Terms and Conditions

Introduction

These Terms govern:

• the use of OptyMacros, and
• any other related Agreement or legal relationship with OptyMacros LIMITED

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by OptyMacros LIMITED and Users, Users acknowledge and agree that, where OptyMacros has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

OptyMacros is provided by:

Company: OptyMacros LIMITED

Address: 11th Floor, The Center, 99 Queen’s Road Central, Central, Hong Kong

Email: support@optymacros.com

“OptyMacros” refers to:

• applications for mobile, tablet and other smart device systems
• the Application Program Interfaces (API)

The following documents are incorporated by reference into these Terms:

• Health Disclaimer

What the User Should Know at a Glance

• The Service/OptyMacros is only intended for Consumers.
• Usage of OptyMacros and the Service is age restricted: to access and use OptyMacros and its Service the User must be an adult under applicable law.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using OptyMacros.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using OptyMacros, Users confirm to meet the following requirements:

• Users must qualify as Consumers
• Users must be recognized as adult by applicable law
• Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country
• Users aren’t listed on any U.S. government list of prohibited or restricted parties
• Users aren’t located in a sanctioned territory designated by an authority that OptyMacros LIMITED is directly or indirectly subject to

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by OptyMacros.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform OptyMacros LIMITED via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for Account Registration

Registration of User accounts on OptyMacros is subject to the conditions outlined below. By registering, Users agree to meet such conditions:

• Accounts registered by bots or any other automated methods are not permitted
• Unless otherwise specified, each User must register only one account
• Unless explicitly permitted, a User account may not be shared with other persons

Account Termination

Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of OptyMacros.

Account Suspension and Deletion

OptyMacros LIMITED reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on OptyMacros

Unless where otherwise specified or clearly recognizable, all content available on OptyMacros is owned or provided by OptyMacros LIMITED or its licensors.

OptyMacros LIMITED undertakes its utmost effort to ensure that the content provided on OptyMacros infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content on OptyMacros - All Rights Reserved

OptyMacros LIMITED holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on OptyMacros, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on OptyMacros, the User may download, copy and/or share some content available through OptyMacros for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by OptyMacros LIMITED are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content Provided by Users

OptyMacros LIMITED allows Users to upload, share or provide their own content to OptyMacros.

By providing content to OptyMacros, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Users acknowledge and accept that by providing their own content to OptyMacros they grant OptyMacros LIMITED a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to OptyMacros.

Users acknowledge, accept and confirm that all content they provide through OptyMacros is provided subject to the same general conditions set forth for content on OptyMacros.

Users are solely liable for any content they upload, post, share, or provide through OptyMacros.

Users acknowledge and accept that OptyMacros LIMITED filters or moderates such content after it has been made available.

Therefore, OptyMacros LIMITED reserves the right to refuse, remove, delete, or block such content at its own discretion and to deny access to OptyMacros to the uploading User without prior notice, if it considers such content to infringe these Terms, any applicable legal provision or third-party right, or to otherwise represent a risk for Users, third parties, OptyMacros LIMITED and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold OptyMacros LIMITED harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through OptyMacros.

Removal of Content from Parts of OptyMacros Available Through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to Provided Content

Content that Users provide to OptyMacros is made available according to the criteria outlined within this section.

Publicly Available Content

Content meant for public availability shall be automatically made public on OptyMacros upon upload or, at the sole discretion of OptyMacros LIMITED, at a later stage.

No personal data, identifier or any other information related to Users (such as a User-ID, avatar or nickname etc.) shall appear in connection with the published content, unless Users decide otherwise on their own initiative.

Content for Determined Audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.

No personal data, identifier or any other information related to Users (such as a User-ID, avatar or nickname etc.) shall appear in connection with the content, unless Users decide otherwise on their own initiative.

Users may (and are encouraged to) check on OptyMacros to find details of who can access the content they provide.

Access to External Resources

Through OptyMacros Users may have access to external resources provided by third parties. Users acknowledge and accept that OptyMacros LIMITED has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

How to File a Takedown Notice (DMCA Notice)

If copyright holders or their agents believe that any content on OptyMacros infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing OptyMacros LIMITED’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OptyMacros LIMITED to locate the material
• Information reasonably sufficient to permit OptyMacros LIMITED to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail
• A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to OptyMacros LIMITED’s Copyright Agent at the contact details specified in this document.

Acceptable Use

OptyMacros and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of OptyMacros and/or the Service violates no applicable law, regulations or third-party rights.

Whenever OptyMacros LIMITED should intend to adopt a measure to protect its legitimate interests that would result the User’s access to OptyMacros or the Service being prevented entirely or considerably restricted (even just temporarily), OptyMacros LIMITED will notify the affected User thereof 0 days before the measure becomes effective, unless such delay would cause irreparable harm to OptyMacros LIMITED’s legitimate interests.

Therefore, OptyMacros LIMITED reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to OptyMacros or the Service, terminating contracts, reporting any misconduct performed through OptyMacros or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct Restrictions

• Pretending to fulfill any possible condition or requirements for accessing OptyMacros and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer
• Concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party
• Manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted
• Defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way
• Promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on OptyMacros
• Probing, scanning or testing the vulnerability of OptyMacros, including the services or any network connected to the website, nor breaching the security or authentication measures on OptyMacros, including the services or any network connected to OptyMacros
• Installing, embedding, uploading or otherwise incorporating any malware into or via OptyMacros
• Using OptyMacros or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes)
• Attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on OptyMacros or the Service
• Pretending to purchase any Products offered via OptyMacros without any real intent to do so
• Failing to pay for Products purchased

Excessive Use of the Service

• Using a resource of OptyMacros excessively in relation to other Users of OptyMacros – in such cases, OptyMacros LIMITED, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption

Scraping

• Adopting any automated process to extract, harvest or scrape information, data and/or content from OptyMacros and all the digital properties thereto related unless where explicitly allowed to do so by OptyMacros LIMITED

Content Restrictions

• Disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate
• Publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence
• Disseminating or publishing any content that is false or may create unjustified alarm
• Using OptyMacros to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent
• Using OptyMacros to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data
• Publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of OptyMacros or another User’s experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.

User Protection

• Misappropriating any account in use by another User
• Harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on OptyMacros or by any other means
• Using any information relating to other Users, including personal or contact data, for purposes other than those OptyMacros is intended for

Commercial Use Restrictions

• Registering or using OptyMacros in order to promote, sell or advertise products or services of any kind in any way
• Indicating or trying to imply in any manner, that a User stands in a qualified relationship with OptyMacros or that OptyMacros has endorsed the User, the User’s products or services or any third party’s products and services for any purpose

Prohibition of Child Sexual Abuse and Exploitation

Creating, uploading, or distributing content that facilitates the exploitation or abuse of children is expressly prohibited. Such activities include all child sexual abuse materials, etc.

Tell-a-Friend

OptyMacros gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on OptyMacros. In order to take advantage of this offer, Users may invite others to purchase the Products on OptyMacros by sending them a tell-a-friend code provided by OptyMacros LIMITED. Such codes can only be redeemed once.

If upon purchase of the Products on OptyMacros any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on OptyMacros.

Tell-a-friend codes may be limited to specific Products among those offered on OptyMacros.

OptyMacros LIMITED reserves the right to end the offer at any time at its own discretion.

While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

Software License

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to OptyMacros are held by OptyMacros LIMITED and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, OptyMacros LIMITED merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of OptyMacros and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is OptyMacros LIMITED’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

OptyMacros LIMITED reserves the right to release updates, fixes and further developments of OptyMacros and/or its related software. Users may need to download and install such updates to continue using OptyMacros and/or its related software.

However, in order to get access to completely new versions or releases of the software Users may need to purchase a separate license.

The User may download, install, use and run the software on 5 devices.

However, it may not be permitted to run the software on more than one device at a time.

Notwithstanding the foregoing, the User undertakes to immediately delete any copies of the software upon the expiry of the license under which such software is provided to the User.

The software licensed to Users shall be valid and functional for the entire duration of the subscription, subject to the conditions of the Agreement including, without limitation, any possible required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of software. To the extent required under applicable law and/or the Agreement, OptyMacros LIMITED commits to correcting and resolving possible defects and/or faults impairing the software’s functionality during the validity period, unless these result from any improper or irregular use of the software, including (without limitation) the User’s failure to implement any required updates.

API Usage Terms

Users may access their data relating to OptyMacros via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses OptyMacros, is bound by these Terms and, in addition, by the following specific terms:

• The User expressly understands and agrees that OptyMacros LIMITED bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API

Terms and Conditions of Sale

Paid Products

Some of the Products provided on OptyMacros, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of OptyMacros.

To purchase Products, the User must register or log into OptyMacros.

Product Description

Prices, descriptions or availability of Products are outlined in the respective sections of OptyMacros and are subject to change without notice.

While Products on OptyMacros are presented with the greatest accuracy technically possible, representation on OptyMacros through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it

Order Submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly
• Upon submission of the order, Users will receive a receipt confirming that the order has been received

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on OptyMacros are displayed:

• Either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing

Offers and Discounts

OptyMacros LIMITED may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of OptyMacros.

Offers and discounts are always granted at OptyMacros LIMITED’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of OptyMacros LIMITED, as indicated in OptyMacros LIMITED’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, OptyMacros LIMITED can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases
• A Coupon cannot be applied cumulatively
• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value
• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of OptyMacros.

All payments are independently processed through third-party services. Therefore, OptyMacros does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of OptyMacros to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, OptyMacros LIMITED shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, OptyMacros LIMITED reserves the right to claim any related expenses or damages from the User.

Purchase via App Store

OptyMacros or specific Products available for sale on OptyMacros must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of Product Ownership

Until payment of the total purchase price is received by OptyMacros LIMITED, any Products ordered shall not become the User’s property.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by OptyMacros LIMITED.

Delivery of Digital Content

Unless otherwise stated, digital content purchased on OptyMacros is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Term and Termination

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Trial Period

Users have the option to test OptyMacros or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of OptyMacros may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on OptyMacros.

The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

Open-ended Subscriptions

Paid subscriptions begin on the day the payment is received by OptyMacros LIMITED.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Subscriptions Handled via Apple Account

Users may subscribe to a Product using the Apple Account associated with their Apple App Store account by using the relevant process on OptyMacros. When doing so, Users acknowledge and accept that:

• Any payment due shall be charged to their Apple Account
• Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires
• Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period
• Subscriptions can be managed or cancelled in the Users’ Apple App Store account settings

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination by the User

Subscriptions may be terminated by sending a clear and unambiguous termination notice to OptyMacros LIMITED using the contact details provided in this document, or — if applicable — by using the corresponding controls inside OptyMacros.

Termination by the User of Open-ended Subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to OptyMacros LIMITED using the contact details provided in this document, or — if applicable — by using the corresponding controls inside OptyMacros.

Terminations shall take effect 0 days after the notice of termination has been received by OptyMacros LIMITED.

Termination by the Owner of Open-ended Subscriptions

OptyMacros LIMITED reserves the right to terminate the subscription for convenience at any time by sending a termination notice to the User. The termination shall take effect at the end of the notice period.

The notice period is 0 days.

Termination for Cause and/or Impossibility of Performance

OptyMacros LIMITED expressly reserves the right to terminate the contract effective immediately for cause and/or impossibility of performance — such as, for instance, orders from public authorities, breach against statutory law or infringement of third-party rights, actual or impending insolvency, inappropriate use of OptyMacros.

In particular, OptyMacros LIMITED may terminate the contract with immediate effect should the User be a sanctioned person or entity, or be based in a sanctioned territory designated by an authority that OptyMacros LIMITED is directly or indirectly subject to.

Statutory Rights of Termination

Any mandatory statutory rights of termination set out by applicable law shall remain unaffected.

Modification of Digital Products

The following applies to Users qualifying as European Consumers.

OptyMacros provides a Digital Product to Users over time. In order to ensure conformity of the Digital Product at all times, OptyMacros LIMITED reserves the right to modify the Digital Product from time to time at no additional cost for Users, by duly informing Users about any such upcoming modification and its reasons.

Where Users maintain that such modification would negatively impact their access to or use of the Digital Product, and such negative impact would not be only minor, Users shall have the right to terminate the contract with OptyMacros LIMITED within no less than 30 days of receiving the information about the upcoming modification, or of the implementation of the modification - whichever is later.

Provision of Personal Data

To access or receive some of the Products provided via OptyMacros as part of the Service, Users may be required to provide their personal data as indicated on OptyMacros. If the User withdraws consent to the processing of personal data required for the provision of the Service, OptyMacros LIMITED reserves the right to terminate the contract with the User.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The Right of Withdrawal Does Not Apply on OptyMacros

In light of the above, Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded via OptyMacros due to the nature of its offering.

UK User Rights

Right to Cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

The Right to Cancel Does Not Apply on OptyMacros

In light of the above, Users acknowledge and accept that the right to cancel does not apply to contracts concluded via OptyMacros due to the nature of its offering.

Brazilian User Rights

Right of Regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.

The Right of Regret Does Not Apply on OptyMacros

In light of the above, Users acknowledge and accept that the right of regret does not apply to contracts concluded via OptyMacros due to the nature of its offering.

Guarantees

Legal Guarantee of Conformity for Digital Products under EU Law

Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on OptyMacros in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

Forfeiture of Conformity Claims with Regard to Digital Products

Where OptyMacros LIMITED provides one or more updates to the Digital Product purchased, the User is required to install and/or implement all such updates according to the instructions provided by OptyMacros LIMITED whenever informed to do so. Failure to install or apply any such updates may result in forfeiture of conformity claims with respect to the Digital Product.

Conformity to Contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Legal Guarantee of Conformity for Goods for Consumers in Brazil

The legal guarantee applicable to goods sold by OptyMacros (both physical and digital) complies with the following terms, according to the Consumer Protection Code:

• Non-durable goods shall have a thirty-day (30 day) guarantee
• Durable goods shall have a ninety-day (90 day) guarantee

The warranty period starts from the date of goods delivery.

The warranty is not applicable in cases of misuse, natural events or if it has been subjected to any maintenance other than that provided by OptyMacros. The warranty may be claimed through the contact channels provided by OptyMacros. OptyMacros LIMITED shall bear the costs of shipping the goods for technical assessment, if necessary. OptyMacros LIMITED, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulations applicable to contractual warranties can be found in the specifications provided by OptyMacros. If no such information is provided, only the statutory provisions shall apply.

Liability and Indemnification

Unless otherwise explicitly stated or agreed with Users, OptyMacros LIMITED’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold OptyMacros LIMITED and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of Liability

Unless otherwise explicitly stated and without prejudice to mandatory law, Users shall have no right to claim damages against OptyMacros LIMITED (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as OptyMacros has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, OptyMacros LIMITED shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at OptyMacros LIMITED’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

OptyMacros is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, OptyMacros LIMITED expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from OptyMacros LIMITED or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, OptyMacros LIMITED, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

OptyMacros LIMITED does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and OptyMacros LIMITED shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. OptyMacros LIMITED cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall OptyMacros LIMITED, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service
• Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein
• Any errors, mistakes, or inaccuracies of content
• Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service
• Any unauthorized access to or use of OptyMacros LIMITED’s secure servers and/or any and all personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• The defamatory, offensive, or illegal conduct of any User or third party

In no event shall OptyMacros LIMITED, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to OptyMacros LIMITED hereunder in the preceding 12 months, or the period of duration of this agreement between OptyMacros LIMITED and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold OptyMacros LIMITED and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights
• User’s violation of any statutory law, rule, or regulation
• Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information
• User’s willful misconduct
• Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law

Common Provisions

No Waiver

OptyMacros LIMITED’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, OptyMacros LIMITED reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, OptyMacros LIMITED may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, OptyMacros LIMITED will cooperate with Users to enable them to withdraw personal data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside OptyMacros LIMITED’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of OptyMacros and of its Service without OptyMacros LIMITED’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their personal data, Users may refer to the privacy policy of OptyMacros.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to OptyMacros are the exclusive property of OptyMacros LIMITED or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with OptyMacros are, and remain, the exclusive property of OptyMacros LIMITED or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to These Terms

OptyMacros LIMITED reserves the right to amend or otherwise modify these Terms at any time. In such cases, OptyMacros LIMITED will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from OptyMacros LIMITED.

If legally required, OptyMacros LIMITED will notify Users in advance of when the modified Terms will take effect.

Exception for Consumers in France

Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.

Assignment of Contract

OptyMacros LIMITED reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of OptyMacros LIMITED.

Contacts

All communications relating to the use of OptyMacros must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and OptyMacros LIMITED with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing Law

These Terms are governed by the law of the place where OptyMacros LIMITED is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of National Law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where OptyMacros LIMITED is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil that qualify as Consumers.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Accessibility

OptyMacros LIMITED is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable to access any portion of OptyMacros due to their disability, they should give a notice including a detailed description of the issue encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, OptyMacros LIMITED commits to promptly address it.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to OptyMacros LIMITED who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of OptyMacros or the Service, Users are kindly asked to contact OptyMacros LIMITED at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to OptyMacros LIMITED’s email address specified in this document.

OptyMacros LIMITED will process the complaint without undue delay and within 2 days of receiving it.

Definitions and Legal References

OptyMacros (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between OptyMacros LIMITED and the User, governed by these Terms.

Brazilian (or Brazil)

Applies where a User, regardless of nationality, is in Brazil.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

Digital Product

Is a Product that consists of:

• Content produced and supplied in digital form; and/or
• A service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of OptyMacros

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates OptyMacros LIMITED that provides OptyMacros and/or the Service to Users.

Product

A good or service available through OptyMacros, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

Service

The service provided by OptyMacros as described in these Terms and on OptyMacros.

Terms

All provisions applicable to the use of OptyMacros and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

United Kingdom (or UK)

Applies where a User, regardless of nationality, is in the United Kingdom.

User (or You)

Indicates any natural person or legal entity using OptyMacros.

Consumer

Consumer is any User qualifying as such under applicable law.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Email: support@optymacros.com

Company: OptyMacros LIMITED

Address: 11th Floor, The Center, 99 Queen’s Road Central, Central, Hong Kong