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Optymizer

Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using Optymizer's website, services, or AI agents ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access our Services.

2. Services Offered

Optymizer provides:

  • AI Agents: Lead booking, RAG knowledge base, dispatch copilot, SEO meta optimizer, offer bandit
  • Marketing Services: Local SEO, Google Ads management, website optimization
  • Consulting: Growth strategy, multi-location scaling, conversion optimization
  • Technology Solutions: Website development, Core Web Vitals optimization, A/B testing

Service availability, features, and pricing may change. We'll notify you of material changes.

3. Eligibility

You must be:

  • At least 18 years old
  • Authorized to represent your business
  • Operating a legitimate, legal business
  • Capable of forming a binding contract

4. Account Registration

When creating an account or engaging our services:

  • Provide accurate, complete, and current information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

5. Payment Terms

Pricing & Billing:

  • Pricing is agreed upon in your service contract or proposal
  • Monthly retainers are billed in advance on the 1st of each month
  • Project-based work may require deposits (typically 50% upfront)
  • Invoices are due within 15 days unless otherwise agreed
  • Late payments may incur a 5% monthly fee or service suspension

Refunds:

  • Monthly retainers are non-refundable once services commence
  • Project deposits are non-refundable after work begins
  • Refund eligibility is evaluated case-by-case for extraordinary circumstances

Third-Party Costs:

You're responsible for third-party costs (Google Ads spend, domain registration, hosting, AI API usage) unless explicitly included in your package.

6. Service Level & Performance

Our Commitments:

  • Deliver services with professional skill and care
  • Meet agreed-upon timelines and deliverables
  • Provide monthly reporting and transparent communication
  • Respond to support requests within 1-2 business days

No Guarantees:

  • We cannot guarantee specific rankings, traffic, or revenue results
  • SEO and marketing outcomes depend on many factors outside our control (competition, Google algorithm changes, market conditions)
  • AI agents are trained for high accuracy but may occasionally make errors
  • Past results for other clients do not guarantee future performance

7. Client Responsibilities

You agree to:

  • Provide timely access to necessary accounts (Google Ads, Google Business Profile, website)
  • Supply accurate business information and content
  • Respond to requests for feedback or approval within agreed timeframes
  • Comply with all applicable laws and platform policies
  • Not engage in fraud, spam, or deceptive practices

8. Intellectual Property

Your Content:

You retain ownership of all content you provide (logos, photos, text). By providing content, you grant us a license to use it for delivering services.

Our IP:

We retain ownership of:

  • AI agent algorithms, training data, and proprietary systems
  • Marketing methodologies, frameworks, and processes
  • Code, designs, and templates we create (unless work-for-hire is specified)

Deliverables:

Upon full payment, you receive a license to use deliverables (websites, ads, content) for your business. We may showcase your work in our portfolio unless you request otherwise.

9. Confidentiality

Both parties agree to:

  • Keep confidential information (strategies, data, financials) private
  • Not disclose confidential info without written consent
  • Use confidential info solely for the purpose of this agreement

Confidential information excludes publicly available data or information disclosed with permission.

10. Term & Termination

Contract Duration:

  • Monthly retainers: 30-day rolling contracts (30 days' notice to cancel)
  • Project work: Ends upon project completion or mutual agreement
  • Annual contracts: Terms specified in your agreement

Termination by Either Party:

  • Either party may terminate with 30 days' written notice
  • Immediate termination for breach of contract (non-payment, misuse, illegal activity)
  • Upon termination, you remain liable for all outstanding fees

Post-Termination:

  • We'll provide final reporting and transfer relevant assets
  • Access to proprietary systems (AI dashboards, tools) ends immediately
  • You retain ownership of content and deliverables (if paid in full)

11. Limitation of Liability

To the fullest extent permitted by law:

  • No Consequential Damages: We're not liable for lost profits, revenue, data, or business opportunities
  • Liability Cap: Our total liability is limited to the amount you paid us in the 3 months prior to the claim
  • Force Majeure: Not liable for delays or failures due to circumstances beyond our control (natural disasters, pandemics, platform outages)

12. Indemnification

You agree to indemnify and hold Optymizer harmless from claims arising from:

  • Your use of our services in violation of these Terms
  • Your content or business practices (copyright infringement, false advertising)
  • Third-party claims related to your business operations

13. Disclaimers

Services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including:

  • Merchantability or fitness for a particular purpose
  • Uninterrupted or error-free service
  • Specific results (rankings, leads, revenue)
  • Accuracy of AI-generated content or recommendations

14. Dispute Resolution

Informal Resolution:

Before formal proceedings, contact us at support@optymizer.com to resolve disputes amicably.

Arbitration:

Any disputes not resolved informally will be settled by binding arbitration under the rules of the applicable arbitration authority in your jurisdiction.

Governing Law:

These Terms are governed by the laws of Israel (our primary business location), without regard to conflict of law principles.

15. Changes to Terms

We may update these Terms periodically. Changes will be posted with an updated "Last Updated" date. Continued use after changes constitutes acceptance. For material changes, we'll notify you via email.

16. Miscellaneous

  • Entire Agreement: These Terms, along with your service contract, constitute the entire agreement
  • Severability: If any provision is unenforceable, the remaining provisions remain in effect
  • Waiver: Failure to enforce a right does not waive that right
  • Assignment: You may not transfer your rights without our consent. We may assign our rights as needed.

17. Contact Us

For questions about these Terms:

Summary (Not Legal Advice)

We'll deliver great work. You'll pay on time and give us what we need to do our job. We can't guarantee specific results (no one can), but we'll bust our asses to get you there. Either party can cancel with 30 days' notice. Be cool, we'll be cool.