Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Optower platform, applications, APIs, website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. About Optower

Optower is an AI-powered platform that helps organizations automate security questionnaires, vendor due diligence, compliance documentation, and security knowledge management. The Services are intended solely for business and enterprise users.

2. Eligibility

You may use the Services only if:

• You are at least 18 years old
• You have authority to act on behalf of your organization
• Your use complies with all applicable laws and regulations

3. User Accounts

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your credentials, restricting access to your account, and all activities occurring under your account. You must immediately notify Optower of any unauthorized use of your account.

4. Acceptable Use

You agree not to:

• Violate applicable laws
• Upload malicious software
• Attempt unauthorized access to the Services
• Reverse engineer the platform
• Interfere with platform availability
• Use the Services to distribute harmful or illegal content
• Use automated tools to scrape the Services without authorization

5. Customer Content

Customers may upload security questionnaires, vendor assessments, policies, procedures, certifications, risk assessments, penetration test reports, compliance documentation, architecture documentation, and other business records.

Customers retain ownership of all uploaded content. By uploading content, you represent that you have all necessary rights and permissions to use and process such information.

6. AI Features

Optower uses artificial intelligence to parse questionnaires, categorize questions, detect similar questions, recommend historical answers, generate draft responses, recommend supporting evidence, identify security gaps, and recommend remediation activities.

AI-generated content is provided solely as a recommendation. Customers remain solely responsible for reviewing, validating, approving, and submitting all responses. Optower does not provide legal, regulatory, compliance, or professional advice.

7. Intellectual Property

Optower and all associated software, trademarks, logos, designs, documentation, and intellectual property remain the exclusive property of Optower and its licensors. These Terms do not transfer any ownership rights to customers.

8. Customer Data

Customers retain ownership of all uploaded data. Optower receives only a limited right to process customer data for the purpose of providing the Services. We will not sell customer data.

9. Confidentiality

Optower will treat customer data as confidential. Both parties agree to protect confidential information using reasonable administrative, technical, and organizational safeguards.

10. Security

Optower implements industry-standard security measures including encryption in transit and at rest, role-based access control, audit logging, multi-factor authentication, and secure development practices. While we strive to maintain a secure platform, no system can guarantee absolute security.

11. Service Availability

We aim to provide reliable Services but do not guarantee uninterrupted availability. Maintenance, upgrades, outages, or circumstances beyond our control may temporarily affect service availability.

12. Third-Party Services

The Services may integrate with third-party providers including cloud hosting services, identity providers, AI providers, and payment processors. Optower is not responsible for third-party services or their availability.

13. Fees and Payments

Certain Services require payment. Applicable pricing, billing cycles, and payment terms will be specified in your subscription agreement or order form. Failure to pay may result in suspension or termination of access.

14. Suspension and Termination

Optower may suspend or terminate access if these Terms are violated, required fees are unpaid, use creates security risks, or required by law. Customers may terminate their subscription in accordance with their agreement.

15. Disclaimer

16. Limitation of Liability

To the maximum extent permitted by law, Optower shall not be liable for indirect, incidental, consequential, or special damages, lost profits, lost business opportunities, loss of data, or business interruption.

Optower's total liability arising from the Services shall not exceed the total fees paid by the customer during the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot legally be excluded.

17. Indemnification

You agree to indemnify and hold harmless Optower, its officers, employees, contractors, and affiliates from claims arising from your use of the Services, your uploaded content, violation of these Terms, or violation of applicable laws.

18. Data Protection

Processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Agreement (DPA).

19. Export Compliance

Customers agree not to use the Services in violation of applicable export control or sanctions laws.

20. Changes to the Services

We may modify, improve, suspend, or discontinue features of the Services from time to time. Where appropriate, reasonable notice will be provided.

21. Changes to these Terms

We may update these Terms periodically. Material changes will be communicated through the platform or by other appropriate means. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws specified in the applicable customer agreement. Where no separate agreement exists, the governing law shall be determined by the jurisdiction in which Optower is incorporated.

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