Welcome to Optimyze360. These Terms and Conditions ("Terms") govern your access to and use of our AI-powered marketing automation platform, services, and website (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, please do not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using Optimyze360, you agree to:

• Comply with these Terms and all applicable laws and regulations
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the authority to enter into this agreement
• Provide accurate and complete information

2. Account Registration and Security

2.1 Account Creation

To use our Services, you must:

• Create an account with accurate information
• Choose a strong, unique password
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access

2.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to:

• Not share your account credentials with others
• Not create multiple accounts for fraudulent purposes
• Not use another person's account without permission
• Accept full responsibility for all actions taken through your account

3. Subscription and Billing

3.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to pay all fees associated with your chosen plan.

3.2 Payment

• Fees are billed in advance on a monthly or annual basis
• All fees are in USD unless otherwise specified
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension

3.3 Refunds

We offer a 14-day money-back guarantee for new subscriptions. After this period, fees are non-refundable except as required by law or at our sole discretion.

3.4 Plan Changes

You may upgrade or downgrade your plan at any time. Changes take effect at the start of the next billing cycle unless otherwise specified.

3.5 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services for:

• Creating and managing marketing campaigns
• Analyzing marketing performance and analytics
• Managing social media accounts and content
• Utilizing AI-powered marketing tools and recommendations
• Integrating with third-party marketing platforms

4.2 Prohibited Activities

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Send spam, unsolicited communications, or illegal content
• Engage in fraudulent, deceptive, or misleading practices
• Upload malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Use our Services to compete with us or build similar products
• Scrape, mine, or harvest data from our platform
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt our Services or servers

5. Intellectual Property Rights

5.1 Our IP

All rights, title, and interest in the Services, including software, designs, trademarks, and content, are owned by Optimyze360. You do not acquire any ownership rights by using our Services.

5.2 Your Content

You retain ownership of all content you create, upload, or share through our Services ("Your Content"). By using our Services, you grant us a license to use, store, process, and display Your Content as necessary to provide the Services.

5.3 Feedback

Any feedback, suggestions, or ideas you provide to us become our property, and we may use them without any obligation to you.

6. AI-Generated Content

Our Services include AI-powered features that generate marketing content, recommendations, and insights. You acknowledge that:

• AI-generated content should be reviewed before publication
• We do not guarantee the accuracy, quality, or suitability of AI-generated content
• You are responsible for ensuring content complies with applicable laws and platform policies
• You retain ownership of content generated using our AI tools
• We may use anonymized data to improve our AI models

7. Third-Party Integrations

Our Services integrate with third-party platforms (social media, advertising networks, etc.). You acknowledge that:

• You must comply with each platform's terms of service
• We are not responsible for third-party platforms' actions or policies
• Integration availability may change without notice
• You authorize us to access your accounts on third-party platforms as necessary

8. Data and Privacy

Our collection and use of your data is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

9. Service Availability and Modifications

9.1 Availability

We strive to provide reliable Services but do not guarantee uninterrupted or error-free access. We may experience downtime for maintenance, updates, or unforeseen circumstances.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable for any modifications or discontinuation of Services.

10. Disclaimers and Warranties

We disclaim all warranties, express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Accuracy, reliability, or completeness of content or results
• Uninterrupted, secure, or error-free operation
• Achievement of specific marketing outcomes or ROI

11. Limitation of Liability

Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

We are not liable for:

• Lost profits, revenue, data, or business opportunities
• Third-party actions or platform changes
• Your misuse of the Services
• Unauthorized access to your account
• Content or data loss

12. Indemnification

You agree to indemnify, defend, and hold harmless Optimyze360 and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Termination

13.1 By You

You may terminate your account at any time through your account settings or by contacting us.

13.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay required fees
• Pose a security or legal risk

13.3 Effect of Termination

Upon termination:

• Your access to the Services will cease
• Your data may be deleted after 90 days
• You remain liable for any outstanding fees
• Provisions that should survive termination will remain in effect

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, please contact us at legal@optimyze360.com to seek resolution.

14.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions, except where prohibited by law.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Optimyze360 is registered, without regard to conflict of law principles.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Optimyze360 regarding the Services.

16.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Services. Your continued use after changes take effect constitutes acceptance of the modified Terms.

18. Contact Us

If you have questions about these Terms, please contact us: