Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Pulse 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, including any third-party personal or client data, 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 (incorporated by reference) 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and agree that: AI Output is generated automatically based on the data you provide and may be incomplete, inaccurate, outdated, or simply wrong. AI Output does not constitute financial, legal, tax, accounting, or other professional advice, and is not a substitute for independent professional judgment. Any dollar value or estimate displayed by the Services is a non-binding estimate only — Optimize Co. makes no representation that any estimated amount is accurate or will be realized in practice. You are solely responsible for independently verifying any AI Output before relying on it, communicating it to a third party (including your own clients), or taking any action based on it, including any pricing change, client communication, or business decision.

6. Subscription, Billing, and Cancellation

Subscriptions renew automatically each billing cycle (monthly or annual, as selected) until canceled. You may cancel at any time, effective at the end of the then-current billing period. Except as required by law or expressly stated, fees are non-refundable, including for partial billing periods. Free trials, where offered, automatically convert to a paid subscription at the end of the trial unless canceled beforehand. We will make reasonable efforts to notify you before a trial converts. We may change pricing on renewal with at least 30 days' notice.

7. Acceptable Use

You agree not to: (a) use the Services for any unlawful purpose; (b) upload Customer Data you do not have the legal right to submit, including data subject to confidentiality, privacy, or fiduciary restrictions; (c) attempt to reverse-engineer, scrape, or extract the Services' underlying models, prompts, or source code; (d) use the Services to build or assist a competing product; (e) interfere with the Services' normal operation, including via excessive automated requests; or (f) misrepresent AI Output as your own independently-verified analysis when communicating with third parties, without appropriate disclosure.

8. Third-Party Services

The Services rely on and integrate with third-party providers, including Stripe (payments), Twilio (SMS/communications), Anthropic (AI processing), Supabase (data hosting), and Vercel (application hosting). Your use of the Services is also subject to those providers' applicable terms, and Optimize Co. is not responsible for outages, errors, or data handling by third-party providers outside its reasonable control.

9. Intellectual Property

Optimize Co. retains all right, title, and interest in and to the Services, including all software, AI prompts, methodologies, and trademarks, excluding Customer Data. Nothing in these Terms transfers any Optimize Co. intellectual property to you, except a limited, non-exclusive, non-transferable license to use the Services as intended during your subscription term.

10. Disclaimers

THE SERVICES, INCLUDING ALL AI OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. OPTIMIZE CO. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: Optimize Co.'s aggregate liability arising out of or relating to the Services is limited to the greater of the total fees you paid to Optimize Co. in the 12 months preceding the event giving rise to the claim, or $100. In no event will Optimize Co. be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity. Without limiting the foregoing, Optimize Co. is not liable for any decision you make or action you take in reliance on AI Output, including any estimated dollar value that is not actually realized. These limitations apply even if Optimize Co. has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Optimize Co. and its officers, employees, and agents from any claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) Customer Data you submit, including any claim that it was submitted without proper rights or consents; or (c) your reliance on AI Output without independent verification, including any claim brought by your own clients or customers.

13. Term and Termination

We may suspend or terminate your access for breach of these Terms, non-payment, or as reasonably necessary to comply with law or protect the Services' security or integrity. You may terminate by canceling your subscription. Sections that by their nature should survive termination (including Sections 5, 9, 10, 11, 12, and 14) will survive.

14. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute arising out of these Terms will be resolved by binding individual arbitration under the rules of the American Arbitration Association, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for misuse of intellectual property or confidential information. You and Optimize Co. each waive the right to participate in a class action or class arbitration.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-product notice at least 14 days before taking effect; continued use after that date constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except as otherwise required by applicable consumer protection law.

17. Entire Agreement; Severability

These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Optimize Co. regarding the Services. If any provision is found unenforceable, the remaining provisions remain in full effect.

18. Contact

Questions about these Terms can be sent to optimizesupports@gmail.com.