1. Acceptance of Terms
Agreement to Terms
By accessing or using the Optiwise website, services, or any related applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you are prohibited from using or accessing the Services.
Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using our Services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services following such changes constitutes your acceptance of the modified Terms.
2. Description of Services
Software Development Services
Optiwise provides custom software development, web and mobile application development, cloud solutions, DevOps services, and related technology consulting services. The specific scope, deliverables, and terms of any engagement will be outlined in a separate Statement of Work (SOW) or service agreement.
IT Staffing Solutions
We offer IT staffing and augmentation services to help organizations scale their technical teams. Staffing engagements are governed by separate staffing agreements that define roles, responsibilities, and terms of engagement.
Consulting Services
Our consulting services include technology strategy, digital transformation guidance, AI and automation consulting, and technical advisory services. Consulting engagements may be project-based or ongoing, as defined in the applicable service agreement.
Service Availability
While we strive to maintain continuous availability of our website and services, we do not guarantee uninterrupted access. We may suspend or modify our Services at any time for maintenance, updates, or other operational reasons.
3. User Responsibilities
Accurate Information
You agree to provide accurate, current, and complete information when using our Services or communicating with us. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services to transmit any material that is harmful, threatening, abusive, defamatory, or otherwise objectionable, or that violates any applicable laws or regulations.
Cooperation
For service engagements, you agree to provide timely access to necessary resources, information, personnel, and systems as required for us to deliver the Services. Delays caused by failure to provide such access may impact project timelines and deliverables.
Compliance
You are responsible for ensuring that your use of our Services complies with all applicable laws, regulations, and industry standards, including data protection and privacy regulations applicable to your business.
4. Intellectual Property
Optiwise Property
All content, trademarks, logos, and intellectual property displayed on our website and in our marketing materials are owned by Optiwise or our licensors. You may not use, reproduce, or distribute any such content without our prior written permission.
Client Deliverables
Unless otherwise specified in a service agreement, custom software, applications, and other deliverables created specifically for a client during an engagement become the property of the client upon full payment of all applicable fees. We may retain the right to use general knowledge, skills, and techniques developed during the engagement.
Pre-existing Materials
Each party retains ownership of its pre-existing intellectual property. Any pre-existing materials, tools, libraries, or frameworks owned by Optiwise and incorporated into deliverables are licensed to the client on a non-exclusive basis as specified in the applicable service agreement.
Third-Party Components
Our deliverables may incorporate open-source software or third-party components subject to their respective licenses. We will provide documentation of any such components and their applicable license terms.
5. Limitation of Liability
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIWISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES.
Cap on Liability
Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you to Optiwise in the twelve (12) months preceding the claim, or one thousand dollars ($1,000), whichever is greater.
Essential Basis
The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Optiwise. Our Services would not be provided without such limitations.
6. Governing Law and Dispute Resolution
Governing Law
These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our Services shall first be attempted to be resolved through good faith negotiations between the parties. If negotiations fail, the dispute shall be submitted to binding arbitration in Sacramento County, California.
Arbitration
Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver
You agree to resolve any disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration against Optiwise.
7. Changes to Terms
Right to Modify
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. We will make reasonable efforts to notify users of material changes through our website or by other appropriate means.
Effective Date
Changes to these Terms become effective upon posting on our website unless otherwise specified. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.
Continued Use
Your continued use of our Services after changes to these Terms constitutes acceptance of the modified Terms. If you do not agree to any changes, you should discontinue using our Services immediately.
8. Contact Information
Questions and Notices
If you have any questions about these Terms of Service, or if you need to provide legal notices to Optiwise, please contact us through our website or by email. We will respond to your inquiries in a timely manner.
Legal Communications
All legal notices to Optiwise should be sent to our registered business address. We may provide notice to you at the email address or mailing address you have provided to us, or by posting notice on our website.
Questions About These Terms?
If you have any questions about these Terms of Service or need clarification on any provisions, please do not hesitate to contact us.
Contact UsThese Terms of Service are effective as of January 14, 2026 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
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