OptyStack Terms of Service

Last Updated: July 18, 2025

Welcome to OptyStack (“OptyStack”, “we”, “us”, “our”). These Terms of Service (“Terms”) constitute a binding agreement between you (“Customer”, “User”, “you”, “your”) and OptyStack regarding your use of our SaaS cost optimization platform and associated services (the “Service”).

Please read these Terms carefully. By accessing or using OptyStack, you accept and agree to be bound by these Terms.

1. Agreement Overview

These Terms govern your use of OptyStack’s platform, interfaces, APIs, websites, and all related products or services.

By using OptyStack, you represent that you are authorized to bind your organization and are at least 18 years old.

2. Definitions

• “Service” refers to the OptyStack SaaS platform, including all software, APIs, integrations, and support services.
• “Customer Data” means data, content, and information submitted to the Service by you or on your behalf.
• “Admin User” refers to a user with authorization to configure, manage access to, and act on behalf of the Customer within the Service.
• “Affiliate” means any entity controlled by, controlling, or under common control with a party.

3. Account Registration & Customer Responsibilities

• You must register for an account to use the Service. You are responsible for maintaining the confidentiality of login credentials and all activities occurring under your account.
• You must ensure authorized users strictly comply with these Terms.
• All Customer Data provided must be accurate and up to date.
• You must not use the Service for unlawful, harmful, or abusive purposes.

4. Service Access & Usage

Subject to these Terms and payment of applicable fees, you are granted a limited, non-exclusive, non-transferable right to access and use OptyStack solely for your internal business operations.

You shall not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive any part of the Service’s source code.
• Copy, modify, sublicense, resell, or distribute the Service to any third party.
• Interfere with, disrupt, or circumvent the Service’s security or access controls.

5. Customer Data & Integrations

• You retain all rights in Customer Data. By using the Service, you grant OptyStack a limited license to process, transmit, and store your data only to the extent necessary to provide the Service.
• You are solely responsible for the legality of Customer Data and for obtaining all required authorizations or consents to connect to third-party applications (e.g., Google, Microsoft, Slack).
• OptyStack processes, stores, and protects your data in accordance with our Privacy Policy.

6. Data Protection, Privacy, and Security

• Data is encrypted in transit and at rest using industry best practices.
• OptyStack complies with all applicable data protection laws, including India’s DPDPA, GDPR, and other relevant regulations.
• Refer to our Privacy Policy for detailed information on how your data is collected, used, and protected.
• For Data Protection Authority inquiries, contact: dpa@optystack.com

7. Service Level Agreement (SLA)

Availability Commitment:

OptyStack’s Service will be available at least 99.5% of each calendar month, excluding scheduled maintenance (not exceeding 4 hours per month, usually during off-peak hours), and force majeure events.

Support Response Times:

• Critical Incident (Service Down): Response within 2 business hours.
• Major Incident (Degraded Service): Response within 4 business hours.
• General Inquiry/Minor Issue: Response within 1 business day.

Support Channels:

• Email: support@optystack.com

Service Credits:

If availability falls below SLA, affected customers may request service credits (typically prorated, up to 10% of monthly fees for the impacted period) by emailing support@optystack.com within 30 days of incident.

8. Fees, Billing, and Payment Terms

8.1 Product Fees

• Annual Subscription Fee: Access to OptyStack requires payment of a fixed, annual subscription fee (“Product Fee”).
• The Product Fee is invoiced in advance and is strictly non-refundable, except where required by law or expressly stated in writing by OptyStack.
• Failure to pay the Product Fee per agreed schedule may result in suspension of Service access.

8.2 Savings-Based Fee

• In addition to the annual Product Fee, OptyStack may charge a “Savings Fee” based on the customer’s actual cost savings realized through OptyStack, as defined in your applicable service order or pricing agreement.
• The Savings Fee is calculated monthly and invoiced at the end of each month.
• You agree to pay all Savings Fees within 15 calendar days from the invoice date.
• Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

8.3 Taxes & General Payment Terms

• All fees listed are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all applicable taxes.
• If credit card, wire, or ACH payments are used, you represent authorization and sufficient funds.

8.4 Non-refundability of Annual Fees

• No Refund: Annual Product Fees paid are non-refundable for any reason, including service non-use or partial use.
• No pro-rated refunds are provided if the account is terminated or otherwise closed prior to the end of the annual subscription period unless agreed in writing by OptyStack.
• Savings Fees are for realized value and not subject to refund.

9. Suspension and Termination

9.1 Suspension

OptyStack may suspend or limit access to the Service for non-payment, violation of these Terms, or threats to service integrity/security. Notice will be given where possible.

9.2 Termination

Termination for Cause (Material Breach Only):

• Either party may terminate this agreement only in the event of a proven, material breach of these Terms by the other party, provided:
• The breach is detailed in writing to the other party (to legal@optystack.com), and
• There is a 30-day cure period for the breaching party to remedy the breach.
• If the breach remains uncured after the cure period, this agreement and access to OptyStack may be terminated.

Early Termination Liability

• Upon valid termination due to OptyStack’s uncured material breach, any pre-paid Product Fee for unused Service period may be refunded at OptyStack’s discretion.
• Otherwise, annual Product Fees remain non-refundable and Savings Fees for completed service periods remain due.

9.3 Effect of Termination

• Upon termination, you will promptly settle all outstanding invoices, including Savings Fees covering the period up to termination.
• OptyStack will securely delete or return Customer Data upon written request, unless retention is required by law.

10. Changes to Service or Terms

OptyStack reserves the right to update these Terms or modify the Service upon reasonable prior notice (typically 30 days) via email or in-app notification.

Continued use of the Service after changes become effective constitutes your acceptance.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of India.

Exclusive jurisdiction and venue: Courts of Delhi, India.

12. Notices & Contact Information

Legal notices must be sent to legal@optystack.com and will be deemed delivered upon email receipt.

13. Miscellaneous

• Entire Agreement: These Terms (and referenced documents) represent the entire agreement between you and OptyStack regarding your use of the Service.
• Severability: If any part of these Terms is found invalid, the rest remains in effect.
• Assignment: You may not assign your rights without OptyStack’s prior written consent; we may assign our rights or obligations upon merger, sale, or other business transfer.

By using OptyStack, you acknowledge that you have read, understood, and agree to the above billing, non-refund, and termination conditions in addition to all other Terms of Service provisions. For any questions or clarifications, contact legal@optystack.com.