Terms of Service
The rules and guidelines for using our website and services.
Effective Date: 9 April 2026
1. Introduction
1.1 These Terms and Conditions ("Terms") govern your access to and use of the website optimite.ai ("Site") and the services, products, and materials provided by Optimite Technologies Pvt. Ltd. ("Company", "we", "us", "our").
1.2 By accessing or using the Site or our services, you agree to be legally bound by these Terms. If you do not agree, you must refrain from using the Site or services.
2. Who We Are
2.1 The Company is incorporated in India with its registered office at B-11/5, First Floor, Park Drive, DLF Phase-5, Sector-54, Gurgaon, Haryana, 122001.
2.2 The Company provides retention marketing services for ecommerce brands, including email marketing, SMS marketing, lifecycle automation, list growth, loyalty programs, and subscription retention. The Company is a Klaviyo Master Platinum Partner and serves brands across wellness, beauty, CBD, fashion, food and beverage, and home categories.
3. Scope of the Terms
3.1 These Terms apply to:
- (a) Visitors to the Site.
- (b) Users who submit demo booking requests or inquiries.
- (c) Clients who subscribe to or purchase our services.
- (d) Users accessing downloadable resources, blogs, playbooks, or other hosted content.
4. Eligibility
4.1 To access the Site or use services, you must:
- (a) Be at least eighteen (18) years of age.
- (b) Have legal capacity to enter into these Terms.
- (c) Not be prohibited from accessing services under applicable law.
5. Services
5.1 The Company provides retention marketing services including but not limited to:
- (a) Email marketing strategy, design, copywriting, and execution.
- (b) SMS marketing strategy and execution.
- (c) Lifecycle flow design and Klaviyo automation.
- (d) List growth and capture mechanics including pop-ups, quizzes, and lead magnets.
- (e) Loyalty program design and integration with Smile, Yotpo, LoyaltyLion, and similar platforms.
- (f) Subscription retention work including dunning, save flows, and cancel intent recovery.
- (g) Klaviyo audits, migrations, and platform expertise.
- (h) Email and SMS design and development for white-label agency partners.
- (i) One-time project work including migrations, audits, training, and process builds.
5.2 Services may be provided under subscription agreements, project-based engagements, or agency-client contracts, each of which may contain additional terms and service-level agreements ("SLAs").
6. Use of the Site
6.1 You agree to use the Site solely for lawful purposes.
6.2 You shall not:
- (a) Scrape, copy, or reverse-engineer any part of the Site.
- (b) Impersonate any person or entity.
- (c) Post or transmit unlawful, harmful, or objectionable content.
- (d) Interfere with the Site's functionality or attempt unauthorised access.
7. Intellectual Property
7.1 All trademarks, logos, branding, content, visuals, and design elements displayed on the Site are the exclusive property of the Company unless otherwise stated.
7.2 Content shared with you (including playbooks, templates, guides, and illustrations) is provided for your internal business use only and may not be redistributed, sublicensed, or resold.
7.3 No rights are granted to you in the Company's intellectual property except as expressly permitted in writing.
8. User-Generated Content
8.1 If you provide feedback, testimonials, or other content, you grant the Company a non-exclusive, worldwide, royalty-free licence to use, reproduce, and publish such content for marketing and case study purposes.
8.2 The Company reserves the right to moderate or remove user-generated content that violates these Terms or applicable laws.
9. Payment and Billing
9.1 Services are billed on a recurring subscription, retainer, or per-unit basis unless otherwise agreed in writing.
9.2 Payment shall be made in advance unless agreed otherwise.
9.3 Late or failed payments may result in suspension or termination of services.
9.4 Payments are non-refundable unless expressly stated in your service agreement.
10. Privacy and Data Protection
10.1 The Company collects and processes personal data in accordance with its Privacy Policy, available at optimite.ai.
10.2 By using the Site or services, you acknowledge and agree to such data processing.
11. Third-Party Tools and Integrations
11.1 The Company's services may integrate with third-party tools including but not limited to Klaviyo, Postscript, Attentive, Recharge, Smile.io, Yotpo, LoyaltyLion, Stamped, HubSpot, Mailchimp, Shopify, and WooCommerce.
11.2 The Company shall not be responsible for:
- (a) Downtime, errors, or bugs caused by third-party tools.
- (b) Terms of service or privacy practices of such third parties.
- (c) Handling of data outside the Company's control.
12. Disclaimers
12.1 The Site and services are provided "as is" and "as available" without warranties of any kind.
12.2 The Company does not guarantee specific results, return on investment, or financial outcomes.
12.3 The Company does not warrant that the Site will be error-free, uninterrupted, or up to date at all times.
12.4 Use of playbooks, templates, or guides is at your own risk.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, special, or consequential damages.
13.2 In no event shall the Company's total liability exceed the amounts paid by you to the Company during the three (3) months preceding the claim.
14. Indemnification
14.1 You agree to indemnify and hold harmless the Company, its officers, employees, and affiliates from any claims, losses, damages, or expenses arising from your breach of these Terms or misuse of the Site or services.
15. Termination
15.1 The Company may suspend or terminate your access to the Site or services if you:
- (a) Breach any provision of these Terms.
- (b) Misuse or abuse your access privileges.
- (c) Are subject to legal or regulatory restrictions requiring termination.
16. Governing Law and Jurisdiction
16.1 These Terms shall be governed by and construed in accordance with the laws of India.
16.2 The courts of Gurugram, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
17. Modifications
17.1 The Company reserves the right to modify these Terms at any time.
17.2 Updates shall be effective when posted on the Site with a revised "Effective Date."
17.3 You are responsible for reviewing the Terms periodically to remain informed of changes.