Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Pulse, Proventus, or any other Optimize Co. product (the "Services"), you ("Customer," "you") agree to these Terms of Service ("Terms"). If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

2. Description of Service

Optimize Co. provides software-as-a-service products, including Pulse (a CRM and outreach automation platform for local service businesses) and Proventus (AI-driven analysis of business data intended to surface potential revenue and profit opportunities). Features, pricing, and availability may change at our discretion with reasonable notice for material changes.

3. Account Registration and Eligibility

You must be at least 18 years old and provide accurate registration information. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account, whether or not authorized by you, except to the extent caused by Optimize Co.'s breach of these Terms.

4. Customer Data; Data Processing Agreement

You retain all ownership rights in data you submit to the Services ("Customer Data"), including any personal data of your own clients or prospects. You grant Optimize Co. a limited license to access, process, and store Customer Data solely to provide, secure, and improve the Services. You represent and warrant that you have all necessary rights and consents to submit Customer Data to the Services and that doing so does not violate any law, regulation, fiduciary duty, or contractual obligation applicable to you. Processing of personal data is further governed by our Data Processing Agreement and Privacy Policy.

5. AI-Generated Output — No Professional Advice; No Guaranteed Outcome

The Services use artificial intelligence, including third-party large language models, to generate analyses, "findings," dollar-value estimates, draft messages, scores, and recommendations ("AI Output").

You expressly acknowledge and agree that AI Output is generated automatically and may be incomplete, inaccurate, or wrong; that it does not constitute financial, legal, tax, or other professional advice; that any dollar value or estimate is non-binding only; and that you are solely responsible for independently verifying any AI Output before relying on it or acting on it. Regulated professionals remain solely responsible for their own professional, fiduciary, and regulatory obligations — Optimize Co. assumes no fiduciary duty to you or your clients.

6. Subscription, Billing, and Cancellation

Subscriptions renew automatically each billing cycle until canceled, effective at the end of the then-current billing period. Fees are non-refundable except as required by law. Free trials, where offered, convert to paid subscriptions automatically unless canceled beforehand.

7. Acceptable Use

You agree not to use the Services unlawfully, upload data you do not have rights to, attempt to reverse-engineer the Services, use the Services to build a competing product, or misrepresent AI Output as independently-verified analysis without disclosure.

8. Third-Party Services

The Services integrate with Stripe, Twilio, Anthropic, Supabase, and Vercel. Your use is also subject to those providers' terms.

9. Intellectual Property

Optimize Co. retains all right, title, and interest in the Services, excluding Customer Data, subject to a limited license for you to use the Services during your subscription.

10. Disclaimers

THE SERVICES, INCLUDING ALL AI OUTPUT, ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. OPTIMIZE CO. DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE OPERATION OR THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE.

11. Limitation of Liability

OPTIMIZE CO.'S AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF FEES PAID IN THE PRECEDING 12 MONTHS OR $100. OPTIMIZE CO. IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DECISION MADE IN RELIANCE ON AI OUTPUT, INCLUDING UNREALIZED ESTIMATED VALUES.

12. Indemnification

You agree to indemnify Optimize Co. against claims arising from your violation of these Terms, Customer Data you submit, or your reliance on AI Output without independent verification.

13. Term and Termination

We may suspend or terminate access for breach, non-payment, or legal/security reasons. You may cancel your subscription at any time.

14. Dispute Resolution; Arbitration; Class Action Waiver

Disputes are resolved by binding individual arbitration under American Arbitration Association rules. You and Optimize Co. each waive the right to a class action or class arbitration.

15. Changes to Terms

We may update these Terms; material changes will be communicated at least 14 days before taking effect.

16. Governing Law

These Terms are governed by the laws of the State of California.

17. Entire Agreement; Severability

These Terms, the Privacy Policy, and the Data Processing Agreement constitute the entire agreement. Unenforceable provisions do not affect the remainder.

18. Contact

Questions can be sent to optimizesupports@gmail.com.