Terms of Service
Effective Date: March 1, 2026
Contact: support@opta.io
Opta is an independent business unit of Tiburon Media Group, LLC. The Opta lead distribution platform and associated services (“Service”) are 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 Service. Please read them carefully before using the Service.
1. Use of Service
To access certain features of the Service, the User may be required to register for an account. When registering, the User agrees to provide accurate, current, and complete information.
The User is responsible for maintaining the confidentiality of their account credentials and for all activities under their account. The User agrees to notify Opta immediately of any unauthorized access or security breach.
Opta services are not intended for individuals under the age of eighteen (18).
Opta may suspend or terminate access to the Service at any time for violation of these Terms, prolonged inactivity, or other cause. For non-material breaches, Opta will provide written notice and a reasonable cure period before suspending access, unless the breach poses an immediate security risk.
Opta may modify, suspend, or discontinue any part of the Service at any time. Continued use after changes constitutes acceptance.
2. Intellectual Property and Restrictions
Opta and its licensors retain all right, title, and interest in and to the Service, including all software, technology, documentation, trademarks, and intellectual property. Nothing in these Terms grants the User any right to Opta’s intellectual property except the limited right to access and use the Service during the term of the agreement.
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, platform, or Services, in whole or in part, without prior written consent from Opta.
3. User Content
Users retain ownership of any content uploaded or submitted through the Service (“User Content”).
Users grant Opta a non-exclusive, worldwide, royalty-free license to use, process, and display User Content solely as necessary to provide and improve the Service. This license terminates upon deletion of the User Content or termination of the User’s account, subject to any retention obligations described in these Terms.
4. User Responsibilities and Restrictions
Users shall not:
- Transmit or display highly sensitive information (e.g., social security numbers, credit card details, health data) without explicit compliance
- Post unlawful, defamatory, obscene, offensive, or misleading content
- Engage in unauthorized advertising or spam
- Modify, reverse engineer, or create derivative works of the platform
- Impede or inhibit others from using the platform or Services
Users shall not upload, store, process, or transmit any of the following types of data through the Opta platform:
- Personally Identifiable Information (PII) beyond what is necessary for business use
- Financial information unless explicitly authorized and stored in compliance with PCI-DSS
- Protected Health Information (PHI) under HIPAA unless approved by Opta
- Sensitive biometric data
- Government-issued identifiers unless required for compliance
- Infringing or unlawful content
Violations of this section may result in immediate account suspension or termination without notice.
5. Telemarketing and Communications Compliance
Users are solely responsible for ensuring that their use of leads obtained through the Service complies with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), CAN-SPAM Act, and any state-specific telemarketing, do-not-call, or consumer protection laws.
Users agree to maintain all required consents, disclosures, and records necessary to demonstrate compliance. Opta does not provide legal advice regarding compliance and makes no representations regarding the suitability of any lead for a particular communication method.
Users shall indemnify and hold harmless Opta from any claims, damages, fines, or penalties arising from the User’s failure to comply with applicable telemarketing or communications laws.
6. Data Ownership, Security, and Retention
Users retain ownership of their data. Opta is not responsible for the accuracy, legality, or compliance of User-submitted data.
Opta follows industry-standard security practices, including encryption in transit and at rest, access controls, and compliance with relevant regulations (e.g., GDPR, CCPA). Security practices align with SOC 2 standards.
Opta does not sell, rent, or share User Data with third parties for advertising or marketing purposes.
Data Retention:
- Lead data is retained for up to four (4) years
- Ping data is retained for 30 days
- User data is deleted 30 days post-termination unless required by law
- Users may request data deletion via support@opta.io
Breach Notification: Opta will notify affected Users of any confirmed data breach within 72 hours, including breach scope and mitigation steps.
7. Warranties and Liability
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Opta shall not be liable for any indirect, incidental, consequential, or special damages. Opta’s total liability for any claims arising out of or related to the Service shall not exceed the total fees paid by the User in the twelve (12) months preceding the event giving rise to such claim.
The limitations in this section shall not apply to: (a) either party’s indemnification obligations; (b) either party’s breach of confidentiality obligations; (c) the User’s breach of Section 2 (Intellectual Property and Restrictions) or Section 4 (User Responsibilities); or (d) either party’s willful misconduct or fraud.
8. Billing and Cancellation
All payments are final and non-refundable. If a User cancels, they retain access until the end of the current billing period. No partial refunds will be issued.
Pricing, payment terms, and renewal conditions are defined in the Service Agreement or Order Form between Opta and the User.
Lead volume is measured on a monthly basis and may be rounded up to the nearest billing tier threshold as defined in Opta’s internal pricing schedule. Rounding is applied uniformly across all customers and does not affect actual usage tracking.
Users must provide written notice at least thirty (30) days prior to canceling the Service. Fees incurred during the notice period remain payable, and access will continue through the end of the 30-day window unless otherwise agreed in writing.
Late Payment: Opta reserves the right to suspend access to the Service if any undisputed fees remain unpaid more than seven (7) days after the due date. Access will be restored upon receipt of all outstanding amounts. If payment is not received within fifteen (15) days after the due date, Opta may terminate the account and delete associated data. If payment is not received within thirty (30) days after the due date, Opta reserves the right to refer the account to a third-party collections agency. In such cases, the User agrees to pay all reasonable costs associated with the collection of past-due amounts, including agency fees, legal expenses, and court costs as permitted by applicable law.
Post-Termination Data: Upon cancellation or termination of the Service, Opta will retain Customer Data for a period of 30 days, after which all data will be permanently deleted from our systems, unless required by law or agreed upon in writing. During this retention period, Customers may request a data export in CSV or JSON format via a secure download link. After the retention window, recovery will not be possible.
Access and Delivery: Opta subscription fees entitle the User to access and use the Opta platform as made available during the applicable billing period. “Access” means the ability to log in and operate the platform consistent with the scope and functionality described in the current Service Agreement or Order Form. Access is not contingent on campaign performance, configuration support, third-party integrations, or the User’s actual usage. Failure to utilize the platform does not constitute non-delivery.
Billing Disputes: If the User believes an invoiced amount contains a material billing error, such as a misapplied pricing tier, duplicate charge, or exclusion of a contracted discount, they must notify Opta in writing within thirty (30) days of the invoice date. Opta will review and, if applicable, correct the invoice. Usage-based dissatisfaction, lack of campaign activity, or non-utilization of the platform do not constitute valid grounds for dispute.
Support Services: Opta’s subscription plans do not include onboarding, configuration, integration support, or any form of managed services unless expressly detailed in the User’s Order Form. Any such services provided outside of a formal agreement are discretionary, provided on an as-is basis, and may be modified or discontinued at any time without notice. The provision or withholding of discretionary support does not affect billing obligations for platform access.
No Withholding: The User may not withhold, offset, deduct, or delay payment of any invoiced amounts for any reason, including but not limited to dissatisfaction with the Service, unresolved support issues, performance of campaigns, outcomes of third-party integrations, or any other claim not directly related to a documented billing error as outlined above. All invoiced amounts must be paid in full and on time.
9. Third-Party Integrations
Opta integrates with third-party services (e.g., CRM, payment gateways). Opta is not responsible for failures, outages, or data issues caused by third-party providers.
10. Indemnification
Users agree to indemnify and hold harmless Opta, its officers, directors, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorney’s fees) arising from:
- User’s use of the Service
- User’s violations of these Terms, applicable laws, or third-party rights
- Any data uploaded or processed by the User
- User’s failure to comply with telemarketing or communications laws (Section 5)
11. Service Availability
Opta aims to provide 99.9% uptime availability for the Service, excluding scheduled maintenance and force majeure events. Opta does not guarantee uninterrupted or error-free operation. Scheduled maintenance and necessary updates may cause temporary disruptions, which will be communicated in advance whenever possible.
12. Confidentiality
Both parties agree to maintain the confidentiality of each other’s proprietary information (“Confidential Information”) for a period of three (3) years following disclosure, or indefinitely in the case of trade secrets.
Confidential Information does not include information that is: (a) publicly available through no fault of the receiving party; (b) known to the receiving party prior to disclosure; (c) independently developed without reference to the disclosing party’s Confidential Information; or (d) lawfully obtained from a third party.
Opta will only use Confidential Information as necessary to provide the Service. A receiving party may disclose Confidential Information if required by law, provided it gives the disclosing party prompt written notice (where legally permitted) to allow an opportunity to seek a protective order.
Upon termination of the agreement, each party shall promptly return or destroy the other party’s Confidential Information upon request and certify such destruction in writing.
13. Beta Features and Experimental Tools
Some features may be offered as beta or experimental. These features are provided “as is” and may be modified or discontinued at any time without prior notice. Opta makes no warranties regarding the reliability, accuracy, or availability of beta features.
14. Sub-processors and International Data Transfers
Opta may engage sub-processors to deliver the Service. All sub-processors are contractually bound to data protection and confidentiality standards consistent with these Terms.
Data may be processed in the United States or other jurisdictions, subject to appropriate safeguards including Standard Contractual Clauses where applicable.
15. Data Processing Agreement
Where applicable, Opta will enter into a Data Processing Agreement (DPA) to govern processing of Personal Data on behalf of the User, consistent with GDPR, CCPA, and other applicable data protection laws.
16. Export Compliance and Anti-Corruption
Users represent that they are not located in restricted territories or on prohibited lists maintained by the U.S. government. Users agree not to offer bribes or unlawful gifts in connection with the Service.
17. Usage Data Collection
Opta collects and analyzes usage data to enhance user experience and optimize platform performance, consistent with our Privacy Policy. Collection methods include cookies, logs, and analytics tools. Users may opt out via browser settings.
18. Feedback License
If the User provides feedback, suggestions, or ideas related to the Service, Opta may use, modify, and incorporate that feedback without restriction or obligation. The User grants Opta a perpetual, royalty-free, worldwide license to use such feedback for any purpose, including commercial use.
19. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.
All disputes shall be resolved exclusively in the state or federal courts located in San Francisco, California. The User agrees to submit to personal jurisdiction in California for the resolution of any disputes arising from this agreement.
Any claim or dispute arising out of the Service must be brought within one (1) year of the event giving rise to the claim. Otherwise, the claim is permanently barred.
Force Majeure: Opta shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, or infrastructure failures.
20. Changes to Terms
Opta may modify these Terms at any time. If changes materially affect Users, Opta will provide at least 30 days’ notice via email to the address associated with the User’s account. Continued use of the Service after the notice period constitutes acceptance of revised Terms.
21. General Provisions
Entire Agreement: These Terms, together with any applicable Order Form, Service Agreement, or Data Processing Agreement, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.
Order of Precedence: In the event of a conflict between these Terms and an Order Form or Service Agreement, the Order Form or Service Agreement shall control with respect to the subject matter of that document.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party’s right to enforce that provision or any other provision in the future.
Assignment: The User may not assign or transfer these Terms or any rights hereunder without Opta’s prior written consent. Opta may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.
Notices: All formal notices under these Terms shall be delivered via email to the addresses associated with the parties’ accounts, or by certified mail to the addresses on file. Notices are deemed received upon confirmed delivery.
Relationship of the Parties: Nothing in these Terms creates a partnership, agency, or joint venture between Opta and the User. Neither party has authority to bind the other.
Survival: Sections 2 (Intellectual Property), 5 (Telemarketing Compliance), 7 (Warranties and Liability), 8 (Billing, to the extent of unpaid obligations), 10 (Indemnification), 12 (Confidentiality), 18 (Feedback License), 19 (Governing Law), and 21 (General Provisions) shall survive termination or expiration of these Terms.
Audit Rights: Opta reserves the right to audit User compliance with these Terms, including data handling and usage restrictions, upon reasonable notice.
Contact Us
support@opta.io
Opta
39 Main St.
Tiburon, CA 94920
United States
By using our Service, the User acknowledges that they have read these Terms of Service and agree to be bound by them.
