Terms of Service for Optima SaaS Platform
Effective Date: December 12, 2024
Optima AI by Liketazo LLC is a Liketazo LLC brand, from now on "Optima". These Terms of Service (“Terms”) govern your use of our software-as-a-service (SaaS) platform (“Platform”). By signing up for, accessing, or using the Platform, you agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you may not use the Platform.
1. Definitions
• “Platform”: The SaaS software provided by Optima, including tools, services, features, and related documentation.
• “User” or “You”: Any individual or entity accessing the Platform.
• “Content” : All data, text, files, and other materials uploaded, created, or shared through the Platform.
• “Agreement” : This document, including any policies referenced herein or addendums related to specific services.
• “Third-Party Services” : Services provided by entities other than Optima that may integrate with or operate alongside the Platform.
2. Acceptance of Terms
By creating an account, accessing, or using the Platform, you agree to:
Legal Authority: Confirm that you are at least 18 years old and have the legal authority to enter into this Agreement. Compliance: Comply with these Terms and all applicable laws and regulations.
3. Restrictions
• Age Restriction: You must be at least 18 years old to use the Platform. By creating an account or using the Platform, you represent and warrant that you meet this age requirement.
• Competitor Restriction : You may not use the Platform if you are an employee, partner, or director of a competitor or if your intent is to access the Platform to gain competitive advantage. Accessing the Platform for competitive analysis or benchmarking is strictly prohibited.
•Prohibited Uses: You agree not to:
• Reverse-engineer, decompile, or disassemble any part of the Platform.
• Use the Platform for illegal, harmful, or unauthorized purposes.
• Attempt to gain unauthorized access to the Platform or interfere with its operation.
4. Compliance
You are responsible for ensuring that your use of the Platform and any related services adheres to applicable laws and standards. This includes:
Data Responsibility: Ensuring the quality, accuracy, and legality of any data uploaded to the Platform. Optima is not responsible for verifying the validity or accuracy of your data.
Legal Obligations: Adhering to laws such as HIPAA (for healthcare data), GDPR (for data privacy in the EU), CCPA (for consumer privacy in California), and other relevant regulations.
No Guarantee of Compliance: Optima provides tools to facilitate your business operations but does not guarantee that your use of the Platform ensures compliance with any specific legal or regulatory requirements. You are solely responsible for maintaining compliance.
5. Privacy
• Consent : By using the Platform, you consent to Optima’s use of your data as outlined in our Privacy Policy.
• User Responsibility: If you provide access to your customers or employees through the Platform, you must:
• Enforce your own Privacy Policy that provides protection at least equal to Optima’s.
• Obtain explicit consent from your customers to share their data with Optima.
• Data Storage: Optima is not liable for the deletion or failure to store any data uploaded or transmitted through the Platform.
6. Login Credentials
• Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Any activity under your account is deemed authorized by you, whether or not you approved it.
• Notification of Breach: You must notify Optima immediately if you suspect unauthorized use of your account or credentials.
• Non-Transferability: Accounts are non-transferable. Optima reserves the right to disable accounts that violate these Terms.
7. Use of Communication Services
The Platform includes features for sending communications, such as SMS, email, and voice calls. By using these services:
Exclusive Responsibility: You are responsible for the content and legality of all communications sent through the Platform. Compliance with Laws: You must comply with all applicable laws, including:
• Telephone Consumer Protection Act (TCPA): Ensuring recipients consent to receive SMS or calls.
• CAN-SPAM Act: Following email marketing rules.
• Do Not Call Registry Rules: Adhering to telemarketing regulations.
Liability Disclaimer: Optima is a technology provider and does not initiate communications. You bear sole responsibility for compliance.
8. Third-Party Services
• Integration:
The Platform may allow you to connect with Third-Party Services. These integrations are managed solely at your discretion and risk.
• Data Sharing:
By enabling Third-Party Services, you grant Optima permission to share your data with these services as necessary for integration.
• No Liability: Optima is not responsible for the actions or content of Third-Party Services, including data accuracy, service outages, or regulatory compliance.
9. Platform Updates
Optima may update or modify the Platform at its sole discretion. Updates may:
Add, remove, or alter features or functionalities. Impact compatibility with Third-Party Services or prior configurations. Be deployed without prior notice to users.
10. Artificial Intelligence Acceptable Use Policy
If the Platform includes AI features:
• Jurisdictional Compliance: Ensure AI usage is permitted in your jurisdiction.
• Prohibited Uses: AI features may not be used for:
• Illegal, harmful, or discriminatory purposes.
• Generating content that violates intellectual property rights.
• Providing professional advice (e.g., legal, medical, or financial) without proper licensing.
• Disclosure: You must inform users when interacting with AI-based systems.
11. Payment and Fees
Subscription Fees: Payments for subscription services must be made in advance. Usage-based fees (e.g., for SMS communications) are billed monthly.
Non-Refundable: All payments are final and non-refundable unless required by law.
Late Payments: Accounts with overdue balances may be suspended or terminated.
Billing Disputes: Disputes must be submitted in writing within 30 days of the billing date.
12. Termination
Optima reserves the right to terminate your account for:
Non-payment of fees. Breach of these Terms. Illegal or harmful use of the Platform.
Upon termination, all access to the Platform and data stored within will be revoked.
13. Disclaimer of Warranties
The Platform is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose. Optima does not guarantee uninterrupted service or error-free performance.
14. Limitation of Liability
To the fullest extent permitted by law:
• Optima's liability for any claims related to the Platform is limited to the amount paid by you in the three months preceding the claim.
• Optima is not liable for indirect, incidental, or consequential damages.
15. Indemnification
You agree to indemnify and hold Optima harmless from any claims, damages, or liabilities arising from:
Your use of the Platform. Breach of these Terms. Failure to comply with applicable laws.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of Puerto Rico. Any disputes will be resolved through binding arbitration in Puerto Rico.
17. Contact Information
For questions or concerns about these Terms, contact us at:
• Email: [email protected]
• Phone:787-419-0809
• Address: 1250 Ave Ponce de Leon, Ste 301 PMB 1207, San Juan Puerto Rico, 00907