Terms of Use
The Opta lead management platform and associated services are primarily designed for business enterprises and their personnel, including employees, contractors, and other representatives ("User") or (“Users”). These Terms of Service ("Terms") govern your access to and use of the Opta lead management platform and associated services ("Service"). Please read these Terms carefully before using the Service.
By accessing or using the Service, User agrees to be bound by these Terms. If User does not agree to Terms, User may not access or use the Service.
1. Use of Service
1.1. To access certain features of the Service, User may be required to register for an account. When registering for an account, User agrees to provide accurate, current, and complete information about yourself or company, as prompted by the registration form.
1.2. User is responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.
1.3. User agrees to notify us immediately of any unauthorized access to or use of your account or any other breach of security.
1.4. Opta services are not intended for individuals under the age of eighteen (18) years old.
2. Restrictions on Use of Services
2.1. Users are prohibited from copying, distributing, reproducing, modifying, mirroring, framing, publicly displaying, publicly performing, translating, creating derivative works, republishing, or transmitting content from the Opta Website, the Platform, or the Services, in whole or in part, without our prior written and explicit consent.
2.2. Violation of these Terms may result in penalties or statutory damages under applicable copyright, trademark, and patent laws.
3. User Content
3.1. The Service may allow User to submit, upload, or otherwise make available content, such as consumer data, text, images, or other materials (collectively, "User Content"). Any content that User uploads or submits using the Opta Platform, Website, or Services, including but not limited to images, photos, text, subscriber data, information, trademarks, slogans, audio, videos, fonts, logos, and any other materials ("User Content"), will remain Users property.
3.2. By using our services, User grants Opta a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable right and license to use, host, store, reproduce, modify, translate, create derivative works, publicly display, perform, and distribute User content in accordance with these Terms for the purpose of providing the Website and Services.
4. User Restrictions
4.1. User acknowledges and agrees that User is fully responsible and liable for any and all data User submits, shares, or transfers through Opta ("the Platform"). User shall not use Opta to:
(a) Transmit or display any highly sensitive information, including but not limited to social security numbers, confidential health data under HIPAA, credit card details, driver’s licenses, passports, or any other information that could reasonably be deemed highly sensitive ("Sensitive Data").
(b) Post unlawful, defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, threatening, inflammatory, discriminatory, or otherwise objectionable material.
(c) Share false, misleading, fraudulent, or inaccurate information.
(d) Promote sexually explicit content or infringe upon the legal rights (including publicity and privacy rights) of others or generate content that could result in civil or criminal liability under applicable laws or regulations or conflict with these Terms.
(e) Create content that poses a reasonable threat to personal or public safety.
(f) Infringe upon patents, trademarks, trade secrets, copyrights, or other intellectual property rights of any individual or entity.
(g) Engage in unsolicited or unauthorized advertising, including spam, junk mail, or chain letters, that violates the CAN-SPAM Act or TCPA.
(h) Modify, reverse engineer, or create derivative works of the Platform or Services without prior authorization.
(i) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Platform or Services available to unauthorized third parties.
(j) Falsify or remove author attributions, legal notices, or proprietary designations from uploaded content.
(k) Impersonate individuals or misrepresent affiliations without proper authorization.
(l) Conduct any activity that impedes or inhibits others from using or enjoying the Platform or Services, or exposes Opta, its users, employees, or affiliates to liability, damage, or detriment of any kind.
(m) Violate any applicable laws or regulations, including but not limited to GDPR, HIPAA, or CCPA.
4.2. Additionally, User agrees not to:
(a) reproduce, duplicate, download, store, distribute, or exploit the Platform, Website, or Services without prior written consent from Opta.
(b) attempt to reverse engineer, decipher, or gain unauthorized access to any part of the Website or Services.
(c) remove proprietary notices or watermarks from the Website or Services.
(d) interfere with the proper functioning of the Website or Services, including but not limited to attempting to breach security measures, introducing malware, or engaging in denial-of-service attacks.
(e) use automated tools or processes to extract information from the Website or Services without explicit permission from Opta.
(f) access other computer systems, materials, or information without proper authorization.
(g) overburden Opta servers or networks, leading to disruption of service for other users.
(h) harvest account names or other data from Opta.
(i) disable, damage, or circumvent security features implemented by Opta.
4.3. User shall be solely liable for any harm resulting from any of the above actions. User agree to indemnify, defend, and hold harmless Opta from any claims, actions, losses, harm, damage, injury, cost, or expense arising from Users breach of these Terms.
4.4. Violations of these user restrictions may result in civil or criminal liability. Opta reserves the right to investigate and collaborate with law enforcement authorities in prosecuting users who violate these Terms. Opta may suspend or terminate User access to the Platform and/or Services for any reason, with or without notice.
4.5. We reserve the right, at our sole discretion, to monitor User content and:
(a) Alter, remove, or refuse to post or allow to be posted any User Content on the Website or through the Services.
(b) Disclose any User Content, along with the circumstances surrounding its transmission.
(c) Take appropriate legal action against any illegal or unauthorized User content.
5. Data Use
5.1. By providing consumer data to Opta, User confirms and assures Opta that they hold all necessary rights to grant Opta and its subcontractors and service providers all required rights and licenses to the data for the operation of Opta.
5.2. Opta is prohibited from sublicensing or selling consumer data, except with User's consent for Opta's collection, analysis, and utilization of data derived from consumer data (including personal data) and/or information obtained from or about an individual that does not directly identify the individual, for the purpose of managing, analyzing, enhancing, or promoting Opta and its associated services.
5.3. If Opta publicly discloses information derived from consumer data (such as in marketing materials or application development), it will be aggregated or anonymized to prevent the identification of specific individuals.
5.4. User acknowledges that Opta retains the right, both during and after the Agreement term, to utilize, store, transmit, distribute, modify, replicate, display, sublicense, and create derivative works from the anonymized, aggregated data.
5.5. User has the right to request Opta to delete data at any time.
5.6. Opta is not obliged to delete information or data that has been de-identified and does not reasonably identify any individual.
5.7. User hereby represents, warrants, and agrees that:
(a) User has lawfully obtained consumer data, including personally identifiable information, and the data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights.
(b) data is free from all viruses, trojan horses, and other elements that could interrupt or harm the Opta platform or services.
(c) all data has been and will be collected by User in accordance with a privacy policy that permits Opta to share, collect, use, and disclose such data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by User to do each of the foregoing.
(d) User is solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to consumer data provided hereunder.
(e) all data complies with these Terms. Opta takes no responsibility and assumes no liability for any consumer data, and User will be solely responsible for their data and the consequences of sharing it hereunder.
(f) User may not submit, or cause to be submitted, any consumer data that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information, or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Children’s Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA), or which could give rise to notification obligations under data breach notification laws, without Opta's prior written approval.
6. Data Security and Retention
6.1. Opta is not designed for long-term data storage and will only retain User Data, such as leads and logs, for a limited duration. Users wishing to retain such information for future use must extract it from the Platform.
6.2. Opta reserves the right to automatically delete User Data, logs, or other stored information that exceeds a ninety (90) day retention period. Users understand and agree that Opta bears no responsibility for storing any User Data, logs, or leads beyond this ninety (90) day period, and hereby release Opta from any associated liability.
6.3. Opta is committed to maintaining robust administrative and technical safeguards to ensure the security, confidentiality, and integrity of User Data, as outlined in our Privacy Policy. Users are solely responsible for adequately securing, protecting, and backing up their own User Data, outside of the Opta platform.
7. Data Transfer
7.1. Services provided by Opta, along with any associated technology and derivatives, may be subject to the export laws and regulations of various jurisdictions, including the United States. Each Opta User confirms that they are not listed on any U.S. government denied-party list.
7.2. Users are prohibited from allowing any individual to access or use the Services in connection with any U.S. embargoed country or region (currently including, but not limited to, the Crimea, Luhansk or Donetsk regions, Cuba, Iran, North Korea, Russia, or Syria), or in violation of any U.S. export law or regulation.
8. Limitation of Liability
8.1. In no event shall Opta, nor its officers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) User access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service.
(b) any content obtained from the Service.
(c) unauthorized access, use, or alteration of Users transmissions or content, whether based on warranty, contract, tort (including negligence), or any other l egal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Indemnification
9.1. User shall indemnify, defend and hold harmless Opta and its officers, employees, partners, agents, suppliers, or affiliates from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorney’s fees) arising from or in connection with any breach of this agreement, except to the extent that such claims, damages, losses, liabilities, judgments, settlements, costs and expenses are caused by the negligence or intentional misconduct of Opta.
9.2. User shall promptly notify Opta of any such claim and reasonably cooperate with Opta in defense of such claims at the Users expense.
10. Termination
10.1. Opta may terminate or suspend Users access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if User breaches these Terms.
10.2. Upon termination, Users right to use the Service will immediately cease. If User wishes to terminate Users account, User may simply discontinue using the Service.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of California.
12. Changes to Terms
12.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12.2. By continuing to access or use our Service after any revisions become effective, User agrees to be bound by the revised terms. If User does not agree to the new terms, User is no longer authorized to use the Service.
13. Contact Us
If there are any questions about these Terms, please contact your Opta representative or send email to support@opta.io.
By using our Service, User acknowledges that User has read these Terms of Service and agrees to be bound by them.