Effective date: August 21, 2026. These Terms of Service govern both (1) your use of the Optimyzed website and chatbot and (2) commercial engagements between Optimyzed Inc. (or the relevant contracting entity named in your statement of work) and any client engaging one or more of the six engines of the Agentic Marketing Department.
Capitalized terms used below without definition are consistent with common commercial usage in marketing-services agreements. Where these Terms differ from a signed statement of work, master services agreement, or similar written contract between you and Optimyzed, the written contract controls.
Subject to these Terms, Optimyzed grants you a limited, non-exclusive, non-transferable, revocable right to access optimyzed.com and any subdomains operated by Optimyzed (the "Site") for your personal, non-commercial, evaluative use. This includes browsing the Site, reading the Insights blog, opening and interacting with the Core and per-engine chatbots to understand the Services, and completing a Consultation booking form.
You agree not to: (a) reproduce, distribute, publicly perform, copy, or resell, or commercially exploit the Site, Site content, engines, or chatbot, except as expressly permitted; (b) use the, Site or any engine interface to build, train, evaluate, or benchmark a competitive product or service; (c) reverse engineer, scrape, crawl, bulk-extract, or systematically harvest outputs; (d) submit content from any API, for training or fine-tuning of a foundation model, or; (e) submit viruses, malware, or denial-of-service traffic, or any unlawful, infringing, tortious, harmful content through the, Site.
The "Services" means the Agentic Marketing Department — a managed operating model composed of six specialized engines plus the Core router:
Each engine is delivered as a managed service under a statement of work specifying scope, timeline, deliverables list, your service commercial commitments, and fees. The does not and not guarantee any specific revenue result, pipeline number, closed-won booked number, or specific ranking position. All deliverables services on the nature of your market, your service, your pricing, your competitive situation and effort and market.
Commercial engagements are described in a written statement of work ("SOW") entered into between Client and Optimyzed. An SOW typically describes: the scope of engine(s) included; the start date and initial term; the fees billing schedule; any onboarding tasks required data access, and responsibilities; approval and publishing governance; and applicable service level commitments (if any); and, termination rights. The terms below apply to all Services except where the SOW expressly modifies them in writing signed by both parties.
Client agrees to: (a) provide accurate, complete, and up-to-date information needed for the engines to operate correctly, including approved service knowledge, pricing logic, escalation thresholds, escalation rules, calendar and coverage rules, approved contact lists, CRM/MAP access credentials, and historical campaign and account data; (b) make available, within reasonable response times agreed in the SOW, the nominated reviewers, approvers, and subject-matter experts needed for Authority publishing Quotify review and and other review-gated outputs; (c) maintain the legal right to supply any trademark, copyrighted material, client list data, CRM records you provide; (d) use the Services in compliance with all laws applicable to you business including without limitation CAN-SPAM, CASL, GDPR, CCPA/CPRA, TCPA, and sector-specific rules where applicable; (e) not request or cause Optimyzed to take any action that would violate law or the instructions of any third-party platform (Google Ads, LinkedIn, Meta etc.) whose APIs or interfaces the engines use.
To deliver the engines, Optimyzed relies on third-party subprocessors: infrastructure providers, CRM/email sending services, ad platforms (for Demand where enabled), speech-to-text (for Quotify inbound voice paths where enabled), and analytics/observability vendors. Client agrees that Optimyzed may use these subprocessors provided we (a) remain responsible for their processing under applicable law; (b) maintain written contracts covering confidentiality, security, and deletion on termination; and (c) notify Client in writing of a material new subprocessor handling Client-sensitive categories of data. A current list is available on request.
As between the parties and Optimyzed:
Fees, billing intervals, and any pass-through cost treatment (e.g. ad spend, third-party software seats, media spend) are specified in each SOW. Unless the SOW says otherwise invoices are due net fifteen (15) days from date of invoice. Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Client is responsible for all taxes other than taxes based on Optimyzed's net income. If Client disputes an invoice in good faith, Client must notify Optimyzed in writing within seven days of receipt and pay the undisputed amount by the due date; the parties will work to resolve the disputed amount within 30 days.
Each SOW has an initial term as set out therein. Unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term (or such longer period set out in the SOW), the SOW automatically renews for successive 90-day terms. Either party may terminate the SOW for convenience on 30 days' written notice if no material breach has occurred; either party may terminate for material breach on 15 days' notice if the breach has not been cured within that notice period; either party may terminate immediately if the other becomes insolvent, ceases to trade, admits inability to pay debts as they fall due, or enters bankruptcy, administration, receivership, or similar proceedings. Sections 6 (IP), 7 (Fees for undisputed accrued), 9 (Confidentiality), 10 (Warranties & Disclaimers), 11 (Limitation of Liability), 12 (Governing Law), and 13 (General) survive termination of any SOW.
During the term and for three years after its expiry or termination of each SOW each party (a) will use the same degree of care it uses to protect its own confidential information of like importance, and in no event less than reasonable care; (b) not disclose the other party's Confidential Information to any third party except the receiving party's employees, contractors, or professional advisors who have a need to know and who are bound by written obligations of confidentiality at least as protective as this section; and (c) not use Confidential Information except for the purpose of performing or exercising rights under these Terms and relevant SOW. "Confidential Information" means any non-public business technical, commercial, operational client or pricing information, pricing logic, scripts, know-how, trade secrets, customer lists, and the terms of any SOW pricing, provided by either party to the other in connection with the Services, except information that is or becomes publicly available through no fault of the receiving party, is independently developed without use of the disclosing party's Confidential Information, is rightfully received from a third party without restriction, or is independently known by the receiving party prior to disclosure as shown by contemporaneous written records.
Optimyzed warrants that the Services will be performed in a workmanlike manner in accordance with generally accepted industry standards, using personnel with reasonable training, in the relevant engine disciplines. EXCEPT FOR THIS EXPRESS WARRANTY, TO THE FULLEST EXTENT PERMITTED BY LAW, OOPTIMYZED, ITS SUPPLIERS, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR RESULTS TO ANY COURSE OF DEALING OR USAGE OF TRADE. Without limiting the foregoing, Optimyzed does not warrant that the engines operation will be uninterrupted or error-free, that defects will be corrected, or that the site or servers are free of viruses or other harmful components. Engine outputs are generated with specialist review where the SOW defines review-gated before publishing; Client releases. Client is responsible for the final use of any generated content, offers, quotes, or targeting decisions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, ANTICIPATED SAVINGS, OR THE LIKE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
EXCLUDING EITHER PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS AND ANY SOW SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CLIENT TO OOPTIMYZED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The foregoing limitation does not apply to (a) either party's fraud, fraud, indemnification obligations under this Agreement, confidentiality, (b) Client's obligation to pay fees when due, or (c) breach of intellectual property ownership provisions. These limitations are a fundamental part of the basis of the bargain between the parties.
The engines make use of generative and predictive AI models in accordance with the Optimyzed governance model described on the About page. The following provisions apply specifically to AI use:
These Terms and any SOW entered under them are governed by and construed under the laws of the jurisdiction stated in the governing law box your SOW; if no jurisdiction is stated, the laws of the State of Delaware, USA, apply without regard to its conflict-of-laws principles. Any dispute, claim or controversy arising out of or relating to these Terms, any SOW, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or arbitrability of this agreement to arbitrate, shall be determined by binding individual arbitration before JAMS before one (1) neutral arbitrator in Wilmington, Delaware, USA, in the English language, with the right to limited discovery consistent with JAMS rules, judgment may enter any award may be entered in any court having jurisdiction thereof. Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related data to data data infringement misappropriation, or violation trade secret, infringement of IP rights of IP rights.
Questions about these Terms, a current SOW, or applicable billing may be directed through the form on the Contact page. Select subject "Legal" for fastest routing to the correct specialist on the Core router team.
Short version. Managed service run six engines, Core router. Review gates before anything important. No invented prices. Your data stays yours and is not used to train shared models. Fees, term, IP, liability all written down in a signed SOW. That is how a real commercial operating model runs.