Terms of Service

These Terms of Service ("Terms") govern your access to and use of the OptiGen platform, including our websites, applications, APIs, and related services (collectively, the "Services"), provided by OptiGen Inc. ("OptiGen," "we," "our," or "us"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. Account Registration & Security

You may need to create an account to access certain features. You agree to:

1. Provide accurate, current, and complete information;
2. Maintain and promptly update your information;
3. Keep your login credentials confidential;
4. Notify us immediately of any unauthorized use of your account.

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

3. Subscriptions & Payment

Certain Services require a paid subscription. Prices, billing cycles, and payment terms are specified at the time of purchase. By subscribing, you authorize us (or our payment processor) to charge your selected payment method. Subscription fees are non-refundable except as required by law or explicitly stated.

4. License & Acceptable Use

Subject to these Terms, OptiGen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes.

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the Services;
• Reverse engineer or attempt to extract source code except as permitted by law;
• Use the Services to develop or train competing models or services;
• Upload unlawful, infringing, or harmful content;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Attempt to gain unauthorized access to accounts, data, or systems.

5. User Content

"User Content" means any data, text, files, or materials you upload, submit, or generate through the Services.

1. Ownership – You retain all rights to your User Content, except for the limited licenses granted herein.
2. License to OptiGen – You grant OptiGen a worldwide, royalty-free license to host, store, process, and display User Content solely to operate and improve the Services.
3. Responsibility – You are solely responsible for your User Content and for ensuring it does not violate these Terms or applicable laws.

6. Intellectual Property

The Services, including software, designs, and content (excluding User Content), are owned by OptiGen and protected by intellectual property laws. All rights not expressly granted are reserved by OptiGen.

7. Feedback

If you provide suggestions, ideas, or feedback, you grant OptiGen a perpetual, irrevocable, worldwide license to use that feedback for any purpose without compensation.

8. Third-Party Services & Links

The Services may integrate with or link to third-party services. OptiGen is not responsible for third-party content or practices. Your use of third-party services is at your own risk and subject to their terms.

9. Confidentiality

Both parties agree to protect confidential information exchanged in connection with the Services and to use it only for the purposes contemplated by these Terms.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPTIGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPTIGEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIGEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICES. OPTIGEN’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO OPTIGEN IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

12. Indemnification

You agree to indemnify and hold harmless OptiGen, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your breach of these Terms or misuse of the Services.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. You may stop using the Services at any time. Sections 5–15 will survive any termination.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, excluding its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the federal or state courts located in San Francisco County, California, and each party consents to such jurisdiction and venue.

15. Changes to the Terms

We may update these Terms from time to time. We will notify you of material changes via the Services or email. Continued use of the Services after changes become effective constitutes acceptance.

16. Miscellaneous

• Entire Agreement – These Terms constitute the entire agreement between you and OptiGen regarding the Services.
• Severability – If any provision is found unenforceable, the remaining provisions will remain in effect.
• Assignment – You may not assign these Terms without OptiGen’s prior written consent. OptiGen may assign its rights without restriction.
• Waiver – OptiGen’s failure to enforce any right is not a waiver of future enforcement.

17. Contact Us

For questions regarding these Terms, please contact us at [email protected].