Effective: 05/16/2025
Opta is an independent business unit of Tiburon Media Group, LLC. The Opta lead distribution 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 distribution platform and associated services (“Service”). Please read these Terms carefully before using the Service.
1. Use of Service
1.1. 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.
1.2. The User is responsible for maintaining the confidentiality of their account credentials and for all activities under their account.
1.3. The User agrees to notify Opta immediately of any unauthorized access or security breach.
1.4. Opta services are not intended for individuals under the age of eighteen (18).
1.5. Opta may suspend or terminate access to the Service at any time, with or without cause, including for prolonged inactivity or violation of these Terms.
1.6 Opta may modify, suspend, or discontinue any part of the Service at any time. Continued use after changes constitutes acceptance.
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 prior written consent from Opta.
3. User Content
3.1. Users retain ownership of any content uploaded or submitted using Opta.
3.2. Users grant Opta a non-exclusive, worldwide, revocable, royalty-free license to use User Content for the purpose of providing the Service.
4. User Responsibilities and Restrictions
4.1. 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.
4.2. Violations may result in account suspension or termination without notice.
4.3. Prohibited Data 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 policy may result in immediate account suspension or termination without notice.
5. Data Ownership, Retention, and Liability
5.6. 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.
5.7. 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.
5.1. Users retain ownership of their data. Opta is not responsible for its accuracy, legality, or compliance.
5.2. Opta follows industry-standard security practices, including encryption and compliance with relevant regulations (e.g., GDPR, CCPA).
5.3. Opta shall not be liable for any indirect, incidental, consequential, or special damages. In any case, Opta’s total liability shall not exceed the total amount paid by the User for the Service in the twelve (12) months preceding the event giving rise to the claim.
5.4. 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.
5.5. Opta does not sell, rent, or share User Data with third parties for advertising or marketing purposes.
6. Billing & Cancellation
6.1. All payments are final and non-refundable.
6.2. If a user cancels, they retain access until the end of the current billing period. No partial refunds will be issued.
6.3. Pricing, payment terms, and renewal conditions are defined in the Service Agreement or Order Form between Opta and the User.
6.4. 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.
6.5 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.
6.6 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.
6.7 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 a commonly used format. After the retention window, recovery will not be possible.
6.8. 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.
6.9 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 ten (10) 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.
6.10 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.
6.11 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 in Section 6.9. All invoiced amounts must be paid in full and on time according to the payment terms set forth herein.
7. Third-Party Integrations
7.1. Opta integrates with third-party services (e.g., CRM, payment gateways).
7.2. Opta is not responsible for failures caused by third-party providers.
8. Indemnification
8.1. Users agree to indemnify and hold harmless Opta from claims, damages, and expenses arising from:
- User’s use of the service.
- User’s violations of laws or third-party rights.
- Any data uploaded or processed by the user.
9. Service Availability
Opta aims to provide 99.9% uptime availability for the Service but 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.
10. Governing Law and Dispute Resolution
10.1. This Agreement shall be governed by California law.
10.2. All disputes shall be resolved exclusively in the state or federal courts of San Francisco, California. The User agrees to submit to personal jurisdiction in California for the resolution of any disputes arising from this agreement.
10.3. Force Majeure: Opta shall not be liable for delays caused by unforeseen events.
10.4. Termination: Opta may suspend or terminate a User’s access to the Service at any time, with or without cause, including for prolonged inactivity or violation of these Terms.
10.5 Nothing in these Terms creates a partnership, agency, or joint venture between Opta and the User. Neither party has authority to bind the other.
10.6 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.
11. Changes to Terms
11.1. Opta may modify these Terms at any time. If changes materially affect Users, Opta will provide at least 30 days’ notice.
11.2. Continued use of the Service after updates constitutes acceptance of revised Terms.
12. Usage Data Collection
12.1. Opta collects and analyzes usage data to enhance user experience and optimize platform performance, consistent with our privacy policy.
12.2. Collection methods include cookies, logs, and analytics tools. Users may opt out via browser settings.
13. Confidentiality
13.1. Both parties agree to maintain the confidentiality of each other’s proprietary information.
13.2. Confidential Information does not include information that is public, known prior, independently developed, or disclosed lawfully.
13.3. Opta will only use Confidential Information as necessary to provide the Service.
14. Beta Features and Experimental Tools
14.1. 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.
15. Data Security
15.1. Opta maintains technical and organizational safeguards to protect User Data, including encryption and access controls.
15.2. Security practices align with SOC 2, GDPR, and CCPA requirements.
15.3. The Service is provided on an “as-is” and “as-available” basis, and Opta disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
16. Breach Notification
16.1. Opta will notify affected Users of any confirmed data breach within 72 hours, including breach scope and mitigation steps.
17. Sub-processors and International Data Transfers
17.1. Opta may engage sub-processors to deliver the Service. All subprocessors are contractually bound to data protection and confidentiality standards.
17.2. Data may be processed in the U.S. or other jurisdictions, subject to safeguards.
18. Export Compliance and Anti-Corruption
18.1. Users represent they are not in restricted territories or on prohibited lists.
18.2. Users agree not to offer bribes or unlawful gifts in connection with the Service.
19. Data Processing Agreement (DPA)
19.1. Where applicable, Opta will enter into a DPA to govern processing of Personal Data on behalf of the User.
20. Service Availability
20.1. Opta aims to maintain 99.9% uptime but does not guarantee uninterrupted service. Planned maintenance or downtime will be communicated in advance whenever possible.
21. Beta and Experimental Features
21.1. Some features may be released as beta or experimental and are provided on an “as-is” basis. Opta reserves the right to modify or discontinue such features at any time.
22. Feedback License
22.1. 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.
23. Contact Us
For questions about these Terms, contact support@opta.io.
By using our Service, the User acknowledges that they have read these Terms of Service and agree to be bound by them.