Terms of Service

1. Acceptance of Terms

By accessing and using Optiwing ("Service", "Platform", "we", "us", or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

These Terms constitute a legally binding agreement between you and Optiwing. We reserve the right to update and change these Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes.

2. Description of Service

Optiwing provides SEO and keyword research tools including but not limited to:

• Keyword discovery and research tools
• Keyword grouping and clustering capabilities
• AI-powered content briefing tools
• SERP (Search Engine Results Page) checking and comparison tools
• Live Google SERP data analysis

The Service is accessible through our web platform and may be updated, modified, or discontinued at our discretion.

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not use another user's account without permission. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

4. Subscription Plans and Payments

Optiwing offers various subscription plans with different features and usage limits. By subscribing to a paid plan, you agree to the following:

• Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually) depending on your selected plan.
• Payment Processing: Payments are processed securely through Stripe. You agree to provide current, complete, and accurate payment information.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
• Price Changes: We reserve the right to modify subscription fees with at least 30 days' notice. Continued use after price changes constitutes acceptance.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.
• Refunds: Refunds are provided at our discretion. Generally, payments are non-refundable except as required by law.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit any harmful, offensive, or unlawful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without authorization
• Use the Service for competitive analysis or to build competing products

Violation of these terms may result in immediate termination of your account and legal action.

6. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Optiwing and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content: You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service.

Service Data: You may export and download data generated through your use of the Service. We retain the right to use aggregated, anonymized data for analytics and service improvement.

7. Third-Party Services and Data

Our Service integrates with and displays data from third-party sources, including Google Search results. We are not responsible for:

• The accuracy, completeness, or reliability of third-party data
• Changes to third-party APIs or data sources
• Third-party service interruptions or discontinuations

You acknowledge that third-party data providers may have their own terms of service that apply to your use of such data.

8. Data Privacy and Security

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your data as described in the Privacy Policy.

9. Service Availability and Modifications

We strive to provide reliable and uninterrupted service, but we do not guarantee that:

• The Service will be available at all times or without interruption
• The Service will be error-free or secure
• Results obtained from the Service will be accurate or reliable

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable for any modification, suspension, or discontinuance of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIWING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. OPTIWING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Optiwing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by contacting us or using the account cancellation features in your dashboard.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Optiwing regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at: