Terms of Service

Effective Date: May 1, 2023

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the OptiPitch website and services ("Services") provided by Optimays Inc ("we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services.

2. Eligibility

By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18 years old, you must obtain permission from a parent or legal guardian to use the Services.

3. Accounts

To access some features of the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Intellectual Property Rights

All content, including but not limited to text, graphics, logos, images, and software, available on the Services is the property of Optimays Inc or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

5. License

We grant you a personal, non-exclusive, non-transferable, limited license to access and use the Services for your personal, non-commercial use, subject to these Terms. You may not sublicense, resell, or otherwise exploit the Services for any commercial purpose without our prior written consent.

6. User Conduct

You agree not to use the Services in any way that is unlawful, harmful, or otherwise objectionable, including but not limited to:

- Engaging in harassment, stalking, or threats against others.

- Transmitting or uploading any material that contains viruses, malware, or other harmful code.

- Attempting to gain unauthorized access to our systems or networks.

- Interfering with or disrupting the proper functioning of the Services.

We reserve the right, in our sole discretion, to terminate your access to the Services or take any other appropriate action if we believe you have violated these Terms.

7. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected. No advice or information obtained from us, whether oral or written, shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

In no event shall Optimays Inc or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Optimays Inc and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services or your violation of these Terms.

10. Modifications

We reserve the right to update or modify these Terms at any time. We will notify you of significant changes by updating the "Effective Date" at the top of this page. Your continued use of the Services following any changes to these Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically to stay informed of any updates or modifications.

11. Governing Law

These Terms and any disputes arising out of or relating to these Terms or your use of the Services shall be governed by the laws of Japan, without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Japan, in accordance with the rules of the Japan Commercial Arbitration Association. The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable or, if modification is not possible, severed from these Terms, and the remaining provisions shall remain in full force and effect.

14. No Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at support@optimays.com

These Terms were last updated on May 1, 2023.