Terms of Use

Optivide Terms of Use

Effective: Sep 14, 2024 (Previous Version)

Introduction

Welcome to Optivide("we," "our," "us"). These Terms of Use ("Terms") govern your use of our website: https://optivide.com/ and any related services provided by us (collectively, the "Services"). The Terms govern your use of our Services. You must read and understand the Terms before using our Services. By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, which form a legally binding agreement between you and Optivide. If you do not agree with any part of the Terms, please do not use our Services.

1. Eligibility

You must be at least 13 years old or the minimum age to consent to use the Services. If you are under 18, you must have permission from your parents or legal guardian to use the Services. To purchase our Services, you must be eligible to work with a minimum age.

The minimum age to work may vary depending on the region; where there is no specific information, the International Labour Organization(ILO) guidance is recommended. By using our service, you represent and warrant that you meet and fulfill the eligibility requirements.

By using our Services, you represent and warrant that you meet the age requirement and that you accept and will comply with all the Terms. If we learn that information from users does not meet the eligibility, we may deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from users who are not eligible, please contact us at our provided contact details.

2. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security of your account by protecting your password and restricting access to your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Have the legal capacity and agree to comply with the Terms.

You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. If you discover anything unusual, you agree to notify Optivide immediately of any unauthorized use of your account or any other security breach. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with the Terms. In addition, you agree not to infringe on the rights of, restrict, or inhibit any third party’s use and enjoyment of our Services. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You agree not to:

• Use our Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm us, users of our Services, and any third parties.
• Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services. The action includes but not limited to excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s uninterrupted use.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Retrieve a huge portion of data or other content to create, reproduce or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Circumvent security-related features and modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, report, or maintenance of our Services.
• Harness, annoy, intimidate, infringe, or threaten any of our stakeholders or service providers engaged in providing any information about our Services.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the app, use of the app, or access to the app without express written permission by OpenFire LLC.
• Make any other unauthorized use of our Services.

When you use our Services, you understand and agree:

• You must assess the accuracy and suitability of the Output for your specific use case, and consider involving human review as needed.
• Output from our services may not always be accurate or complete.

4. Intellectual Property Rights

The content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, source code, trademark, service, data compilations, digital downloads, and software(collectively, the “Content”), are the exclusive property of Optivide and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All trademarks, service marks, and logos contained therein(the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The graphics used on our website are derived from Storyset.com, with their consent to use the license. For more information about the license usage of Storyset, please visit their website: https://storyset.com/illustration/indoor-plants/bro.

When you upload, submit, store, send, or receive content to or through our Services, you retain ownership of any intellectual property rights that you hold in that content.

Except expressly with our prior written permission, no part of the Content, Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use with clear Optivide reference. On top of that, we grant you a non-exclusive, non-transferable, revocable license to use our app strictly in accordance with the Terms. If you have any questions or concerns, we encourage you to contact us for clarification before using them. We reserve all rights not expressly granted to you in and to our website, the Content, and the Marks.

5. User Content

You may be able to chat, submit, post, display, transmit, perform, publish, distribute, or broadcast, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other content materials through our Services ("User Content").

By submitting User Content, you automatically grant us a non-exclusive, unrestricted, unlimited, transferrable, fully paid, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, reformat, modify, adapt, transmit, translate, create derivative works from, distribute, perform, and display such User Content in any media formats throughout any media channels. You waive all moral rights in your User Content and warrant that moral rights have not otherwise been asserted in your User Content.

You represent and warrant that:

• All of your User Content does and will comply with the Terms and all applicable law, regulation, and rules.
• All of your User Content is not unauthorized, false, inaccurate, misleading, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable(as determined by USA).
• All of your User Content does not ridicule, mock, disparage, intimidate, threaten, harass, solicit or abuse anyone or promote sexual and/or violence against a specific person or class of people.
• All of your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• You own or control all rights in and to the User Content and have the necessary licenses, rights, consents, releases, and permissions to use and authorize in any manner.
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• Have the written consent, release, and/or permission of each identifiable individual person in the content to use the name or likeness of each such person to enable inclusion and use of the content in the manner contemplated by the Services and the Terms.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

All User Content is non-confidential. However, we do not assert any ownership over your User Content except questions, comments, suggestions, ideas, and feedback provided by you to us. You retain full ownership of all other User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area. You are solely responsible for your User's Content and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

Any use of the Services in violation of the Terms and Privacy Policy may result in termination or suspension of your rights to use our Services. We have the right to pre-screen or delete any User Content at any time and for any reason without notice. We have no obligation to monitor your User Content.

6. Submissions

Any questions, comments, suggestions, ideas, or feedback provided by you are non-confidential and shall become our sole property. You agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right.

7. Copyright Infringements

We respect the intellectual property rights. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations. If you are not sure that material located on or links infringe your copyright, you should consider first contacting an attorney.

8. Mobile Application Use License

We grant you a revocable, non-exclusive, non-transferable, limited right to install our Services and use the mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) on wireless electronic devices owned or controlled by you, to access and use our Services, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. You acknowledge that the Terms are concluded between you and Optivide only, and not with App Distributor, and that App Distributor is not responsible for the Licensed Application and the content thereof.

You shall not

1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail or
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Optivide is solely responsible for providing any maintenance and support services with respect to the App, if such services are required. Users must acknowledge that App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify App Distributor to refund the purchase price. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

You acknowledge

1. Our Services will be maintained and supported by Optivide with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in the Terms or as otherwise required under applicable law. Each app distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
2. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the app distributor will have no other warranty obligation whatsoever with respect to the mobile application;
3. The app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in the Terms, and each app distributor will have the right(and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in the Terms against you as a third-party beneficiary thereof.

9. Third-Party Website

Our Services may contain links to other websites("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware the Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. Service Management

We cannot guarantee that our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right, but not the obligation, to

1. Monitor our Services for violations of the Terms.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms, including, without limitation, reporting such user to law enforcement authorities
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof.
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and manage to protect our rights and property to facilitate our system properly functioning.
5. Modify or discontinue all or part of our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Service.
6. Change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Service during any downtime or discontinuance of our Service. Nothing in the Terms will be construed to obligate us to maintain and support our Services or to supply any corrections, updates, or releases in connection therewith.

11. Privacy

Your use of our Services is also governed by our Privacy Policy, which can be found at https://optivide.com/privacypolicy. By using our Services, you consent to the processing of your personal data as described in our Privacy Policy.

If you access our Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. We encourage you to review our Privacy Policy regularly to stay informed about our information practices and the ways you can help protect your privacy.

12. Term and Termination

The Terms shall remain in full force and effect while you use our Services.

We reserve the right to terminate or suspend your access to all or part of our Services, without prior notice or liability, for any reason, including without limitation, if you breach the Terms. Upon termination, your right to use our Services will immediately cease.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Optivide, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including without limitation, loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our Services.
• Any content obtained from our Services
• Any conduct or content of any third party on the service
• Any interruption or cessation of transmission to or from our Services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services.

Even if we have been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to $500 USD. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

14. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to the Terms(each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and determined through binding arbitration. Any arbitration shall be governed by the laws of the state of Delaware and refer to the international arbitration industry practice(ex: Arbitration of the American Arbitration Association, etc) without giving effect to the principles of conflict of laws. No arbitration shall be joined with any other proceeding.

The arbitration shall be conducted through written documents and/or recorded videos/audio. The default arbitration is hosted online unless otherwise requested and agreed by both parties.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.

The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The following disputes are not subject to informal negotiation and binding arbitration

1. Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
2. Any Dispute related to, or arising from, allegations of theft or unauthorized use
3. Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the court.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. People who visit our website and access our Services are solely responsible for compliance with local laws and any other extent local laws applicable.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting a notice or sending a notification. What constitutes a material change will be determined at our sole discretion. We encourage you to periodically review the terms of use policy to stay informed. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms and have been made aware of the changes.

17. Disclaimer

Our Services are provided on an as-is and as-available basis. You agree that your use of our Services will be at your sole risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our Services, and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy, timely, error-free, secure, uninterrupted, or completeness of our service and assume no liability or responsibility for any

1. Errors, mistakes, or inaccuracies of content and materials
2. Personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Services
3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
4. Any interruption or cessation of transmission to or from the site,
5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

No advice or information, whether oral or written, obtained by you from our Services or through the Services will create any warranty not expressly stated herein.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your User Content
2. Use of our Services
3. Breach of the Terms
4. Your violation of the rights of a third party, including but not limited to intellectual property rights or any overt harmful act toward any other user of our Services with whom you connected.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on our Services satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. Miscellaneous

The terms and our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms or use of our Services. You agree that the Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the parties hereto to execute the Terms.

21. Payment & Subscription

Annual Subscription

When you purchase an annual subscription, you gain access to the pro features of financial planning services designed to enhance your financial confidence. The annual subscription pricing please visit the pricing page here: https://optivide.com/pricing.

Auto-Renewal

Your subscription will automatically renew each year, and your account will be charged the annual subscription cost within 24 hours prior to the end of the current subscription period unless auto-renewal is turned off beforehand. You can manage your subscription and turn off auto-renewal by going to the account settings.

Cancellation Policy

We provide a standard first 30-day fully-refund policy. The amount of refund will be deducted due to transaction costs. After the first 30 days, there will be no refund.

You may cancel the subscription at any time. The cancellation will take effect at the end of each 12-month period, allowing you to enjoy the pro features of our Services until the end of your subscription term.

If you choose to stop the service after the first 30 days, you hereby agree to pay all the residual annual fees at once within 7 days. For instance, if you stop using the service after 4 months, you will pay the residual expenses for the next 8 months within 7 days of your service termination.

Managing Your Subscription You have complete control over your subscription and auto-renewal preferences through your settings. Any changes to your subscription status, including disabling auto-renewal, must be made at least 24 hours before the end of the current subscription period to avoid being charged for the next cycle.

Changes to Subscription Terms Optivide reserves the right to modify subscription prices, features, or terms at any time. We will provide at least 30 days' notice before any changes take effect, allowing you to make informed decisions about your subscription.

22. Contact Us

If you have any questions/complaints about these Terms, please contact us at:

• Name: Optivide, Inc.
• Address: 8 The Green #10619Dover, DE 19901, United States
• Email: office@optivide.com
• Phone: +1 (302) 219-5182