Terms of Service

Last Updated: June 1, 2025

1. Acceptance of Terms

By accessing or using OptimAI ("Service," "Platform," or "we"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

OptimAI is an AI-powered business automation platform that provides Instagram DM automation, customer management, and business tools primarily designed for beauty and wellness businesses including barbershops, nail salons, hair salons, beauty salons, and spas.

2. Description of Service

Core Services

  • AI-Powered Customer Communication: Automated Instagram DM responses using artificial intelligence
  • Business Dashboard: Comprehensive management interface for business operations
  • Customer Data Management: GDPR-compliant customer relationship management
  • Instagram Integration: Seamless integration with Instagram Business accounts via ManyChat
  • Analytics and Reporting: Business performance metrics and customer insights
  • Appointment Booking Integration: Streamlined booking management system
  • Multi-language Support: Support for Greek and English communications

Technical Infrastructure

Our service utilizes:

  • Next.js web application framework
  • Supabase for authentication and database management
  • OpenAI GPT-4 for AI-powered responses
  • Cloudflare Workers for processing automation
  • ManyChat for Instagram integration
  • Secure cloud hosting and data storage

3. User Accounts and Registration

Account Creation

  • You must provide accurate, complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old or the age of majority in your jurisdiction
  • Business accounts must represent legitimate business entities

Account Responsibilities

  • You are responsible for all activities under your account
  • You must notify us immediately of any unauthorized use
  • You may not share your account with others
  • You must keep your contact information current

4. Acceptable Use Policy

Permitted Uses

  • Legitimate business communication and customer service
  • Automated responses to customer inquiries
  • Managing customer relationships and bookings
  • Analytics and business performance monitoring
  • GDPR-compliant data management

Prohibited Uses

  • Spam or Unsolicited Communications: Sending bulk or unsolicited messages
  • Harassment or Abuse: Any form of harassment, threats, or abusive behavior
  • Illegal Activities: Any illegal activities or violation of laws
  • Fraudulent Purposes: Misrepresenting your business or services
  • Malicious Activities: Attempting to harm, disrupt, or compromise the Service
  • Violation of Platform Policies: Activities that violate Instagram's Terms of Service
  • Data Scraping: Unauthorized collection of user data

AI Usage Guidelines

  • AI responses must represent your business accurately
  • You are responsible for monitoring and controlling AI-generated content
  • AI must not be used to deceive or mislead customers
  • You must ensure AI responses comply with applicable laws and regulations

5. Instagram Integration and Third-Party Services

Instagram Integration

  • Instagram integration is provided through ManyChat platform
  • You must comply with Instagram's Platform Policy and Terms of Service
  • We are not responsible for Instagram's service availability or policy changes
  • Your Instagram account must be a verified Business account

Third-Party Services

Our service integrates with:

  • ManyChat: For Instagram messaging functionality
  • OpenAI: For AI-powered response generation
  • Cloudflare: For processing and security
  • Supabase: For authentication and data management

You acknowledge that third-party service availability may affect our Service, and we are not responsible for third-party service disruptions.

6. Data Protection and Privacy

GDPR Compliance

OptimAI is designed to be GDPR compliant and includes:

  • Explicit consent mechanisms for data processing
  • Data retention period controls (default: 12 months)
  • Right to be forgotten implementation
  • Data portability and export capabilities
  • Audit logging and compliance tracking

Customer Data Processing

  • You are the data controller for your customer data
  • We act as a data processor under your instructions
  • You must obtain appropriate consent from your customers
  • You are responsible for complying with applicable privacy laws

Data Security

  • AES-256 encryption for data at rest
  • TLS encryption for data in transit
  • Regular security audits and monitoring
  • Access controls and authentication
  • Secure backup and recovery procedures

7. Intellectual Property Rights

OptimAI Intellectual Property

  • OptimAI retains all rights to the Service, including software, algorithms, and documentation
  • You may not copy, modify, distribute, or reverse engineer our Service
  • Our trademarks, logos, and branding remain our exclusive property

User Content

  • You retain ownership of your business data and customer information
  • You grant us a limited license to process your data to provide the Service
  • You represent that you have rights to all content you submit

AI-Generated Content

  • AI responses generated by our Service are provided "as-is"
  • You are responsible for reviewing and approving AI-generated content
  • We do not claim ownership of AI-generated responses based on your business data

8. Payment Terms and Billing

Subscription Plans

  • Service is provided on a subscription basis
  • Plans may include usage limits and feature restrictions
  • Pricing is subject to change with notice

Payment Processing

  • Payments are processed through secure third-party providers
  • All fees are non-refundable unless otherwise specified
  • Failed payments may result in service suspension

Usage-Based Billing

Some features may include usage-based billing:

  • AI response generation (per message)
  • Premium analytics features
  • Extended data retention periods
  • Additional integrations

9. Service Availability and Performance

Service Level Commitment

We strive to maintain:

  • 99.5% uptime for core services
  • Response times under 200ms for webhook processing
  • AI response generation under 3 seconds
  • Regular maintenance windows with advance notice

Limitations

  • Service availability depends on third-party integrations
  • AI response quality may vary
  • Instagram API limitations may affect functionality
  • Performance may be affected by usage volume

10. Limitation of Liability

Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
  • We are not liable for indirect, incidental, special, or consequential damages
  • We are not responsible for business interruption, loss of profits, or data loss

AI Response Limitation

  • We are not responsible for the accuracy or appropriateness of AI-generated responses
  • You must review and approve AI responses before they represent your business
  • AI responses are suggestions and do not constitute professional advice

11. Indemnification

You agree to indemnify and hold harmless OptimAI from any claims arising from:

  • Your use of the Service
  • Violation of these Terms
  • Violation of third-party rights
  • Your customer data or business operations
  • AI responses generated by your business configuration

12. Termination

Termination by You

  • You may terminate your account at any time
  • Termination takes effect at the end of your billing period
  • You remain responsible for charges incurred before termination

Termination by Us

We may terminate your account for:

  • Violation of these Terms
  • Non-payment of fees
  • Illegal or harmful activities
  • Extended periods of inactivity

Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • Your data will be deleted according to our retention policy
  • Integration connections will be disconnected
  • Outstanding fees remain due

13. Compliance and Legal Requirements

Regulatory Compliance

You must ensure compliance with:

  • Local business licensing requirements
  • Consumer protection laws
  • Data protection regulations (GDPR, CCPA, etc.)
  • Industry-specific regulations

Instagram Platform Compliance

You must comply with:

  • Instagram Terms of Service
  • Instagram Platform Policy
  • Meta Business Policies
  • Community Guidelines

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Dispute Resolution Process

  1. Direct Communication: Contact our support team first
  2. Mediation: Good faith attempt at mediation
  3. Arbitration: Binding arbitration for unresolved disputes
  4. Jurisdiction: Courts of [Your Jurisdiction] for any remaining matters

15. Changes to Terms

Modification Rights

We reserve the right to modify these Terms at any time. Changes will be:

  • Posted on our website with updated date
  • Communicated via email to active users
  • Effective 30 days after notification

Continued Use

Continued use of the Service after changes constitutes acceptance of new Terms.

16. Contact Information

For questions about these Terms of Service, please contact us:

Acknowledgment

By using OptimAI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you have any questions about these terms, please contact our legal team before using the service.