Optio AI Terms and Conditions of Service

Effective as of 14.08.2017

 

  1. Introduction………………………………………………………………………………………………………… 3
  2. Service………………………………………………………………………………………………………………. 3

2.1       General Description…………………………………………………………………………………….. 3

2.2       Use of the Service………………………………………………………………………………………… 3

2.3       Access to the Service…………………………………………………………………………………….. 5

2.4       Your Password and Account Security……………………………………………………………… 5

  1. Software and Hardware……………………………………………………………………………………….. 5
  2. Third Party Products……………………………………………………………………………………………. 6
  3. Cookies Policy……………………………………………………………………………………………………. 6
  4. Personal Information…………………………………………………………………………………………… 6
  5. Privacy Policy…………………………………………………………………………………………………….. 6

7.1       Collecting Information………………………………………………………………………………….. 7

7.2       Scope of the Use of Personal Information……………………………………………………….. 7

7.3       Sharing Personal Information……………………………………………………………………….. 8

7.4       Access to Personal Information……………………………………………………………………… 8

  1. Intellectual Property…………………………………………………………………………………………….. 8
  2. Warranties made by the Customer…………………………………………………………………………. 8
  3. No Warranties of Optio AI…………………………………………………………………………………… 9
  4. Limitation of Liability…………………………………………………………………………………………. 9
  5. Indemnity…………………………………………………………………………………………………………. 10
  6. Amendments and Changes to this Agreement……………………………………………………….. 10
  7. Resolution of Disputes……………………………………………………………………………………….. 10
  8. Governing Law…………………………………………………………………………………………………. 11
  9. Termination………………………………………………………………………………………………………. 11

16.1     Termination by the Customer………………………………………………………………………. 11

16.2     Termination by Optio AI……………………………………………………………………………… 11

  1. Modification to the Services……………………………………………………………………………….. 11
  2. General Provisions…………………………………………………………………………………………….. 11

18.1     Severability……………………………………………………………………………………………….. 11

18.2     No Assignment, Sublicense or Transfer…………………………………………………………. 12

18.3     Communications by Optio AI……………………………………………………………………….. 12

18.4     Entire Agreement……………………………………………………………………………………….. 12

  1. Contact Information…………………………………………………………………………………………… 12

 

1. Introduction

Welcome and thanks for choosing our services!

The services are provided by Optio LLC (“Optio AI”,“We”), a company incorporated in Georgia with identification number 404520737 and with registered address at Apartment 44, N17 Kekelidze Str., Old Tbilisi District, Tbilisi Georgia.

This Terms and Conditions of Service (the “Agreement”) is a legal document between you (“User”, “You”) and Optio AI, it governs your use of services owned, controlled or offered by Optio AI via Facebook Chat and/or website available at http://www.optio.ai (the “Website”) (collectively referred to as the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY.

To confirm your understanding and acceptance of the Agreement, click “Agree”. By clicking “Agree” you consent to be bound by this Agreement as well as:

  1. Privacy Policy;
  2. Additional third party terms and conditions indicated in this Agreement or in other documents on the Website.

If you don’t agree with the Agreement or if any of the terms of this Agreement are unacceptable to you or in the event that any future changes are unacceptable to you, do not use the Service. Your continued use of the Service now, or following the introduction of any changes in this Agreement, will indicate acceptance by you of such changes.

2. Service

2.1 General Description

2.1.1 Optio AI provides a personal financial advice and management service that allows you to consolidate and track your financial information. The Service will allow you to check your balance, request aggregate financial information for the definite period, amount, category. The Service only intends to assist you in managing, consolidating, tracking and organizing your finances. The Service in no way intends to provide any tax or financial assistance or advice. Any information, advice, recommendations or other content You obtain through the use of the Service shall be solely implemented by You.

 

2.2 Use of the Service

2.2.1 You agree that you will use the Service solely in accordance with this Agreement and that all information supplied by you to us will be true, accurate, current and complete.

2.2.2 You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.

2.2.3 We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.

2.2.4 You represent, warrant, and agree that you will not:

  1. You will not use the Service in any manner that damages, disables, or impairs any component of our Services or interferes with any other party’s use of Service;
  2. attempt to gain unauthorized access to the Service;
  3. use the Service for any purpose or in any manner that is unlawful or prohibited by this Agreement;
  4. use the Service if you are legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service;
  5. use data from the Subscription Service in legal proceedings or otherwise as evidence;
  6. permit or otherwise enable unauthorized users to access and/or use the password-protected portions of the Service;
  7. use the Service to export data in violation of applicable laws or regulations;
  8. sell, copy, duplicate, rent, lease, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing);
  9. modify the Service, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
  10. remove any copyright, trademark, patent or other proprietary notices from the Service;
  11. distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
  12. exploit the Service or collect any data incorporated in the Service in any automated manner through the use of any automated means;
  13. register as a user of the Service by providing false, inaccurate, or misleading information;
  14. use the Service to post hyperlinks to commercial services or websites;
  15. use the Service to impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  16. collect personal data about other users of the Service for commercial or any other purposes;
  17. attempt to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
  18. create or attempt to create multiple user accounts on the Service.

2.3 Access to the Service

2.3.1 Provided that you comply at all times with the terms of this Agreement, we hereby give you a personal, worldwide, revocable, non-assignable and non-exclusive right to access and use the Service to the extent we make it available to you in the manner and for the purposes expressly permitted by the Agreement.

2.3.2 We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement.

2.4 Your Password and Account Security

2.4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be responsible to us for all activities that occur under your account.

2.4.2 Any unauthorized use of Your account or other breaches of security should be reported to Optio AI immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your Services.

3. Software and Hardware

3.1 To access the Services, retain the records and notices we provide to you electronically, you will need:

  1. valid email and Facebook address;
  2. a computer system that operates on a platform;
  3. a connection to the Internet;

3.2 By accepting and agreeing to this Agreement you satisfy the minimum hardware and software requirements specified above.

4. Third Party Products

4.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Optio AI. and your use of this third-party servicesis subject to their terms of use.

4.2 Optio AI has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Optio AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

5. Cookies Policy

5.1 You agree that Optio AI may also collect information about you automatically when you visit the Website or access content in our electronic communications with you. The collection of information may involve the use of cookies and web beacons, that allow us to identify your computer and find out details about your visit and browsing habits so that we can offer you a more personalized experience and manage, monitor and improve services.

6. Personal Information

You agree that Optio AI may use and maintain your data according to the Privacy Policy as provided in Section 7 below, as part of the Services. By uploading or entering any information for Services and by using the Services, you agree and grant Optio AI permission to aggregate your personal data entered or uploaded to help us enhance our Services. You also agree that Optio AI may combine your financial data, if any, with that of others in a way that does not identify you or any individual person and to share or publish summary results relating to research data and to distribute or license such data to third parties. Optio AI also has the right to aggregate non-personal information with that of other users of the Services. Optio AI may use the aggregated, non-identifiable data to improve the Services, to design promotions and generally to compare and improve business practices. You also agree that Optio AI may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

7. Privacy Policy

This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.

7.1 Collecting Information

Optio AI collects personal information from you directly or by using services of the third contracting party. The categories of information Optio AI collects from you are as follows:

  1. Information about the user

When you use the Service, you may provide to Optio AI and Optio AI may collect “personally identifiable” information, such as your name and e-mail address, mailing address, mobile phone number, and demographic information such as age, education, gender, interests, and location.

  1. Financial Information

In order for you to benefit from the full functionality of our Services, our Services require access to your financial account data, including transaction history, balances, and account information. For this purposes, Optio AI (or third party contractor) gather your financial transaction data, balances and retrieve your financial account data from third party financial institutions.

  1. Log files

Optio AI may gather certain information automatically and store it in log files. This information may include information about your computer and your visits to the website such as your IP address, geographical location, browser type, referral source, the length of visit and pages viewed.

7.2 Scope of the Use of Personal Information

You agree that Optio AI may collect, hold, process and use your personal information for the purpose of providing you with the Services and developing our business which includes (without limitation):

  1. to operate, maintain and provide you with the Services;
  2. to personalize the features, performance, and support of the Services for your use;
  3. to send you administrative notifications, such as security, support, or maintenance advisories;
  4. to respond to your inquiries related to the Services;
  5. to send you promotional/marketing information, newsletters, surveys, offers, or other information;
  6. to provide you with opportunities and functionality that we think would be of particular interest to you;
  7. to improve the quality of the Services;

7.3 Sharing Personal Information

We may disclose your personally identifiable information and other information we collect in some circumstances in connection with providing the Service and the operation of our business including any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.

7.4 Access to Personal Information

You have the right to request that your Personal Information is deleted. Anytime you want your data removed from our system, you can request us to delete your account, your data containing personally identifiable information will be permanently deleted from servers and further access to your account will be impossible. Optio AI reserves the right to use any aggregated or anonymous data derived from or incorporating your personal Information.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, or if you no longer desire to use our Services, you may correct, delete inaccuracies, or amend information by making the change at any time via the Service.

8. Intellectual Property

8.1 You acknowledge and agree that Optio AI owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, trade names, domain names, technology, know-how, design rights, trade secrets and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country.

8.2 You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within the Service.

8.3 You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. Warranties made by the Customer

By agreeing to this Agreement You represent and warrant to Optio AI that:

  1. You are at least eighteen (18) years or older have the power, legal authority to enter into this Agreement and to be bound by its terms;
  2. You have not previously been suspended or removed from the Service; and
  3. Your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Agreement and you agree to be bound by these Agreement on behalf of such organization.

10. No Warranties of Optio AI

10.1 We provide our Services using a commercially reasonable level of skill and care. We do not make any specific promises warranty or representation of any kind about the Services.

10.2 We expressly disclaim all warranties, whether express, implied including without limitation, any warranty of non-infringement, quality, and/or fitness of the Services for a particular purpose.

10.3 We do not warrant the accuracy, reliability or completeness of any information provided by us in connection with Your use of the Service, or that the Service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the Service, will meet Your requirements or be available, uninterrupted, error-free.

10.4 Any material or information downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Agreement.

11. Limitation of Liability

11.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the the Service.

11. 2 In no event will Optio AI, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for:

  1. any indirect, or consequential (including loss of use, data, business, or profits) damages, arising out of the use or inability to use the Service;
  2. unauthorized access to or alteration of your personal information
  3. any liability for all claims relating to the Optio AI service.

12. Indemnity

You will indemnify, defend and hold Optio AI harmless, at your expense, from and against any and all liabilities, claims, (including, without limitation, third-party claims) brought against Optio AI its officers, directors, employees, agents, service providers, licensors, and affiliates against damages, losses, costs (including reasonable attorneys’ fees), or other expenses to the extent that such actions are based upon or arise out of:

  1. unauthorized or illegal use of the Service by You;
  2. Your noncompliance with or breach of this Agreement;
  3. Your violation of the rights of any third party;
  4. unauthorized use of the on Service by any other person using your user information.

Optio AI will notify you in writing within thirty (30) days of our becoming aware of any such claim, give you sole control of the defense or settlement of such a claim and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on Optio AI; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Optio AI without our prior written consent.

For the avoidance of doubt, this section shall survive the termination of this Agreement.

13.  Amendments and Changes to this Agreement

We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, and when we do so, we will provide you with reasonable notice that a change, amendment or modification has been made. You agree that reasonable notice includes, by way of example, a reasonably prominent posting on the Website or the sending of an e-mail to you, indicating that this Agreement has been changed. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by Us.

If you do not agree with a modification to the Agreement, You must notify us in writing within thirty (30) days after receiving notice of modification and terminate your access to and use of the Service. Your continued use of the Service after the amended Agreement has become effective indicates that you have read, understood and agreed to the amended version of the Agreement.

14. Resolution of Disputes

Any claim, cause of action or dispute arising out of or relating to this Agreement or provision of Service shall be resolved exclusively by Courts of Georgia.

15. Governing Law

Interpretation, construction and performance of this Agreement, including the provision of the services under this agreement in any country outside of Georgia, shall be governed by and construed and enforced in accordance with the the laws of Georgia.

16. Termination

This Agreement is effective until terminated by Optio AI or you. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.

16.1 Termination by the Customer

You can stop using Services and cancel or disable Services at any time. You may terminate Your user account, user name any associated email address and access to the Services by submitting such termination request to us.

Optio AI gives You option to disable the Services in which case your data and user account information will remain unchanged for the duration of one year and You have right to request renewal of the Services any time during this period.

16.2 Termination by Optio AI

Optio AI in its sole discretion and without prior notice may suspend or terminate this Agreement, your account, or use of our Website and remove and discard any content within the Service without liability or further obligation of any kind whatsoever, with or without cause, including if Optio AI believes that you have violated or acted inconsistently with the requirements and obligations set out in this Agreement.

17.  Modification to the Services

We reserve the right to modify or discontinue the Service from time to time, including including, without limitation by adding or deleting features and functions. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.

18.  General Provisions

18.1 Severability

If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

18.2 No Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.

18.3 Communications by Optio AI

You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement. Your consent will remain in effect until you withdraw your consent as specified above

18.4 Entire Agreement

This Agreement constitute all the terms and conditions agreed upon between you and Optio AI and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from You to Optio AI are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Optio that are not contained in the Agreement.

19.  Contact Information

Notices pursuant to this Agreement will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.

To Optio AI:

Via registered mail to Apartment 44, N17 Kekelidze Str., Old Tbilisi District, Tbilisi Georgia

Via e-mail at hello@optio.ai

The addresses provided may be updated as part of any update to these Agreement.

To you:

Your address as provided by You. We may give electronic notices by general notice via the Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information. You must keep all of your account information current. You acknowledge and agree that Option shall have no liability associated with or arising from your failure to maintain accurate contact or other information.