OPTIMALNEX

TERMS OF SERVICE

Last updated: [31/01/2026]

PREAMBLE

These Terms of Service (“Agreement”) constitute a legally binding agreement between ENFINT CY LIMITED, operating under the brand Optimalnex (“Optimalnex”, “we”, “us”, or “our”), and any individual or legal entity (“User”, “you”) accessing or using the Optimalnex platform, software, or services.

By creating an account, clicking “Register”, “Start Trial”, “Subscribe”, or by accessing or using Optimalnex in any manner, you confirm that you have read, understood, and agreed to be bound by this Agreement in full, without limitation or qualification.

This Agreement incorporates by reference our Privacy Policy, Cookie Policy, and where applicable, the Data Processing Agreement (DPA). No physical signature is required for this Agreement to be legally effective.

TERMS AND DEFINITIONS

Optimalnex Platform
A cloud-based technology platform and services environment providing AI-powered solutions and professional IT services, including software, APIs, dashboards, automation workflows, documentation, and security controls.

Services
Technology and professional services provided by Optimalnex, including but not limited to:

Artificial intelligence agents, assistants, and automation

Application development, deployment, integration, and maintenance

Database installation, administration, migration, backup, and optimization

IT infrastructure services (cloud, hybrid, on-premise advisory and support)

Cybersecurity services, including assessments, monitoring, access control, and incident response assistance

User Account
A registered account allowing access to the Platform and Services.

Subscription Plan
The selected pricing tier defining features, limits, service scope, and billing terms.

AI Agent
A virtual assistant, automation, or intelligent application configured by the User using the Platform.

Billable Session
A 24-hour interaction window initiated by the first inbound or outbound message, during which all subsequent messages are counted as a single session for billing purposes (where applicable).

Force Majeure
Events beyond reasonable control, including natural disasters, government actions, internet failures, labor disputes, or platform restrictions by third parties.

1. ACCESS AND ELIGIBILITY
1.1 Eligibility

You confirm that you:

Are at least 18 years old or of legal age in your jurisdiction

Have authority to bind a business entity where applicable

Are not prohibited by law or sanctions from using the Services

1.2 Permitted Use

Optimalnex grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Platform solely for lawful business purposes and in accordance with this Agreement.

1.3 Geographic Availability

The Platform may not be available or lawful in all jurisdictions. You are solely responsible for ensuring compliance with local laws.

1.4 Account Responsibility

All actions taken through your account are deemed to be performed by you. You are responsible for safeguarding credentials and access.

2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1 License Grant

Optimalnex provides access to the Platform via remote systems. No ownership rights are transferred.

2.2 Platform Capabilities

The Platform enables Users to:

Build and deploy AI-driven assistants and applications

Automate workflows and business operations

Integrate applications, databases, and external systems

2.3 Scope of Services

Depending on your Subscription Plan or written agreement, Optimalnex may provide:

IT Services: system administration, infrastructure support, monitoring, optimization

Database Services: installation, tuning, backup, recovery, migration, lifecycle management

Application Services: development, customization, integration, and maintenance

Cybersecurity Services: risk assessments, vulnerability reviews, access controls, monitoring, and response support

Unless explicitly stated, Services are provided on a best-effort basis and do not constitute fully managed outsourcing arrangements.

3. TERMS OF USE
3.1 Authorized Use

You may use the Platform only as expressly permitted by this Agreement and applicable law.

3.2 No Implied Rights

Any rights not explicitly granted are reserved by Optimalnex.

4. PROHIBITED USE AND RESTRICTIONS

You agree not to:

Use the Platform for unlawful, fraudulent, or deceptive purposes

Reverse engineer, decompile, or extract source code

Resell, sublicense, or commercially exploit the Platform without authorization

Use the Platform to develop competing products

Train or improve external AI models using Platform outputs

Circumvent security controls or technical restrictions

Deploy malware, spam, or harmful code

Interfere with platform availability or performance

Security-Specific Restrictions

You must not:

Conduct penetration testing or attack simulations without written approval

Misuse cybersecurity tools for surveillance or unlawful interception

Introduce insecure configurations into managed environments

5. WHATSAPP BUSINESS AND THIRD-PARTY INTEGRATIONS

If you enable WhatsApp Business or other third-party integrations:

Optimalnex acts as a technical service provider only

You remain responsible for compliance with third-party policies

Suspensions or penalties imposed by third parties are not the responsibility of Optimalnex

6. SUBSCRIPTION PLANS AND BILLING
6.1 Plans

Available plans, pricing, and features are published on the Optimalnex website or account dashboard.

6.2 Billing

Fees are charged in advance unless otherwise stated

Usage-based billing applies where Billable Sessions are used

Failure to use the Service does not excuse payment

6.3 Auto-Renewal

Paid plans renew automatically unless cancelled at least three (3) days before renewal.

6.4 Non-Payment

Optimalnex may suspend access for overdue payments. Data may be deleted after six (6) months of inactivity.

7. PERSONAL DATA AND PRIVACY
7.1 Data Processing

Personal data is processed in accordance with our Privacy Policy and DPA.

7.2 Roles

You act as data controller for end-user data

Optimalnex acts as data processor

7.3 Usage Data

Operational and diagnostic data may be collected for analytics and service improvement.

8. INTELLECTUAL PROPERTY
8.1 Ownership

All Platform software, designs, and frameworks remain the property of Optimalnex.

8.2 User Content

You retain ownership of your data and inputs but grant Optimalnex a worldwide license to process them for service delivery.

8.3 Custom Deliverables

Unless agreed otherwise:

Core tools and methodologies remain Optimalnex IP

Custom configurations are licensed for internal use only

8.4 Attribution

Unless white-labeling is agreed:

“Powered by Optimalnex” attribution must remain visible

AI agents must disclose Optimalnex when directly asked

9. SERVICE LEVELS AND SUPPORT
9.1 Availability

Optimalnex targets 95% monthly uptime, excluding maintenance, force majeure, and third-party outages.

9.2 Support

Support is provided via designated channels during business hours. No guaranteed response times apply unless agreed separately.

10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 Disclaimer

Services are provided “as is” without warranties of any kind.

10.2 Cybersecurity Disclaimer

No system is entirely secure. Optimalnex does not guarantee prevention of breaches or incidents. Security services reduce risk but do not eliminate it.

10.3 Limitation of Liability

Optimalnex shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed fees paid during the applicable subscription period.

11. COMMUNICATIONS

You consent to receive operational communications electronically. Marketing communications require separate consent and may be withdrawn at any time.

12. TERMINATION

Either party may terminate this Agreement. Optimalnex may suspend or terminate access for violations. Upon termination, access rights cease immediately.