Optigize | Digital Marketing Agency

Terms of Service

Optigize Marketing Insights & Innovations

Effective Date: October 19, 2026 | Website First Published: August 23, 2012 | Last Updated: October 19, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Optigize Marketing Intelligence ("Optigize," "we," "us," or "our") concerning your access to and use of the https://optigize.com website, its subdomains (including apps.optigize.com), and any related digital products, marketing audits, services, or applications (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Certain applications or services may be subject to additional terms presented at the point of use. Where such additional terms conflict with these Terms, the additional terms govern for that specific application or service.

2. Eligibility and Access

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you possess the legal capacity to enter into this agreement.

If you use the Services on behalf of a business or other organization, you represent that you have the authority to bind that organization to these Terms. In that case, "you" refers to both you and that organization.

Currently, our Services are not directed to or intended for use by individuals located within the European Economic Area (EEA) or the United Kingdom. If you are accessing the Services from these regions, you must discontinue use.

3. Accounts and Security

Certain features of the Services require you to create an account. When you do, you agree to:

  • Provide accurate, current, and complete information, and keep it updated.

  • Maintain the confidentiality of your login credentials and not share your account with any other person.

  • Notify us promptly through https://optigize.com/contact/ if you suspect any unauthorized access to or use of your account.

  • Accept responsibility for all activity that occurs under your account.

We are not liable for any loss or damage arising from your failure to safeguard your credentials. We reserve the right to decline any registration or to request verification of the information you provide.

4. License to Use the Services

Subject to your compliance with these Terms and your payment of any applicable fees, Optigize grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal or internal business purposes.

All rights not expressly granted to you in these Terms are reserved by Optigize.

5. Purchases and Payment Processing

To ensure secure global transactions, Optigize uses trusted third-party payment platforms, including Gumroad, Paddle, Lemon Squeezy, and PayPal, and reserves the right to add other providers as needed.

  • Merchant of Record Purchases: When your purchase is processed by a Merchant of Record (MoR), such as Gumroad, Paddle, or Lemon Squeezy, the MoR is the legal seller of record for that transaction. The MoR manages payment collection, global tax compliance (including VAT and sales tax), and the issuance of invoices. The MoR's terms of service, refund procedures, and privacy policy, presented to you at checkout, govern the payment transaction.

  • Direct Purchases: When your purchase is processed by a payment processor that does not act as a MoR, such as PayPal, Optigize is the seller, and applicable taxes are charged as required by law.

  • Scope of These Terms: Regardless of which provider processes your payment, these Terms govern your access to and use of the Services, including the refund policy in Section 7.

  • Payment Credentials: Optigize does not process or store your full card number or financial account credentials.

  • Pricing: Prices are displayed at checkout. We may change prices for future purchases. Price changes for active subscriptions follow Section 6.

6. Subscriptions, Renewals, and Cancellation

Certain Services are offered free of charge, as one-time purchases, or as recurring subscriptions.

  • Automatic Renewal: Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) at the then-current price, unless you cancel before the renewal date. Before you complete a subscription purchase, we display the renewal terms, price, and billing frequency, and we request your express, affirmative consent to automatic renewal.

  • Confirmation: After your purchase, you will receive a confirmation that includes the renewal terms and instructions for cancellation.

  • Renewal Reminders: For annual subscriptions, we send a reminder at least 30 days before renewal. For monthly subscriptions, we send a courtesy reminder 7 days before renewal.

  • Price Changes: We will notify you by email at least 30 days before any price change takes effect for your subscription. If you do not agree to the new price, you may cancel before it takes effect.

  • Cancellation: You may cancel at any time through your account settings, without the need to contact us by email or telephone.

  • Effect of Cancellation: Cancellation stops future charges. Your access continues through the end of the current paid billing period. Cancellation does not entitle you to a refund or credit for the current billing period or any partial period, except as stated in Section 7.

  • Free Trials: If a free trial converts to a paid subscription, we will disclose the conversion date, the price, and how to cancel before the trial begins.

  • Consent Records: We retain records of your consent to automatic renewal for at least three years, as described in our Privacy Policy.

7. Refund Policy

  • Fees Are Non-Refundable: Except as expressly stated in this Section or required by applicable law, all fees are non-refundable. This includes fees for partial billing periods, unused time or features, plan downgrades, and purchases you no longer want. We encourage you to review each product description, preview, or free version before purchasing.

  • Merchant of Record Purchases: Where a Merchant of Record processes your purchase, the Merchant of Record's refund policy and procedures, presented at checkout, govern any refund request. A Merchant of Record may issue refunds at its own discretion under its terms. Optigize does not grant refund rights beyond those provided by the Merchant of Record or required by law.

  • Direct Purchases: Purchases processed directly by Optigize, such as through PayPal, are final, subject only to the exceptions in this Section.

  • Billing Errors: If you are charged twice for the same purchase, charged after a cancellation has taken effect, or charged an amount different from the price displayed at checkout, contact us within 60 days of the charge through https://optigize.com/contact/. After we confirm the error, we will refund the incorrect amount.

  • Service Credits: Service credits carry the U.S. dollar value stated when issued and may be redeemed toward any Optigize Services. Credits are redeemable only for Services, are not exchangeable for cash or refundable, and are non-transferable.

  • Custom Services: For custom services, such as marketing audits or consulting performed under a proposal, statement of work, or order ("Order"), the Order governs payment and refund terms. Unless the Order states otherwise, deposits are non-refundable, and fees for work that has started or been completed are non-refundable.

  • Effect of a Refund: If a refund is issued by Optigize or by a Merchant of Record, your access to the refunded Service ends.

  • Exclusions: We may decline refund requests involving fraud, abuse of the refund process, or violations of these Terms.

  • Chargebacks: Please contact us before initiating a chargeback so we can resolve the issue directly. We may contest chargebacks using records of your purchase, consent, and use of the Services, and we may suspend accounts associated with unwarranted chargebacks.

  • Statutory Rights: Nothing in this Section limits any non-waivable refund rights you may have under applicable consumer protection law.

8. Acceptable Use and Restrictions

By accessing the Services, you agree not to:

  • Reproduce, distribute, publicly display, or create derivative works of our applications without our express written permission.

  • Attempt to reverse engineer, decompile, or extract the source code of any Optigize software, proprietary methodologies, or AI prompt architecture.

  • Use the Services for any illegal, fraudulent, or malicious purpose, including transmitting malware.

  • Access the Services through automated means, including bots, scrapers, crawlers, or data-mining tools, except as expressly permitted by us.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services.

  • Share, resell, sublicense, or otherwise provide third parties with access to your account or the Services without our authorization.

  • Use the Services or their outputs to develop a competing product, or to train machine learning or artificial intelligence models.

  • Submit content that infringes the intellectual property, privacy, or other rights of any third party, or that you do not have the right to submit.

  • Misrepresent your identity or your affiliation with any person or organization.

9. Artificial Intelligence and Outputs

Our Services leverage artificial intelligence to provide business diagnostics, audits, and marketing insights.

  • No Guaranteed Accuracy: AI-generated outputs are provided for educational, diagnostic, and self-insight purposes only. They may contain errors or omissions, may be similar to outputs generated for other users, and do not constitute professional, legal, or financial advice.

  • No Automated Decision-Making: Our tools are not designed to make automated decisions that produce legal or similarly significant effects, such as employment, lending, or housing decisions.

  • User Responsibility: You are solely responsible for verifying the accuracy, completeness, and applicability of any AI-generated reports or metrics before acting upon them. To the fullest extent permitted by law, Optigize disclaims all liability arising from business decisions made based on our application outputs.

10. Geospatial (GIS) and Third-Party Data

Certain Optigize applications incorporate aggregated geospatial (GIS) mapping data and publicly available census data to provide localized insights.

  • We source this data from external government databases and third-party mapping services. Mapping features are also subject to the terms of the applicable mapping providers, as described in our Privacy Policy.

  • While we strive to integrate reputable sources, we do not warrant the absolute accuracy, completeness, or real-time timeliness of third-party public data.

11. Beta Features and Changes to the Services

We regularly develop and test new applications and features, which may be labeled "beta," "preview," "experimental," or similar ("Beta Features"). Beta Features are provided as-is, may contain errors, may not be supported, and may be changed, suspended, or discontinued at any time. Beta Features are not eligible for refunds or credits.

We may also modify, suspend, or discontinue any part of the Services. Before we permanently discontinue an application for which you hold an active paid subscription, we will give you at least 30 days' notice and stop all future renewals. You may continue to use the application until the discontinuation date. If that date falls before the end of your current paid billing period, we will provide, at our option, access to a comparable Optigize application for the remainder of that period or a service credit for the unused portion.

12. No Guaranteed Results

Our marketing audits, diagnostics, recommendations, and applications are designed to inform your decisions. We do not guarantee any specific outcome, including search engine rankings, website traffic, leads, conversions, sales, revenue, or return on investment.

Results depend on many factors outside our control, including search engine and platform algorithms, market conditions, competition, and how you implement our recommendations. Any examples, case studies, or projections we provide are illustrative and are not promises of future results.

Results that differ from your expectations are not grounds for a refund, credit, or other remedy.

13. Intellectual Property Rights

  • Our Property: Optigize retains all right, title, and interest in and to the Services, including all proprietary code, application design, methodologies, algorithms, AI prompt architecture, templates, branding, and original content.

  • Your Inputs: You retain full ownership of the "Active Inputs" (such as text, files, and specific parameters) you submit to the Services. You grant Optigize a non-exclusive, worldwide, royalty-free license to host, store, process, and display your inputs as needed to operate, provide, and maintain the Services, and to improve the Services using aggregated and de-identified data. This license ends when you delete your inputs or your account, subject to the retention terms in our Privacy Policy. You represent that you have all rights necessary to submit your inputs.

  • Your Outputs: Subject to your compliance with these Terms and payment of any applicable fees, you may use the reports, metrics, and other results generated for you ("Outputs") for your personal or internal business purposes. As between you and Optigize, we assign to you any rights we hold in your Outputs, excluding our underlying software, templates, methodologies, and branding.

  • Feedback: If you provide suggestions or feedback about the Services, you grant us the right to use them without restriction or obligation to you.

14. Service Deliverables

This Section applies to custom services, such as marketing audits, performed for you under a proposal, order, or checkout description.

  • Scope: Custom services are performed according to the scope defined in the applicable proposal, order, or checkout description.

  • Ownership: Upon full payment, you own the final deliverables prepared specifically for you. Until full payment is received, all deliverables remain the property of Optigize.

  • Pre-Existing Materials: Optigize retains ownership of its pre-existing materials, tools, templates, frameworks, methodologies, and know-how. To the extent any of these are incorporated into your final deliverables, we grant you a perpetual, non-exclusive, royalty-free license to use them as part of those deliverables for your internal business purposes.

  • Subscription Services: For services provided under a recurring subscription, you own the final deliverables delivered during each paid billing period. Access to our software, dashboards, and platform features is licensed only for the duration of your active subscription.

15. Privacy

Your use of the Services is also governed by our Privacy Policy at https://optigize.com/privacy-policy/, which explains how we collect, use, and protect your information, including any data received when you sign in with Google.

16. Termination and Suspension

  • By You: You may stop using the Services at any time. You may cancel subscriptions as described in Section 6 and delete your account as described in our Privacy Policy.

  • By Us: We may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, create risk or legal exposure for Optigize or other users, or if required by law. Where reasonable, we will notify you in advance. If we suspend or terminate your access for any of these reasons, fees already paid are non-refundable.

  • Termination Without Cause: We may end a paid subscription for reasons other than your violation of these Terms by giving you at least 30 days' notice. The termination takes effect at the end of your current paid billing period, so you retain access for the full period you paid for. If we must end access before then, Section 11 applies to the unused portion.

  • Effect of Termination: Upon termination, your license to use the Services ends. Sections that by their nature should survive, including those covering intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, survive termination. Your data is handled as described in our Privacy Policy.

17. Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Optigize disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

18. Limitation of Liability

To the fullest extent permitted by law, in no event shall Optigize, its operator, or its contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or lost revenue, arising from your use of the Services, even if we have been advised of the possibility of such damages.

Exclusive Remedy: If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to stop using the Services and cancel your subscription, subject to Section 7 and any non-waivable rights under applicable law.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Optigize, its operator, and its contractors from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from (a) your violation of these Terms, (b) your inputs or other content you submit, (c) your violation of any law or the rights of any third party, or (d) your misuse of the Services.

20. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict-of-law principles.

  • Informal Resolution First: Before initiating any formal proceeding, you agree to contact us at notices(at)optigize.com with a written description of the dispute. Both parties will attempt in good faith to resolve the dispute within 30 days.

  • Binding Arbitration: Any dispute that is not resolved informally shall be finally resolved by binding arbitration administered by the Philippine Dispute Resolution Center, Inc. (PDRCI) under its arbitration rules in effect at the time the arbitration begins. The seat of arbitration shall be Metro Manila, Philippines. The arbitration shall be conducted by a single arbitrator, in the English language, and hearings may be held by videoconference or decided on written submissions. The arbitral award shall be final and binding and may be entered in any court of competent jurisdiction.

  • Small Claims: Either party may instead bring an individual claim in a small-claims court of competent jurisdiction, provided the claim qualifies under that court's rules.

  • Individual Claims Only: To the extent permitted by law, disputes shall be resolved on an individual basis only, and not as part of any class, collective, or representative proceeding.

  • Consumer Rights: If you are a consumer and the mandatory consumer protection laws of your place of residence entitle you to bring claims in your local courts or under your local law, nothing in this Section limits those rights.

  • Interim Relief: Either party may seek injunctive or other interim relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

21. Changes to These Terms

We may update these Terms periodically to reflect changes in our Services, legal obligations, or business practices. Revisions will be indicated by an updated "Last Updated" date at the top of this document.

If we make material changes, we will provide reasonable advance notice by email or through a prominent notice within the Services. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services and may cancel any subscription as described in Section 6.

22. Electronic Communications and Notices

By using the Services, you consent to receive communications from us electronically, including by email and through notices within the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Legal notices to Optigize must be sent to notices(at)optigize.com. Notices to you will be sent to the email address associated with your account or posted within the Services.

23. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any additional terms presented at the point of use, constitute the entire agreement between you and Optigize regarding the Services.

  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

  • No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, change of business form, or sale of assets.

  • Force Majeure: We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

  • Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Optigize.

  • Language: These Terms are written in English. Any translation is provided for convenience only, and the English version controls.

24. Contact Information

If you have any questions regarding these Terms, please direct your correspondence to the appropriate channel below:

Channel

Details

Registered Business Name

Optigize Marketing Insights & Innovations

Legal Notices

notices(at)optigize.com

General Correspondence

https://optigize.com/contact/

Official Mailing Address

2709 N Hayden Island Dr STE 447469, Portland, Oregon, 97217, USA


Optigize Marketing Insights & Innovations operates globally. Our official mailing address is located in the United States, and we manage our digital infrastructure through a borderless, international network.