Terms of Service

The following terms and conditions (“Terms”) govern all use of the OPTe.io website(s) and all content, services, and products available at or through the website, including, but not limited to, www.opte.io, opte.io, (“OPTe.io”), (“OPTe.ai”), (“Total WordPress”), and (“Total Woo”), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OPTe’s Privacy Policy) and procedures that may be published from time to time by OPTe (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your agreement is with OPTe Luxembourg S.a.r.l. If you reside outside of the “Designated Countries,” your agreement is with OPTe Inc.

We refer to OPTe Ltd. and OPTe Inc. collectively as “OPTe” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by OPTe, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Use of our Services requires a www.opte.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Your OPTe.io Account and Website. If you create a blog-website on the Website, you are responsible for maintaining the security of your account and blog-website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog-website. You must not describe or assign keywords to your blog-website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OPTe may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OPTe liability. You must immediately notify OPTe of any unauthorized uses of your blog-website, your account or any other breaches of security. OPTe will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog-website, comment on a blog-website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to OPTe for inclusion on your Website, you grant OPTe a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog-website. This license allows OPTe to make publicly-posted content available to third parties selected by OPTe so that these third parties can analyze and distribute (but not publicly display) your content through their services.You also give other OPTe.io users permission to share your Content on other OPTe sites and add their own Content to it (aka to reblog-website your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site. If you delete Content, OPTe will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, OPTe has the right (though not the obligation) to, in OPTe’s sole discretion (i) refuse or remove any content that, in OPTe’s reasonable opinion, violates any OPTe policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OPTe’s sole discretion. OPTe will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
   • General Terms.
     Optional plans such as Smart, Genius, and Enterprise are available on the Website covering a fully-hosted website(s), media storage limits, built-in themes & plugins, advanced features, and limits on montly traffic, pages,post,products (any such services, a “Plan”). By selecting an Plan you agree to pay OPTe the quarterly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a quarterly or annual subscription period as indicated. You can read about our refund policy here.
   • Automatic Renewal.
     Unless you notify OPTe before the end of the applicable subscription period that you want to cancel an Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or quarterly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Plan section of your site’s dashboard.
4. Ecommerce.  There are certain features offered via WooCommerce, WooCommerce Services, or WordPress.com that enable you to sell items (goods, content, services, etc.) on your website (“Ecommerce Features”). If you use WooCommerce, the WooCommerce Use Terms also apply.
   1. Usage of Information. WooCommerce Services may require OPTe’s servers, a connection to our partners, and/or data from your site, to work, as described on our “What Data Does Jetpack Sync?” support page.
   2. Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable. If your store is on OPTe.io, you must not violate our User Guidelines or Store Guidelines.
   3. Third Party Services. You may choose to set up and/or use third party services, such Stripe or PayPal to collect payment, TaxJar to calculate taxes, or EasyPost to manage shipping. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships. Please note that some of these third party services (like TaxJar) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.
   4. Tax Calculations. Tax Calculations are provided by TaxJar. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
   5. Shipping Services.
      1. Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
      2. You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
      3. In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
   6. Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
      1. You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
      2. We are not involved in your relationships or transactions with any customer or potential customer.
      3. You are responsible for resolving all support questions, comments, and complaints, including refunds, charge-backs, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
      4. You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
5. Responsibility of Website Visitors. OPTe has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OPTe does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OPTe disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which opte.io links, and that link to opte.io. OPTe does not have any control over those non-opte.io websites and webpages, and is not responsible for their contents or their use. By linking to a non-opte.io website or webpage, OPTe does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OPTe disclaims any responsibility for any harm resulting from your use of non-opte.io websites and webpages.
7. Third Party Services. You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site. If you use any Third Party Services, you understand that:
   1. Third Party Services are not vetted, endorsed, or controlled by OPTe.
   2. Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
   3. Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
   4. Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
   5. Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
   6. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
   7. In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
8. Copyright Infringement and DMCA Policy. As OPTe asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by opte.io violates your copyright, you are encouraged to notify OPTe in accordance with OPTe’s Digital Millennium Copyright Act (“DMCA”) Policy. OPTe will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OPTe will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OPTe or others. In the case of such termination, OPTe will have no obligation to provide a refund of any amounts previously paid to OPTe.
9. Intellectual Property. This Agreement does not transfer from OPTe to you any OPTe or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OPTe. OPTe, OPTe AI, opte.io, opte.ai, opte.inc, OPTe.io, OPTe.ai, OPTe Performer, OPTe Designer, OPTe Trader, the OPTe logo, and all other trademarks, service marks, graphics and logos used in connection with opte.io, or the Website are trademarks or registered trademarks of OPTe or OPTe’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OPTe or third-party trademarks.
10. Advertisements. OPTe reserves the right to display advertisements on your blog-website unless you have purchased an Ad-free Plan.
11. Attribution. OPTe reserves the right to display attribution links such as ‘blog-website at opte.io,’ theme author, and font attribution in your blog-website footer or toolbar. Footer credits and the opte.io toolbar may not be altered or removed regardless of Plans purchased.
12. Themes. By activating a theme from the themes library, you agree to that theme developer’s terms of service. You can opt out of their terms of service at any time by de-activating their theme.
13. Plugins. By activating a plugin from the plugin library, you agree to that plugin developer’s terms of service. You can opt out of their terms of service at any time by de-activating their plugin.
14. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration and Customer Service Agreement.
15. G Suite.. If you purchase a G Suite subscription, this section applies. G Suite are provided by Google, and your use of G Suite is subject to Google’s Terms of Use for the services, which you’ll accept prior to using G Suite for the first time. OPTe is an authorized reseller of G Suite, makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines. If you’re a business and purchase G Suite for your opte.io site, you represent that you have 749 or fewer staff members.
16. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blog-websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using OPTe.io, OPTe.ai, within the designated notice period. Your continued use of opte.io, OPTe.io, OPTe.ai, opte.ai, OPTe, OPTe AI will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
    
17. Termination. OPTe may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your opte.io account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
18. Disclaimer of Warranties. The Website is provided “as is”. OPTe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OPTe nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
19. Jurisdiction and Applicable Law. Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.
20. Arbitration Agreement. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
21. No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.
22. Limitation of Liability. In no event will OPTe, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OPTe under this agreement during the twelve (12) month period prior to the cause of action. OPTe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
23. General Representation and Warranty. You represent and warrant that your use of our Services: Will be in strict accordance with this Agreement; Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and Will not infringe or misappropriate the intellectual property rights of any third party.
24. US Economic Sanctions. You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and OPTe reserve the right to terminate accounts or access of those in the event of a breach of this condition.
25. Indemnification. You agree to indemnify and hold harmless OPTe, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
26. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
27. Miscellaneous. This Agreement constitutes the entire agreement between OPTe and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OPTe, or by the posting by OPTe of a revised version.
    If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
    You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OPTe may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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