether required by law or for marketing or other business purposes, via email, written or hard copy notice, or by posting such notice on our website, as determined by Optihint in its sole discretion. You may opt out of certain types of marketing communications through your account settings.