By using Optimise (get-optimise.com / get-optimize.com or other defined domains) [a product of XAPPO Enterprises Ltd.], you are agreeing to these Terms of Service. You also may be subject to additional guidelines, rules, policies, or other terms of service posted on portions of the site. The Site and Services are only available to individuals who are at least 18 years old or possess legal parental or guardian consent. Optimise may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. We will notify you by making the revised version available on this web page, and an updated revision date will indicate that changes have been made.
To use some of the features on the Site or Services, including the Optimise API, you may be required to create an account. Any required fields that are submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs on your account. You should keep your password and/or API key confidential and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
When using the Site or Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Such additional terms and guidelines include third-party licenses that may apply to other data on Optimise (below).
By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site.
By using the Site or Services, you agree not to:
The Optimise API enables you to programmatically access portions of the Services enabling the development of applications. As noted above, any use of the API constitutes use of the Services and any use of the API is governed by these Optimise Terms of Service. You agree to make users of any third-party applications aware of these terms via a commercially reasonable manner, and you acknowledge that third-party uses of any applications you create from the Optimise API shall be bound by these Terms of Service. You agree not to impose any terms or conditions that conflict with these Terms of Service on such third-party uses.
We respect the privacy of our users. These Terms of Service incorporate the terms of the Optimise Privacy Policy.
XAPPO Enterprises Ltd. reserves the right, at its sole discretion, to modify or discontinue the Site or Services, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur.
The Website, the visual interfaces, graphics, design, compilation, code, products, services, and all other proprietary elements of the Site and Services provided by XAPPO Enterprises Ltd. doing business as Optimise are protected by Maltese copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights.
XAPPO Enterprises Ltd. is not responsible for any inaccuracies in any materials or data accessed via the site or services regardless of the cause.
In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the site or services, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless XAPPO Enterprises Ltd., shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind.
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions of these Terms shall remain in effect.
The failure of Optimise to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
Optimise is run out of Malta. This Agreement shall be governed by the laws of Malta.
This is the entire agreement between you and Optimise relating to the subject matter herein and will not be modified except in writing.