Terms of Service

Agreement to Terms

By accessing and using Opto Softechs Pvt. Ltd. (‘Service’, ‘Platform’, ‘we’, ‘us’, ‘our’), you agree to be bound by these Terms of Service (‘Terms’). If you do not agree to these Terms, please do not use our Service.

1. Service Description

1.1 What We Offer

Opto Softechs Pvt. Ltd. provides:

Desktop software sold as one-time purchase licences (Standard and Lifetime), including the AI Retail Inventory Software
Services provided on the basis of an individual quote or agreement
Social media marketing and management services
Digital marketing automation solutions
Customer engagement and communication platforms
Analytics and reporting features
Integration with third-party platforms

1.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any part of the Service
Update features and functionality
Change prices for future purchases
Implement technical updates and improvements

Such changes do not affect software licences you have already purchased: your right to use the software and the updates included in your licence (see Section 4) remain as agreed at the time of purchase. Price changes never apply to purchases already made.

2. Account Registration and Security

2.1 Account Creation

To use our Service, you must:

Provide accurate and complete registration information
Be at least 18 years of age or the age of majority in your jurisdiction
Have the legal capacity to enter into binding contracts
Maintain only one active account per person or entity

2.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access
Taking reasonable security measures to protect your account

2.3 Account Suspension and Termination

We may suspend or terminate your account if:

You violate these Terms or our policies
We detect fraudulent or illegal activity
Your account poses a security risk
Required by law or legal process
You fail to pay applicable fees

3. Acceptable Use Policy

3.1 Permitted Uses

You may use our Service for:

Legitimate business communication and marketing
Customer engagement and support
Automation of repetitive tasks
Social media management
Data analysis and reporting

3.2 Prohibited Activities

You must not:

Send unsolicited bulk messages or spam
Engage in fraudulent, deceptive, or illegal activities
Violate intellectual property rights
Distribute malware, viruses, or harmful code
Harass, abuse, or harm others
Impersonate any person or entity
Interfere with or disrupt our Service
Attempt to gain unauthorized access to our systems
Scrape or harvest user data without permission
Use our Service to violate platform policies (Facebook, Instagram, etc.)

4. Purchases, Prices and Payment

4.1 One-Time Purchases Only

We do not sell subscriptions. All software licences are one-time purchases and services are charged as one-time fees for the agreed scope of work. There are no recurring charges and no automatic renewals.

4.2 Software Licences

Business customers only: Our software licences are sold exclusively to businesses – companies, sole traders, retailers, freelancers and self-employed persons – for use in their trade, business or profession. We do not sell software to consumers. When ordering, you confirm that you are purchasing for your business and provide your company or trading name. If we become aware that a purchase was made by a consumer, we may decline the order or cancel the contract and refund the price paid.

Standard Licence: A perpetual licence to use the software, including free updates for 12 months from the date of purchase. After that period the software continues to work with the last version you were entitled to
Lifetime Licence: A perpetual licence to use the software, including free updates for as long as Opto Softechs Pvt. Ltd. is actively operating its business. The scope of lifetime updates, including what happens in case of business closure, insolvency, sale or acquisition, is set out in Section 5 of our Refund Policy
Each licence covers the number of installations stated in the product description
Activating the software on a new computer requires our online activation service; installations that are already activated work offline

4.3 Prices and Payment

Prices are shown on our website at the time of purchase and are payable once
Depending on the payment method, purchases are made directly with Opto Softechs Pvt. Ltd. or processed by an authorised reseller or payment provider acting as the seller of record; the seller named on your receipt or invoice collects payment and applicable taxes, and its terms shown during checkout apply in addition
Services are invoiced as set out in the individual quote or agreement
Promotional offers are subject to the conditions stated with the offer

4.4 Refunds and Withdrawal

As software licences are sold to business customers only, there is no statutory right of withdrawal for software purchases. Refunds, remedies for defects and, for consumers who purchase services, the statutory right of withdrawal are described in our Refund Policy. Mandatory statutory rights remain unaffected.

5. Intellectual Property Rights

5.1 Our Rights

We own all rights, title, and interest in:

The Service and its underlying technology
Our trademarks, logos, and brand elements
Software and algorithms
Documentation and training materials
Aggregate and anonymized data

5.2 Your Content

You retain ownership of content you upload or create. By using our Service, you grant us:

A worldwide, non-exclusive license to use your content
Rights to process and store your data
Permission to display content as necessary for the Service
Right to use anonymized data for improvement and analytics

5.3 License Restrictions

You may not:

Reverse engineer or decompile our software
Remove or modify proprietary notices
Create derivative works based on our Service
Resell or redistribute our Service without authorization

6. Data Protection and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

We process personal data in accordance with GDPR, CCPA, and applicable laws
You are the data controller for customer data processed through our Service
We act as data processor on your behalf
You must have legal basis to process data through our Service
Data Processing Agreement available upon request

7. Chatbot Services

7.1 User Responsibility

You are responsible for:

Monitoring automated conversations
Ensuring compliance with platform policies
Disclosing to users that they are interacting with a bot

8. Third-Party Integrations

8.1 Platform Connections

Our Service integrates with third-party platforms (Facebook, Instagram, WhatsApp, etc.). You acknowledge:

Third-party platforms have their own terms and policies
We are not responsible for third-party platform changes
Integration functionality may be affected by platform updates
You must comply with all third-party platform policies

8.2 API Usage

When using our APIs:

Comply with rate limits and usage restrictions
Maintain API key confidentiality
Use APIs only for authorized purposes
Accept responsibility for API-generated actions

9. Service Level and Availability

9.1 Service Commitment

We strive to provide:

High availability of our online services, such as licence activation and downloads (excluding scheduled maintenance)
Reasonable response times for support inquiries
Regular backups of data we host for you
Security measures to protect the Service

9.2 Maintenance and Downtime

Scheduled maintenance will be announced in advance
Emergency maintenance may occur without notice

Desktop software runs on your own computer and stores your business data locally; it does not depend on the availability of our online services once activated.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
UNINTERRUPTED OR ERROR-FREE OPERATION
ACCURACY OR RELIABILITY OF RESULTS

This disclaimer applies only to the extent permitted by applicable law. Statutory warranty rights for defects, in particular the rights of consumers, remain unaffected (see Section 3 of our Refund Policy).

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for indirect, incidental, or consequential damages
Our total liability shall not exceed fees paid in the 12 months prior to the claim
We are not liable for loss of profits, data, or business opportunities
These limitations apply even if we were advised of potential damages

10.3 Exceptions

These limitations do not apply to:

Death or personal injury caused by our negligence
Damage caused intentionally or by gross negligence
Breach of essential contractual obligations, where liability is limited to the foreseeable damage typical for this type of contract
Fraud or fraudulent misrepresentation
Liability under mandatory product liability law
Liability that cannot be excluded by law

11. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

Your use of the Service
Violation of these Terms
Infringement of third-party rights
Your content or data
Your violation of applicable laws

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution.

12.2 Arbitration

Disputes shall be resolved through binding arbitration, except:

Small claims court actions
Intellectual property disputes
Where arbitration is prohibited by law

12.3 Class Action Waiver

You waive the right to participate in class actions or class arbitrations.

12.4 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], excluding conflict of law principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement.

13.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

13.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver.

13.4 Assignment

You may not assign these Terms without our consent. We may transfer our rights and obligations under these Terms to another company only with your consent; we will inform you in advance of any proposed transfer, including the name of the new provider. In the event of a sale, merger or acquisition, Section 5.3 of our Refund Policy applies to Lifetime Licences.

13.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

14. Changes to Terms

We may modify these Terms by:

Posting updated Terms on our website
Notifying users via email
Requiring acceptance for material changes

Continued use after changes constitutes acceptance of modified Terms. Changes do not reduce the rights you acquired with a purchase already made, including the updates included in your licence.

15. Contact Information

For questions about these Terms:

Email: contact@optosoftechs.com
Website: https://optosoftechs.com

These Terms of Service are effective as of September 2026.