Terms of Service
Effective Date: September 28, 2025 | Last Updated: September 28, 2025
IMPORTANT: These Terms of Service constitute a legally binding agreement between you and OptinAmpOut. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
All services are provided by contract agreement only. No services will be rendered without a signed service agreement.
1. Agreement to Terms
By accessing or using any services provided by OptinAmpOut ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access our services.
2. Services by Contract Only
All services provided by OptinAmpOut are delivered exclusively under written contract agreements. These Terms provide the general framework, but specific services, deliverables, timelines, and compensation are governed by individual service agreements.
- No work will commence without a signed contract
- Verbal agreements are not binding
- All modifications to contracts must be in writing
- Each contract supersedes these general terms where specific provisions differ
3. Service Description
OptinAmpOut provides AI integration services, including but not limited to:
- Custom MCP (Model Context Protocol) server development
- AI automation solutions
- Business process optimization
- AI agent development and deployment
- Technical consulting services
- Web development and integration
4. AI-Specific Terms and Disclaimers
4.1 AI Output Accuracy
Important: AI-generated outputs may contain errors, inaccuracies, or hallucinations. You are solely responsible for:
- Reviewing and verifying all AI-generated content or decisions
- Ensuring compliance with applicable laws when using AI outputs
- Not relying solely on AI outputs for critical business decisions
- Testing and validating AI systems before production deployment
4.2 Data Training and Privacy
Unless otherwise specified in your service agreement:
- We do not train AI models on your proprietary data without explicit consent
- Your data remains confidential and is not shared with third parties
- We comply with applicable data protection regulations (GDPR, CCPA)
- You retain ownership of your input data and resulting outputs
4.3 Ethical AI Use
You agree not to use our AI services to:
- Generate harmful, misleading, or deceptive content
- Violate privacy rights or intellectual property rights
- Create deepfakes or synthetic media for malicious purposes
- Bypass safety measures or content filters
- Engage in unauthorized automated decision-making affecting individuals' rights
5. Intellectual Property Rights
5.1 Ownership
Unless otherwise specified in a written contract:
- All pre-existing intellectual property remains with its original owner
- Custom work created under contract is subject to the ownership terms specified in that contract
- OptinAmpOut retains all rights to its proprietary methods, processes, and general knowledge
5.2 License Grants
Specific license terms for deliverables will be defined in individual service contracts.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OptinAmpOut shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount paid under the specific service contract
- We are not liable for delays or failures due to circumstances beyond our reasonable control
7. Disclaimers
7.1 No Warranties
Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, except as specifically set forth in a written service agreement.
7.2 No Guarantee of Results
While we strive for excellence, we cannot guarantee specific business outcomes, ROI, or performance metrics unless explicitly guaranteed in a written contract.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of business. Specific confidentiality terms will be detailed in individual service agreements.
9. Indemnification
You agree to indemnify, defend, and hold harmless OptinAmpOut, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of our services or violation of these Terms.
10. Payment Terms
Payment terms, including rates, schedules, and methods, are exclusively governed by individual service contracts. General provisions:
- All fees are non-refundable unless otherwise stated in writing
- Late payments may incur interest charges as specified in the contract
- Client is responsible for all applicable taxes
11. Termination
Termination terms are governed by individual service contracts. Either party's rights to terminate, notice requirements, and post-termination obligations will be specified in the applicable service agreement.
12. Dispute Resolution
12.1 Governing Law
These Terms and any disputes arising from them shall be governed by the laws of California, United States, without regard to conflict of law provisions.
12.2 Arbitration
Any disputes shall be resolved through binding arbitration in Los Angeles, California, unless otherwise agreed in writing. Each party bears its own costs.
13. Data Protection and Privacy
We handle data in accordance with applicable privacy laws. Our privacy practices are detailed in our Privacy Policy. By using our services, you consent to our data handling practices.
14. Acceptable Use
You agree not to use our services to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code or interfere with our services
- Engage in any activity that could damage our reputation
- Reverse engineer or attempt to derive source code from our proprietary systems
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes become effective upon posting. Continued use of our services constitutes acceptance of modified terms. Existing contracts remain governed by the terms in effect when signed.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with any signed service agreements, constitute the entire agreement between you and OptinAmpOut regarding our services.
18. No Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
19. Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
20. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
21. Contact Information
Questions About These Terms?
Legal Notice: These Terms of Service are provided for basic legal protection. For specific service engagements, a detailed service contract will be provided that supersedes these general terms where applicable.
By engaging our services, you acknowledge that all work is performed under contract agreement only, and no services will be provided without a signed agreement.