Terms

These Terms of Service (“Terms”) govern the use of the OPTOPUS website at optopus.space (the “website”), the OPTOPUS AI workspace (“OPTOPUS AI”) and the services OPTOPUS provides to its clients. “OPTOPUS”, “we” and “us” refer to OPTOPUS; “you” refers to the person or business using the website, OPTOPUS AI or our services, and “client” refers to a person or business that engages OPTOPUS for a project.

These Terms govern use of the website, OPTOPUS services and the contractual relationships that arise from them. Our Privacy Policy governs the processing of personal data and our privacy practices, and our Cookie Policy lists the cookies and browser storage in use. Each document regulates different matters, and they should be read together.

Questions about these Terms: info@optopus.space.

Using the website constitutes acceptance of these Terms as they apply to it, where legally permitted.

A project engagement is governed by these Terms together with the applicable proposal, quote or project agreement (together, the “project agreement”). For a matter specific to a project, the project agreement controls.

Creating an OPTOPUS AI account or using OPTOPUS AI constitutes acceptance of these Terms as they apply to OPTOPUS AI.

The public website can be visited without an account. Accounts exist only for OPTOPUS AI. The website may be visited by people of different ages; access to OPTOPUS AI is restricted to adults (see “OPTOPUS AI: accounts and age”).

The website describes OPTOPUS and its services. It does not currently process payments, and nothing on it is a binding quote or a commitment to specific project terms; those are set out in the project agreement.

OPTOPUS agrees to perform the services described in the applicable project agreement. Marketing, design, advertising and web development services do not have separate universal rules in these Terms: they are governed by the project agreement for that project.

To discuss a project, contact OPTOPUS at info@optopus.space.

Public prices and promotions may change. Quotes and proposals have their own terms and validity period. Promotions do not automatically apply retroactively to projects that are already contracted. The final price of a project is established through the applicable quote, proposal or contract.

To start a project, OPTOPUS asks for an initial payment of 10% of the project. The schedule for the remaining payments depends on the individual project and is agreed with the client; these Terms do not set a universal payment schedule.

How and when payments are made is set out in the project agreement.

Projects are developed progressively, and the client can review work during the process. Requests for changes are evaluated against the original scope of the project.

A change is not automatically a new project, and a new request is not automatically additional work. Only changes that clearly exceed the agreed scope may be treated as additional work.

A project is considered completed when OPTOPUS has delivered the agreed scope. The client should review delivered work and provide feedback within a reasonable period.

The client receives the final files that correspond to the contracted project. Editable or source files are provided when they are included in the project scope. OPTOPUS is not required to provide its internal tools, proprietary base code, internal templates, internal systems or internal processes.

Project communication takes place through the channels agreed between OPTOPUS and the client. The client should provide the information, materials, access, approvals, feedback and other inputs the project needs within a reasonable time.

If the client delays providing any of them, the project timeline may be extended, and OPTOPUS is not responsible for delays caused by the client. OPTOPUS may pause a project when necessary information, materials or approvals are missing. If the client stops responding or fails to provide necessary information, OPTOPUS may pause or close the project according to the applicable project agreement.

By the client. If a client cancels after work has started, the work completed up to the cancellation date may be charged. The specific situation is evaluated according to the individual project agreement; these Terms do not set the same fee for every cancellation.

By OPTOPUS. OPTOPUS may terminate or suspend a project or service for a serious client breach, non-payment, legal impossibility, technical impossibility, or significant security or operational risks. Work completed up to termination may be charged according to the applicable project agreement.

OPTOPUS does not make a universal refund promise. Whether a refund applies depends on the work already completed, the circumstances of the project, the applicable project agreement and the applicable payment terms.

The initial 10% payment is treated according to the project agreement. These Terms do not, by themselves, make any payment automatically refundable or automatically non-refundable.

• OPTOPUS technology. OPTOPUS retains ownership of its own base code, reusable systems, architecture, internal tools, templates, methods and proprietary technology.
• Client work. The work specifically created for and contracted by the client belongs to the client according to the project agreement. OPTOPUS does not claim ownership of the client’s finished project.
• Other services. For services other than websites, ownership depends on the type of project and the applicable project agreement.
• Client brands and materials. Clients retain ownership of their trademarks, logos, business names, brand assets and materials, and authorize OPTOPUS to use them as necessary to perform the project. That use does not transfer ownership to OPTOPUS.
• OPTOPUS brand. Clients may not represent OPTOPUS’s name, logo or branding as their own. Clients may mention OPTOPUS as a provider or collaborator. OPTOPUS may use its own branding in credits or case studies when appropriate and consistent with any confidentiality or publication agreement. Specific arrangements may be set in individual contracts.
• Third-party components. These remain subject to their own licenses (see “Third-party assets”).

OPTOPUS may use images, video, music, fonts, software and other third-party resources when they are appropriately licensed or permitted. Third-party resources may have usage restrictions. If an additional license or payment is required, OPTOPUS will communicate it to the client when applicable. OPTOPUS cannot grant rights that belong to third-party licensors.

The client represents that it has the rights or permissions needed for the materials it provides to OPTOPUS, including images, text, video, logos, trademarks, documents and other materials. The client is responsible for materials it provides without the necessary rights.

OPTOPUS may reject or modify requests involving illegal content, explicit sexual content, content involving minors in prohibited contexts, infringement of third-party rights, or other content that creates significant legal or safety risks.

Content created by OPTOPUS is developed according to the client’s information, objectives, instructions and preferences.

A project is not automatically confidential, and a public website is normally intended to be publicly accessible. However, client materials such as images, advertising materials, campaign information, strategies, files, business information and unpublished content may be treated as confidential where applicable.

A client may request that the entire project be treated as confidential. Specific confidentiality obligations may also be established in a separate agreement or project agreement.

OPTOPUS may show completed work in its portfolio, case studies, website, social media and promotional materials. The client may request that its project not be publicly displayed. If confidentiality or non-publication has been specifically agreed with the client, that agreement is followed.

Domains may be registered in the client’s name. OPTOPUS may manage hosting when it is included in the service. At the end of a project, the client may request access to, or transfer of, the services that belong to the client. OPTOPUS may continue managing hosting under an ongoing maintenance or service agreement.

If the client wants to continue a domain, hosting or other external service after the project, the applicable renewal costs must be covered according to the agreed service arrangement. OPTOPUS may manage renewals when an ongoing agreement exists, and will reasonably attempt to notify the client of relevant upcoming renewals when possible.

OPTOPUS may use third-party services necessary to provide a project or service, including hosting, domains, APIs, AI tools, software platforms and external integrations. OPTOPUS is responsible for the costs of apps and services that OPTOPUS has agreed to cover as part of the project; other third-party costs are handled as set out in the project agreement.

If a third-party service has an outage, error, limitation or technical failure, OPTOPUS will investigate the issue, determine the cause when reasonably possible, and work with the client to identify an available solution or a reasonable alternative. OPTOPUS is not automatically liable for failures caused by independent third parties.

The website and OPTOPUS services may link to or integrate external services. Those services have their own terms, privacy policies, security practices, availability and limitations, and OPTOPUS does not control them. OPTOPUS tries to minimize the information shared with third parties and to limit sharing to what is reasonably necessary to provide the relevant service, consistent with the Privacy Policy.

OPTOPUS provides a period of free support to correct errors caused by OPTOPUS in delivered work. If the project agreement states the length of that period, that period applies. Free support to correct errors does not mean that new changes or new functionality are free or unlimited.

OPTOPUS agrees to perform the services described in the applicable project agreement. OPTOPUS does not guarantee specific commercial outcomes such as sales, revenue, customers, leads, rankings, growth or advertising performance. Any estimates, objectives or expectations are not guarantees.

OPTOPUS AI requires an account; the rest of the website does not. OPTOPUS AI is available only to users 18 years of age or older. When you create an account you confirm that you are 18 or older, and accounts created before that rule must confirm it before using OPTOPUS AI, as described in the Privacy Policy. OPTOPUS AI is not available to minors.

You must provide accurate account information, protect your account credentials, not share your account, and use your account responsibly.

OPTOPUS may suspend or terminate an account for illegal activity, abusive use, security threats or violation of these Terms. OPTOPUS may also close accounts that remain inactive for a prolonged period; no fixed inactivity period is currently defined.

You may request deletion of your OPTOPUS AI account. The Privacy Policy explains how deletion works and what is retained. Some information may remain where the Privacy Policy says so — for example, data already sent to an external AI provider stays under that provider’s terms — so these Terms do not promise that every technical copy disappears instantly.

OPTOPUS AI is part of the OPTOPUS platform. It allows users to explore AI capabilities, test the platform, interact with AI tools, experiment with experiences developed by OPTOPUS and use the OPTOPUS AI functionality that is available.

You may not use OPTOPUS AI, or any part of the website or OPTOPUS systems, for or in connection with:

• illegal activities or fraud;
• abuse, sexual exploitation, explicit sexual content, or content involving minors in prohibited contexts;
• stealing or exposing credentials, or obtaining or exploiting private information without authorization;
• attacking OPTOPUS systems, manipulating or overloading the platform, or interfering with its operation;
• accessing systems without authorization or bypassing security controls;
• introducing malware or malicious code;
• attempting to compromise third-party systems.

OPTOPUS may limit, suspend, restrict or terminate access for abusive or prohibited use, and when security risks are detected.

OPTOPUS may use AI to create, analyze, transform, improve and generate content, and to assist with content and services. Users may use generated outputs for their own projects where lawful.

AI output may contain errors, may be inaccurate or incomplete, may not always be original, and may require human review and editing. OPTOPUS does not guarantee that every generated result is error-free. You are responsible for reviewing outputs before using them in important or consequential situations.

You retain your rights to the content you provide to OPTOPUS AI. You authorize OPTOPUS to process that content as necessary to provide the service, and you represent that you have the right to provide it. OPTOPUS does not automatically acquire ownership of content you provide.

OPTOPUS may use external AI providers and technologies to provide AI functionality. OPTOPUS does not control those providers, and does not promise absolute confidentiality or zero data retention. Where external AI providers process information, the Privacy Policy explains the applicable data practices, and you should not send information you are not comfortable sharing on that basis.

OPTOPUS makes reasonable efforts to maintain the availability of the website and OPTOPUS AI, but does not guarantee continuous, uninterrupted availability. Interruptions may result from maintenance, updates, technical errors, infrastructure problems, external service failures, outages or security events. OPTOPUS will reasonably attempt to investigate and resolve issues.

OPTOPUS is responsible for the services it has agreed to provide. OPTOPUS is not automatically responsible for indirect losses, lost revenue, lost opportunities, failures of independent third-party services, or events outside its reasonable control.

When a problem occurs, OPTOPUS will investigate and seek a reasonable solution within the applicable project scope.

Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited, or any right you have that cannot legally be waived.

OPTOPUS is not responsible for failing or delaying to perform because of circumstances outside its reasonable control, including, where applicable, internet failures, electricity failures, infrastructure failures, server failures, external platform outages, third-party service changes, natural disasters, emergencies, government actions, war or similar extraordinary events, third-party delays and client-caused delays.

This clause does not excuse ordinary negligence or ordinary failures that OPTOPUS could reasonably control.

OPTOPUS may communicate with clients and users about projects, services, payments, support, accounts and operational matters. Marketing communications are handled consistently with the Privacy Policy and applicable consent requirements.

OPTOPUS may send legal communications to the email address associated with the account or provided by the client. Clients may send legal notices to info@optopus.space. Project-related communications may use the channels agreed with the client.

OPTOPUS and the client are independent parties. These Terms do not create employment, partnership, joint venture, agency or franchise, and neither party may legally bind the other except as expressly agreed.

The client may not transfer the agreement without OPTOPUS’s authorization. OPTOPUS may transfer its rights or obligations when necessary for business operations, subject to the original obligations. Any transfer must respect the applicable agreement.

OPTOPUS may update these Terms when necessary. The updated version shows its effective date, and where appropriate important changes may be communicated to users. Continued use of the website or OPTOPUS AI after the updated Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

These Terms are governed by the laws of the State of Texas. If a dispute arises, the parties will try to resolve it as follows:

1. first, through good-faith direct resolution between OPTOPUS and the client;
2. then, where appropriate, through mediation;
3. if it remains unresolved, the dispute may proceed before a court with appropriate jurisdiction.

These Terms do not require arbitration.

Severability. If one provision is invalid or unenforceable, the remaining provisions remain effective. The parties should attempt to replace the invalid provision with a valid one that preserves its intended purpose as much as legally possible.

Entire agreement. These Terms, together with the applicable proposal, quote and project agreement, constitute the agreement concerning the applicable services. Prior discussions that directly conflict with the final agreement do not override it. Project-specific modifications must be agreed by the parties.

Survival. Provisions that by their nature should survive termination remain effective, which may include, where applicable, intellectual property, confidentiality, unpaid amounts, liability and dispute provisions.

These Terms and our Privacy Policy are linked and should be read together: these Terms govern use of the website, OPTOPUS services and the contractual relationships that arise from them, while the Privacy Policy governs personal-data processing and privacy practices. Our Cookie Policy describes the cookies and browser storage in use.

Questions, notices and privacy requests: info@optopus.space. Return to the OPTOPUS website.