1. Introduction & Agreement to Terms
These Terms of Service ("Terms," "Agreement") constitute a binding legal agreement between OptAI AG ("Company," "we," "us," "our") and you ("Customer," "you," "your") regarding your use of the OptAI platform and services.
By accessing, creating an account, or using OptAI services—including but not limited to our web platform, DNS redirection service, API, and analytics dashboards—you agree to be bound by these Terms.
If you do not agree to these Terms, you may not use OptAI services.
Effective Date: October 28, 2025
2. Definitions
"Platform": The OptAI website, web application, API, and all associated services
"Customer": Any individual or organization that creates an account or uses OptAI services
"Website": Any third-party website operated by you that integrates OptAI services (including via DNS redirection)
"Content": Any data, traffic, submissions, or other information processed through OptAI
"Services": All software, features, and functionality provided by OptAI, including traffic analysis, SEO visibility scoring, and automated recommendations
"DNS Redirection": The process by which you redirect your website's DNS to route traffic through OptAI's infrastructure
3. Eligibility & Account Registration
3.1 Age & Legal Capacity
You represent and warrant that:
You are at least 18 years old (or the legal age of majority in your jurisdiction)
You have the legal authority to enter into this Agreement
You are not prohibited by law from using OptAI services
3.2 Business Account
You are at least 18 years old (or the legal age of majority in your jurisdiction)
3.3 Account Registration
To create an account, you must:
Provide accurate, complete, and current information
Maintain the confidentiality of your password and login credentials
Notify us immediately of any unauthorized access to your account
Accept responsibility for all activities under your account
We reserve the right to refuse or terminate accounts that violate these Terms or our Acceptable Use Policy.
4. Services & Acceptable Use
4.1 Service Description
OptAI provides:
AI-powered traffic analysis and insights
Search engine visibility scoring
Automated content recommendations
DNS-based website optimization
Services are provided on an "as-is" basis and may be updated or modified at our discretion.
4.2 Acceptable Use Policy
You agree not to use OptAI for:
Illegal Activities:
Violating any local, state, national, or international law or regulation
Facilitating fraud, phishing, hacking, or unauthorized access
Distributing malware, ransomware, or other harmful code
Money laundering or financing illegal activities
Abusive Behavior:
Harassing, defaming, threatening, or intimidating others
Violating anyone's intellectual property, privacy, or other legal rights
Spam, mass solicitation, or unsolicited communications
DoS (Denial of Service) attacks or deliberate infrastructure disruption
Deceptive Practices:
Impersonating individuals or organizations
Misrepresenting the origin or content of data
Manipulating search results or artificially inflating traffic metrics
Creating false analytics or misleading reports
Content Violations:
Publishing content that is obscene, defamatory, or hateful
Distributing non-consensual intimate imagery
Content promoting violence, discrimination, or exploitation
4.3 Monitoring & Enforcement
We reserve the right to:
Monitor your use of OptAI for compliance with these Terms
Suspend or terminate your account immediately if we detect abuse
Report illegal activity to relevant authorities
Cooperate with law enforcement investigations
5. DNS Redirection & Traffic Processing
5.1 DNS Redirection Service
If you elect to use OptAI's DNS redirection service:
You redirect your domain's DNS records to route traffic through OptAI's infrastructure
OptAI acts as an intermediary between your visitors and your website
We analyze traffic, apply optimizations, and provide insights
5.2 Website Owner Responsibilities
By using DNS redirection, you:
Warrant that you have authority to modify DNS records for the domain
Are responsible for informing your website visitors that traffic is being routed through OptAI
Must include OptAI in your website's privacy policy and disclose data processing
Assume responsibility for visitor content and interactions
5.3 Visitor Data Processing
OptAI processes visitor data (traffic source, keywords, geolocation, etc.) to provide insights
You remain the data controller; OptAI acts as your data processor
OptAI is a co-processor for visitor data and shares certain processing responsibilities with you
5.4 No Guarantee of Uptime or Performance
OptAI makes no guarantee regarding:
Website uptime or availability
Traffic improvement or SEO ranking changes
Accuracy of insights or recommendations
Prevention of attacks, downtime, or service interruptions
6. Payment Terms & Billing
6.1 Pricing & Payment
Pricing: Listed on our Platform; subject to change with 30 days' notice
Billing Cycle: Monthly, annual, or as specified in your invoice
Invoicing: Billed automatically to your registered payment method
Trials: Limited-time trials are subject to these Terms upon expiration
6.2 Payment Methods
We accept:
Credit cards (Visa, Mastercard, American Express)
Bank transfers (for certain jurisdictions)
Third-party payment processors (Stripe, PayPal)
By providing payment information, you authorize us to charge your account for services rendered.
6.3 Billing Disputes
Disputed charges must be reported within 30 days of billing
We will investigate and resolve disputes in good faith
Chargebacks without prior notification may result in account termination
6.4 Non-Payment
If payment fails or is declined:
We may suspend your account pending payment
Late fees may apply (as permitted by law)
We may refer overdue accounts to collections
6.5 Refund Policy
Trial Period: Full refund if cancelled within 14 days of trial start
Paid Services: No refund for used services; refunds issued only for billing errors or service failures
Annual Plans: Refunds subject to our refund policy; prorated refunds for early cancellation may apply
7. Intellectual Property Rights
7.1 OptAI IP
All content, software, features, and materials on the Platform—including the OptAI logo, design, algorithms, and code—are owned by OptAI or licensed to OptAI and are protected by copyright, trademark, patent, and other intellectual property laws.
You may not:
Reverse-engineer, decompile, or attempt to derive the source code
Reproduce, modify, or create derivative works
Sell, lease, or license OptAI intellectual property
Remove or obscure copyright or proprietary notices
7.2 Your Content
You retain ownership of any content you upload, submit, or generate using OptAI ("Your Content").
By using OptAI, you grant us a non-exclusive, royalty-free, worldwide license to:
Process, analyze, and store Your Content
Create anonymized, aggregated insights from Your Content
Use Your Content to improve our algorithms and services
Display aggregate analytics to you
You warrant that Your Content:
Does not infringe third-party intellectual property rights
Does not violate privacy, publicity, or other legal rights
Is obtained lawfully and is yours to share
7.3 Third-Party Content
OptAI may contain third-party content (images, libraries, APIs). Use is governed by applicable licenses and attributions.
8. Limitation of Liability
8.1 Disclaimers
OPTAI SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:
Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties regarding accuracy, completeness, timeliness, or reliability of content or insights
Warranties that the Platform will be error-free, uninterrupted, or secure
8.2 No Liability for Third-Party Services
OptAI is not responsible for:
Third-party payment processors, analytics platforms, or cloud infrastructure providers
Downtime, data loss, or failures of third-party services
Actions or omissions of third parties
8.3 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OptAI's total liability to you for any claim arising out of or related to these Terms, the Platform, or your use of Services shall not exceed:
The amount you paid OptAI in the 12 months preceding the claim, or
CHF 100 (if you have not paid anything)
8.4 Excluded Damages
IN NO EVENT SHALL OPTAI BE LIABLE FOR:
Indirect, incidental, consequential, special, or punitive damages
Lost profits, revenue, data, or business opportunities
Reputational harm or loss of goodwill
Costs of cover or substitute goods or services
This applies even if OptAI has been advised of the possibility of such damages.
8.5 Basis of the Bargain
These limitations are a fundamental basis of the pricing and terms of this Agreement. If any limitation is found unenforceable, liability will be limited to the maximum extent permitted by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless OptAI, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your use of OptAI services
Your violation of these Terms
Your violation of any law or third-party rights
Your Content or Website
Visitor complaints or disputes related to your Website
This indemnification does not apply to claims arising solely from OptAI's gross negligence or willful misconduct.
10. Data Processing & Privacy
10.1 Compliance with Privacy Policy
Your use of OptAI is governed by our Privacy Policy. By using OptAI, you consent to the collection and processing of data as described in the Privacy Policy.
10.2 Your Responsibility as Data Controller
You represent and warrant that:
You have obtained all necessary consents from visitors to process their data through OptAI
Your Website's privacy policy discloses OptAI's data processing
You comply with GDPR, FADP, CCPA, and other applicable data protection laws
You provide visitors with the right to access, delete, and port their data
Violations of data protection laws are your sole responsibility.
10.3 Data Retention & Deletion
OptAI will retain your data as described in the Privacy Policy. Upon account termination, OptAI will delete your data within 90 days (excluding legally mandated retention).
11. Term & Termination
11.1 Term
These Terms commence on the date you first accept them and continue for as long as you use OptAI services, unless terminated earlier.
11.2 Termination by You
You may terminate your account at any time by:
Notifying OptAI in writing (email: support@optai.com)
Requesting account deletion through your account settings
Non-renewal of paid plans at the end of the billing cycle
11.3 Termination by OptAI
OptAI may terminate or suspend your account:
For Cause: Immediately, if you violate these Terms, including Acceptable Use Policy, or engage in illegal activity
For Convenience: With 30 days' written notice (except for abuse or legal violations)
Trial Accounts: Without notice, if you exceed trial usage limits
11.4 Effects of Termination
Upon termination:
Your access to the Platform is immediately revoked
Your paid services cease (no pro-rata refund, except where required by law)
Your data is deleted within 90 days (see Section 10.4)
Provisions that survive termination (IP rights, limitations of liability, indemnification) remain in effect
12. Dispute Resolution & Governing Law
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. Any reference to "law" includes all applicable federal, cantonal, and municipal laws.
12.2 Arbitration (Preferred)
BOTH YOU AND OPTAI AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT, EXCEPT FOR INJUNCTIVE RELIEF.
Arbitration Procedure:
Arbitrator: Single arbitrator selected under Swiss arbitration rules
Venue: Zug, Switzerland
Rules: Swiss Rules of International Arbitration (SRIA)
Language: English
Costs: Each party bears its own costs; arbitrator fees split equally unless arbitrator determines otherwise
Appeal: Limited right to appeal on questions of law only
12.3 Mediation (Alternative)
Prior to arbitration, the parties agree to attempt good-faith mediation:
Duration: 30 days from notice of dispute
Mediator: Neutral third party mutually agreed upon
Venue: Zurich, Switzerland or virtual
Costs: Split equally
If mediation fails, either party may proceed to arbitration.
12.4 Exceptions
The following are not subject to arbitration and may be brought in Swiss courts:
Intellectual property disputes (trademark, patent, copyright infringement)
Requests for injunctive relief to prevent irreparable harm
Claims by OptAI for payment owed
12.5 Informal Resolution
Before initiating arbitration or mediation, either party may contact the other to attempt informal resolution over 15 days.
12.6 Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
13. Compliance & Legal Obligations
13.1 Export Controls
OptAI services comply with Swiss and applicable international export control laws. You may not use OptAI for:
Exporting to sanctioned countries (as per Swiss/UN/EU sanctions lists)
Facilitation of weapons development or proliferation
Sales to sanctioned individuals or entities
13.2 Anti-Corruption
You represent that you will comply with anti-corruption and anti-bribery laws, including the Swiss Anti-Corruption Act and the U.S. Foreign Corrupt Practices Act (FCPA).
13.3 Sanctions Compliance
OptAI does not provide services to individuals or entities on OFAC, EU, or Swiss sanctions lists.
14. Modifications to Terms & Services
14.1 Changes to Terms
OptAI may modify these Terms at any time. Material changes will be communicated via:
Email notification (sent to your registered email)
In-app notification (displayed in your dashboard)
Updated effective date on the Terms page
Continued use of OptAI after modifications constitute acceptance of the updated Terms.
14.2 Changes to Services
OptAI may modify, suspend, or discontinue services at any time. If we discontinue a material feature:
We will provide 30 days' notice
You may terminate without penalty during the notice period
If you have a paid plan, a prorated refund will be issued
15. Miscellaneous Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and Data Processing Agreement (if applicable), constitute the entire agreement between you and OptAI regarding your use of the Platform. Any prior agreements, understandings, or negotiations are superseded.
15.2 Severability
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be reformed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.3 Waiver
OptAI's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights/obligations hereunder without OptAI's prior written consent. OptAI may assign these Terms to affiliates or successors.
15.5 Force Majeure
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control (e.g., acts of God, war, natural disasters, pandemics), provided the affected party provides prompt notice.
15.6 Counterparts
These Terms may be executed in counterparts (including electronic signatures), each of which is deemed an original, collectively forming one instrument.
15.7 Notices
Legal notices to OptAI must be sent by registered mail or email to:
Notices are deemed received upon email confirmation or 5 business days after mailing.
16. Contact & Support
For questions, support, or legal notices:
OptAI Support:
