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Legal
Terms of Service
Last Updated: March 5, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Opptymizer ("Company," "we," "our," or "us") governing your access to and use of our website, services, and products.
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.
2. Services Description
Opptymizer provides consulting and implementation services for customer relationship management (CRM), customer data platforms (CDP), marketing automation, digital engagement, and related technology solutions. Our services include but are not limited to:
CRM consulting and implementation (Salesforce and other platforms)
CDP implementation and data integration
Marketing automation setup and optimization
Digital engagement strategy and execution
Loyalty program development and management
Training and support services
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.
4. User Accounts
To access certain features of our services, you may be required to create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities under your account
5. Service Agreements
Specific services provided by Opptymizer will be governed by separate service agreements or statements of work (SOW) that detail:
Scope of services and deliverables
Project timelines and milestones
Fees and payment terms
Responsibilities of both parties
Acceptance criteria and procedures
In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail.
6. Fees and Payment
Fees for our services will be specified in the applicable service agreement. Payment terms include:
All fees are quoted in the currency specified in the service agreement
Payment is due according to the schedule outlined in the service agreement
Late payments may incur interest charges at the rate permitted by Singapore law
All fees are exclusive of applicable taxes unless otherwise stated
Fees are non-refundable except as expressly stated in the service agreement
7. Intellectual Property Rights
7.1 Our Intellectual Property
All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, software, and methodologies, are owned by Opptymizer or our licensors and are protected by Singapore and international intellectual property laws.
7.2 Client Intellectual Property
You retain all rights to your data, content, and intellectual property. By using our services, you grant us a limited license to use your materials solely for the purpose of providing services to you.
7.3 Work Product
Ownership of work product and deliverables will be specified in the applicable service agreement. Unless otherwise agreed, customizations and configurations created specifically for you will be owned by you upon full payment.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation includes:
Not disclosing confidential information to third parties without prior written consent
Using confidential information only for the purposes of the service relationship
Implementing reasonable security measures to protect confidential information
Returning or destroying confidential information upon request or termination
9. Acceptable Use
You agree not to:
Use our services for any illegal or unauthorized purpose
Violate any applicable laws or regulations
Infringe upon the intellectual property rights of others
Transmit any harmful code, viruses, or malicious software
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the integrity or performance of our services
Collect or harvest personal data of other users without consent
10. Warranties and Disclaimers
10.1 Our Warranties
We warrant that we will perform our services with reasonable skill and care in accordance with industry standards. Specific warranties for deliverables will be outlined in the applicable service agreement.
10.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE 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, OR NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY SINGAPORE LAW, IN NO EVENT SHALL OPPTYMIZER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Opptymizer and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:
Your use of our services
Your violation of these Terms
Your violation of any rights of another party
Your content or data provided to us
13. Term and Termination
13.1 Term
These Terms remain in effect while you use our services. Specific service engagements will have terms defined in the applicable service agreement.
13.2 Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, if you breach these Terms. Upon termination:
Your right to use our services will immediately cease
You must pay all outstanding fees and charges
Provisions that by their nature should survive termination will survive
14. Third-Party Services
Our services may integrate with or rely on third-party platforms and services (such as Salesforce, YCloud, and others). Your use of such third-party services is subject to their respective terms and conditions. We are not responsible for the availability, functionality, or content of third-party services.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
15.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or our services shall be resolved through:
Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiations
Mediation: If negotiation fails, the parties agree to attempt mediation before the Singapore Mediation Centre
Arbitration: If mediation is unsuccessful, disputes shall be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC)
15.3 Jurisdiction
Subject to the arbitration clause above, you agree to submit to the exclusive jurisdiction of the courts of Singapore for any legal proceedings.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, or failures of telecommunications or internet services.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Opptymizer regarding your use of our services and supersede all prior agreements and understandings.
20. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
21. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Contact Information
If you have any questions about these Terms, please contact us:
Opptymizer
Email: enquiry@opptymizer.com