Terms of Service

1. Acceptance of Terms

Welcome to OptiLM, operated by Optifusion ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the OptiLM website located at optilm.com, including all content, features, and services offered (collectively, the "Service").

These Terms constitute a legally binding agreement between you and Optifusion. Please read them carefully before using our Service.

2. Eligibility

To use OptiLM, you must:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned or removed from the Service

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the security of your account credentials. We recommend:

• Using a strong, unique password
• Not sharing your account with others
• Logging out after each session on shared devices

3.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Description of Service

OptiLM provides the following features:

• AI Chat: An interface to interact with artificial intelligence models for conversation, questions, and assistance.
• Leaderboard: A ranking system displaying AI model performance metrics.
• Notebook: A personal space for storing notes and content.
• Feedback: A system for submitting feedback and suggestions.

The Service is provided "as is" and may be modified, updated, or discontinued at any time without prior notice.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Content

• Submit, upload, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Generate content that promotes violence, discrimination, or hatred against individuals or groups
• Create or distribute child sexual abuse material (CSAM) or content sexualizing minors
• Share content that infringes on intellectual property rights
• Distribute malware, viruses, or other harmful code
• Engage in phishing or fraudulent activities

5.2 Prohibited Activities

• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Circumvent rate limits or security measures
• Impersonate any person or entity
• Collect or harvest user data without consent
• Use the Service for any commercial purpose without authorization
• Attempt to reverse engineer or decompile any part of the Service

6. AI Service Disclaimer

6.1 Nature of AI Responses

The AI chat feature uses third-party artificial intelligence models. You acknowledge and agree that:

• AI responses are generated by machine learning models and may be inaccurate, incomplete, or misleading
• AI does not have personal opinions, feelings, or consciousness
• AI responses should not be considered professional advice (medical, legal, financial, etc.)
• You should independently verify any important information provided by the AI

6.2 No Guarantee of Accuracy

We do not guarantee the accuracy, completeness, reliability, or suitability of AI-generated content. The AI may:

• Produce factually incorrect information ("hallucinations")
• Provide outdated information
• Generate biased or inappropriate responses despite our best efforts
• Fail to understand context or nuance

6.3 Not a Substitute for Professional Advice

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and branding, is owned by Optifusion and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding without authorization
• Remove any copyright or proprietary notices

7.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

8. User Content

8.1 Ownership

You retain ownership of any content you create or submit through the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing the Service.

8.2 Responsibility

You are solely responsible for your User Content and the consequences of posting or sharing it. You represent that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe on third-party rights
• Your User Content complies with these Terms and applicable laws

8.3 Removal

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.

9. Subscriptions and Billing

9.1 Subscription Plans

OptiLM offers tiered subscription plans (Slate, Amber, Obsidian, and Diamond) that provide varying levels of access to AI-powered features. Plan details, pricing, and included features are described on our Pricing page and may be updated from time to time.

9.2 Payment Processing

All payments are processed securely through Stripe, Inc. ("Stripe"). By subscribing to a paid plan, you authorize Stripe to charge your selected payment method on a recurring monthly basis. You agree to provide accurate and complete billing information and to keep it up to date.

9.3 Billing Cycle

Subscriptions are billed monthly starting from the date of your initial subscription. Your payment method will be charged automatically at the beginning of each billing period. If your payment fails, we may suspend your access to paid features until payment is resolved.

9.4 Upgrading and Downgrading

You may change your subscription plan at any time. When upgrading, you will be charged the prorated difference for the remainder of your current billing period. When downgrading, the change takes effect at the end of your current billing period, and you will retain access to your current plan until then.

9.5 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to your paid plan features until the end of your current billing period. After that, your account will revert to the free Slate plan. No partial refunds are provided for unused portions of a billing period.

9.6 Refund Policy

Refunds are generally not provided for subscription fees already charged. However, we may consider refund requests on a case-by-case basis for the following circumstances:

• Technical issues that prevented you from using the Service for a significant portion of your billing period
• Accidental duplicate charges
• Unauthorized transactions (subject to verification)

To request a refund, contact us at legal@optilm.com within 14 days of the charge. Refunds, if approved, will be processed through Stripe to your original payment method.

9.7 Price Changes

We reserve the right to change subscription prices. If we change pricing, we will provide at least 30 days' notice before the new price takes effect. Your continued subscription after the price change constitutes acceptance of the new pricing. If you do not agree, you may cancel your subscription before the new pricing takes effect.

9.8 Usage Limits

Each subscription tier includes daily message limits and other usage caps as described on the Pricing page. These limits reset every 24 hours. Attempting to circumvent usage limits through multiple accounts or automated means is a violation of these Terms.

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

11. Third-Party Services

The Service may integrate with or link to third-party services, including:

• AI providers (Anthropic)
• Payment processor (Stripe)
• Font providers (Google Fonts)
• External websites linked from our content

We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

12. Disclaimers

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service
• Warranties that the Service will meet your requirements or expectations

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Optifusion and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater
• We are not liable for any damages resulting from:
  • Your use or inability to use the Service
  • Unauthorized access to your data
  • Conduct of third parties on the Service
  • AI-generated content or responses
  • Service interruptions or data loss

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Optifusion and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

15. Termination

14.1 Termination by You

You may terminate your account at any time by deleting it through your account settings or by contacting us.

14.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• Provisions of these Terms that should survive termination will remain in effect

16. Modifications to Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Change features, functionality, or content without notice
• Impose limits on certain features or restrict access to parts of the Service

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Optifusion operates, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in that jurisdiction.

18. Dispute Resolution

17.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve any dispute informally by contacting us. We will try to resolve the dispute informally within 60 days.

17.2 Formal Resolution

If we cannot resolve a dispute informally, you agree that any dispute arising from these Terms or the Service will be resolved through binding arbitration or in small claims court, rather than in court.

17.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

19. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of these Terms
• For material changes, we will provide notice through the Service or via email
• Your continued use of the Service after changes constitutes acceptance of the new Terms

If you do not agree to the modified Terms, you must stop using the Service and delete your account.

20. Contact Information