Terms and Conditions

Last updated: 1 September 2026  ·  Effective: 1 September 2026

These Terms and Conditions ("Terms") govern your access to and use of the Opteva platform, website, and related services (together, the "Service"), operated by Opteva 360 ("Opteva", "we", "us").

By creating an account, accessing the Service, or clicking to accept these Terms, you agree to be bound by them. If you are agreeing on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

If you do not agree to these Terms, do not use the Service.

1. Definitions

• "Customer": the person or organisation that contracts with Opteva for access to the Service.
• "Agency": a Customer who uses the Service to provide services to its own clients.
• "Client Brand": a business whose brand, voice, and accounts are managed within the Service, whether by the Customer directly or by an Agency on its behalf.
• "Customer Content": anything you or your users submit to the Service, including brand information, logos, images, written material, account credentials, and information about Client Brands.
• "Output": captions, scripts, calendars, images, and other material generated by the Service in response to your inputs.
• "Connected Account": a third-party social media or marketing account you authorise the Service to access or publish to.

2. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract. You must provide accurate account information and keep it current.

You are responsible for all activity under your account and for keeping credentials confidential. Notify us promptly at hello@opteva.ai if you believe your account has been compromised. We are not liable for losses arising from your failure to safeguard credentials.

Where you invite users into your account, you are responsible for their compliance with these Terms.

3. Fees and payment

Access to the Service is provided under the plan agreed with you. Plan features, usage allowances (including limits on AI-generated images and other metered features), fees, and the billing cycle are as set out in your order or invoice.

• Fees are payable in advance unless your invoice states otherwise, and are non-refundable except where required by law.
• We may change fees for a future billing period on at least 30 days' notice.
• Exceeding a usage allowance may result in that feature being paused until the next period, or in additional charges where your plan provides for them.
• You are responsible for applicable taxes other than taxes on our income.

If payment is not received when due, we may suspend access after reasonable notice.

4. What the Service does, and does not, do

The Service generates marketing material using artificial intelligence, based on the brand information you provide, and can transmit that material to Connected Accounts for publication.

We do not warrant that Output will be accurate, original, non-infringing, effective, or suitable for any particular purpose. You must not rely on the Service as a substitute for professional judgement.

5. Advertising claims, regulated treatments, and patient information

This section is important, and applies in addition to everything else in these Terms.

5.1 You are the advertiser

You are solely responsible for the legality of everything published through the Service, including compliance with advertising, consumer protection, healthcare, and professional practice rules in every jurisdiction where the material appears. This includes, without limitation, substantiation of claims, disclosure of material connections, rules on testimonials and endorsements, and restrictions on advertising regulated or prescription treatments.

5.2 Compliance features are advisory

The Service may flag language that commonly presents regulatory risk: for example, absolute outcome claims, superiority claims, unsourced statistics, pricing language, or references to prescription treatments. These checks are automated heuristics, not legal advice, and are not a compliance certification. They may fail to identify problematic material and may flag material that is in fact permissible. Passing a check creates no assurance of legality, and overriding a check does not transfer responsibility to us.

5.3 Patient and personal information

You must not submit protected health information, patient records, or identifiable patient imagery to the Service unless you have obtained all consents and authorisations required by law, and you must not submit any material whose disclosure would breach a duty of confidentiality.

Opteva is not a HIPAA business associate and the Service is not designed or offered as a HIPAA-compliant system unless we have signed a separate written agreement with you saying otherwise. You are responsible for ensuring that your use of the Service is lawful given the nature of your practice.

5.4 Consent for imagery

You represent that you hold all necessary rights and consents for every image, likeness, testimonial, and before-and-after depiction you submit or publish through the Service.

6. Acceptable use

You must not, and must not permit anyone else to:

• use the Service to publish unlawful, deceptive, defamatory, harassing, or infringing material;
• publish material to accounts you are not authorised to control;
• misrepresent the origin of Output in a way that is unlawful or breaches a platform's rules;
• attempt to access another Customer's data, or probe, scan, or test the security of the Service without our written permission;
• reverse engineer, decompile, or attempt to derive the source code or models underlying the Service, except to the extent that restriction is unenforceable by law;
• resell, sublicense, or provide access to the Service other than as expressly permitted under Section 7;
• use the Service to build a competing product, or to train a competing model;
• circumvent usage limits, rate limits, or access controls;
• upload malicious code, or use the Service in a way that impairs it for others.

We may investigate suspected breaches and may suspend access where we reasonably believe there is a risk of harm, legal liability, or breach of a third-party platform's rules.

7. Agencies, white-label use, and Client Brands

If you use the Service to serve your own clients:

• You may present the Service to your clients under your own branding where your plan permits it. You must not represent that you developed the underlying platform, or misstate its capabilities.
• Your contract is with us; your clients' contracts are with you. We have no contractual relationship with your clients and provide them no warranty or support unless separately agreed in writing.
• You are responsible for your clients' use of the Service through your account, and for ensuring your own agreements with them are consistent with these Terms.
• You are responsible for having a lawful basis to submit information about your clients and their Connected Accounts, and for the accuracy of that information.
• You will indemnify us in respect of claims brought by your clients arising from your acts or omissions, as set out in Section 14.

8. Third-party services and AI providers

The Service integrates with third-party platforms, including but not limited to social networks, marketing platforms, and AI providers, in order to publish content and retrieve performance data.

• Your use of those platforms is governed by their terms, and you must comply with them.
• We do not control those platforms. They may change their APIs, restrict or suspend accounts, alter permissions, or become unavailable, in each case without notice to us.
• We are not responsible for a third-party platform's refusal to publish, its removal of your content, its restriction or suspension of your accounts, or the accuracy of analytics data it reports.
• Scheduling or submitting a post through the Service is not a guarantee of publication. Confirmation that a platform has accepted a request is not confirmation that it has published, retained, or delivered it.

8.1 AI providers

Output is generated using third-party AI models. Your inputs are transmitted to those providers to produce Output, and their terms and use policies apply to that processing. You must not submit material through the Service that you are not permitted to share with a third-party processor.

9. Intellectual property

9.1 Yours

You retain all rights in Customer Content. As between you and us, and to the extent permitted by law and by the terms of the underlying AI providers, you own the Output generated for you.

You grant us a non-exclusive, worldwide licence to host, copy, transmit, display, and process Customer Content and Output solely to operate, secure, support, and improve the Service, and to publish material to Connected Accounts at your direction. This licence ends when the relevant content is deleted, save for backups retained for a limited period and anything we must retain by law.

9.2 Ours

We retain all rights in the Service, including its software, interfaces, models, prompts, documentation, and branding. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, and nothing more.

9.3 Output is not exclusive, and may not be protectable

Other Customers may receive Output that is similar or identical, particularly for common subjects. We make no representation that Output is unique, and you should not assume exclusivity.

Separately, copyright protection may not be available for material generated by artificial intelligence without sufficient human authorship. We do not represent that Output is protectable by copyright, and Section 9.1 assigns only such rights as we hold and the law permits us to transfer.

9.4 Feedback

If you send us suggestions, we may use them without restriction or obligation to you.

10. Copyright complaints

We respect intellectual property rights and will respond to properly submitted notices of alleged copyright infringement concerning material hosted on the Service.

If you believe material on the Service infringes your copyright, send a written notice to our designated agent at hello@opteva.ai including: your contact details; identification of the work claimed to be infringed; identification of the material and where it is located; a statement that you have a good-faith belief the use is not authorised; a statement, under penalty of perjury, that the information is accurate and that you are authorised to act for the rights holder; and your physical or electronic signature.

We may remove or disable access to material in response to such a notice, and may terminate the accounts of repeat infringers. If you believe your material was removed in error, you may submit a counter-notice to the same address.

11. Data protection and confidentiality

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

Each party will protect the other's confidential information with at least reasonable care and use it only for purposes of this agreement. This does not apply to information that is public through no breach, independently developed, or lawfully received from a third party, and does not prevent disclosure required by law.

We implement measures intended to protect Customer Content, including separation of each Customer's data. No system is perfectly secure, and we do not guarantee that unauthorised access will never occur.

12. Suspension and termination

You may stop using the Service and cancel at any time.

We may suspend or terminate your access:

• immediately, where you materially breach these Terms, where required by law, or where continued access presents a security or legal risk;
• on reasonable notice, where you have not paid amounts due;
• on at least 30 days' notice, if we discontinue the Service or a material part of it.

On termination, your right to use the Service ends. You should export anything you need beforehand. We may delete Customer Content after a reasonable period following termination; do not rely on the Service as your only copy.

Sections that by their nature should survive termination (including Sections 5, 9, 10, 11, 13, 14, 17 and 18) will survive.

13. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that Output will be accurate or suitable, or that content submitted for publication will be published.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

14. Limitation of liability and indemnity

14.1 Limitation

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility.

Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us in the twelve months immediately before the event giving rise to the claim.

These limits do not apply to your payment obligations or to your indemnity obligations below.

14.2 Indemnity

You will defend, indemnify, and hold harmless Opteva and its officers, employees, and contractors against claims, damages, losses, and reasonable costs (including legal fees) arising from: (a) Customer Content; (b) material published through the Service, including any claim that it is false, misleading, unsubstantiated, infringing, or breaches advertising, healthcare, or privacy law; (c) your breach of these Terms; (d) your use of Connected Accounts; and (e) where you are an Agency, claims brought by your clients arising from your acts or omissions.

15. Changes to the Service and to these Terms

We may modify the Service, and may update these Terms. Where a change is material, we will give reasonable notice (by email or in-product) before it takes effect. Continued use after the effective date constitutes acceptance. If you do not accept a material change, your remedy is to stop using the Service and cancel.

16. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including third-party platform or infrastructure failures, provided it takes reasonable steps to mitigate. This does not excuse payment obligations already due.

17. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Lehigh County, Pennsylvania, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing a claim, each party agrees to attempt in good faith to resolve the dispute informally by contacting the other and allowing 30 days to reach a resolution.

18. General

• Entire agreement. These Terms, together with the Privacy Policy and any order form, are the entire agreement between us on this subject and supersede prior discussions.
• Severability. If a provision is unenforceable, it is modified to the minimum extent necessary, and the rest remains in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.
• Notices and electronic communications. We may give notice by email to your account address or in-product, and you consent to receiving communications and agreements from us electronically. Legal notices to us must be sent to the address below.
• Export and sanctions. You represent that you are not located in, or acting on behalf of anyone in, a country or on a list subject to applicable trade sanctions, and that you will not use the Service in breach of export control laws.
• Beta features. Features identified as beta, preview, or early access are provided for evaluation, may be changed or withdrawn at any time, and are excluded from any commitment or warranty in these Terms.

19. Contact

Questions about these Terms, and legal notices, should be sent to:

Opteva 360
520 5th Street
Catasauqua, Pennsylvania 18032
United States
hello@opteva.ai