Terms of Service

By accessing or using the Optik platform, including the website at optik-app.com, the dashboard, API, and browser SDK (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not use the Service.

Optik is an A/B testing and experimentation platform that provides:

• Browser SDK — a lightweight JavaScript library (<5KB gzipped) that runs on your website, assigns visitors to experiment variants, and reports conversion events
• Dashboard — a web application for creating experiments, configuring targeting rules, using the visual editor, and viewing statistical results
• API — a RESTful API for programmatic access to experiments, metrics, and configuration
• Visual Editor — a tool for creating experiment variants by modifying page elements without writing code

The Service is currently in open beta. Features, pricing, and availability may change during the beta period. See Section 12 for beta-specific terms.

• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You must promptly notify us of any unauthorized use of your account
• You are responsible for all activity that occurs under your account
• You may not share account credentials or API keys with unauthorized parties
• Account administrators are responsible for managing team member access and permissions

You agree not to use the Service to:

• Run deceptive experiments — experiments that mislead visitors about the nature of a product, its pricing, or terms of purchase
• Inject malicious code — use the visual editor or SDK to inject scripts, malware, or code that harms visitors or their devices
• Violate privacy laws — collect personally identifiable information through experiments without proper consent and disclosure
• Discriminate — use targeting rules to show different experiences based on protected characteristics (race, gender, religion, etc.) in a manner that violates applicable law
• Circumvent security — attempt to bypass authentication, access controls, rate limits, or other security measures
• Interfere with the Service — overload infrastructure, scrape data, or reverse-engineer the platform
• Violate laws — use the Service for any purpose that violates applicable local, state, national, or international law

We reserve the right to suspend or terminate accounts that violate these terms.

By installing the Optik SDK on your website, you acknowledge and agree that:

• You are solely responsible for ensuring your use of the SDK complies with all applicable privacy laws, including GDPR, CCPA, and ePrivacy regulations
• You are responsible for providing appropriate privacy disclosures to your website visitors about the use of A/B testing and data collection
• You must obtain any necessary consent from your visitors before running experiments, as required by applicable law
• You are the data controller for any visitor data collected through the SDK on your website; Optik acts as a data processor
• You are responsible for the content of your experiments, including any text, images, or layout changes created through the visual editor

Optik's IP: The Service, including the SDK, dashboard, API, documentation, and all associated intellectual property, is owned by Optik. These Terms do not grant you any rights to our trademarks, logos, or brand assets.

Your content: You retain all rights to the content you create through the Service, including experiment configurations, variant content, and custom metrics. We claim no ownership over your content.

License to us: You grant Optik a limited, non-exclusive license to host, process, and display your content solely for the purpose of providing the Service.

Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Optik acts as a data processor for SDK visitor data; you are the data controller
• We process data only as necessary to provide the Service and as instructed by you
• We do not sell visitor data to third parties
• Customers requiring a formal Data Processing Agreement (DPA) may request one by contacting us

• We target 99.9% uptime for the API and SDK configuration endpoints
• During the beta period, uptime is provided on a best-effort basis and is not guaranteed by an SLA
• The SDK is designed to fail gracefully — if Optik is unavailable, your website continues to function normally and visitors see the default (control) experience
• We will make reasonable efforts to provide advance notice of scheduled maintenance
• We are not liable for downtime caused by factors outside our control, including internet service provider failures, force majeure events, or third-party service outages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Optik is not liable for any revenue changes, conversion rate changes, or business outcomes resulting from experiments you run using the Service. A/B testing inherently involves showing different experiences to visitors, and outcomes are not guaranteed. You assume all risk associated with the experiments you create and deploy.
• Optik shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the cause of action or theory of liability.
• Optik's total aggregate liability for any claims arising out of or related to these Terms or the Service shall not exceed the amount you paid to Optik in the twelve (12) months preceding the claim.
• These limitations apply regardless of whether Optik has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Optik and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• The content of experiments you create, including text, images, and code changes made via the visual editor
• Your use of the SDK on your website, including any failure to comply with applicable privacy laws
• Your violation of any applicable law, regulation, or third-party rights
• Any dispute between you and your website visitors related to experiments or data collection

• Either party may terminate the agreement by providing 30 days written notice
• We may suspend or terminate your account immediately for violations of these Terms
• Upon termination, you will have a 30-day data export window to download your experiment data and configurations via the API
• After the export window, we will delete your data in accordance with our Privacy Policy
• The SDK will stop serving experiment configurations immediately upon account termination; visitors will see the default experience
• Sections 6, 9, 10, and 14 survive termination

During the beta period:

• The Service is provided "as is" and "as available" without warranties of any kind
• Features may be added, modified, or removed without notice
• Pricing is not guaranteed and may change when the Service reaches general availability
• We may impose usage limits to ensure fair access for all beta participants
• Beta feedback you provide may be used to improve the Service
• We will provide at least 30 days notice before ending the beta period or transitioning to paid pricing

We may update these Terms from time to time. We will notify you of material changes by email or via a notice in the Optik dashboard at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. You agree that any dispute resolution proceedings will be conducted on an individual basis, not as a class action or representative proceeding.

• Severability — if any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
• Entire agreement — these Terms, together with the Privacy Policy, constitute the entire agreement between you and Optik regarding the Service
• Waiver — failure to enforce any provision of these Terms shall not constitute a waiver of that provision
• Assignment — you may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets
• Force majeure — neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or infrastructure failures

If you have questions about these Terms, contact us at:

• Email: [email protected]
• Website: optik-app.com