Legal
Terms of Service
- Effective date
- Contracting operator
- Optomatica LLC · 8 Abd El-Rahman El-Rafaey, Dokki, Giza 12611, Egypt · info@optomatica.com
The agreement in brief
These Terms of Service govern access to and use of Optolink, a business deep-linking and routing service operated by Optomatica LLC, headquartered at 8 Abd El-Rahman El-Rafaey, Dokki, Giza 12611, Egypt. Optomatica LLC contracts with the organisation identified in the customer's account, checkout confirmation, invoice, or order form.
Optolink is offered for business and professional use. By accepting these Terms, creating an account, placing an order, or using a paid service, the person acting for the customer confirms that they are authorised to bind that organisation. Mandatory rights that cannot lawfully be excluded continue to apply.
1. Agreement and order of precedence
The agreement consists of these Terms, the applicable order form or checkout confirmation, the pricing page, the Privacy Policy, any data processing agreement, any service level agreement expressly included with the order, and policies incorporated by reference.
If documents conflict, a signed order form controls first, followed by a data processing agreement for personal-data matters, an applicable service level agreement, these Terms, and then the public pricing page and documentation. A purchase order does not change the agreement unless Optomatica expressly accepts the change in writing.
Affirmative electronic acceptance, including selecting an acceptance checkbox or placing an order after these Terms are presented, is intended to form a binding agreement. Optomatica may retain the accepted Terms version, timestamp, account, and related technical records as evidence of acceptance. Customers should save a copy for their records.
In these Terms, the customer is the contracting organisation; the affected service is the plan or service component directly giving rise to a claim; and eligible traffic is traffic that would otherwise be accepted under the customer's configuration, plan, these Terms, and the Acceptable Use section.
2. Accounts and customer responsibilities
The customer must provide accurate account and billing information, keep authorised-user details current, protect passwords and API keys, and promptly report suspected unauthorised access. The customer is responsible for activity under its accounts except to the extent caused by Optomatica's breach of the agreement.
Only authorised users may access the service. The customer is responsible for its users, applications, links, destinations, domains, campaigns, configuration, and compliance with applicable law and third-party platform rules.
3. Service and plans
Optolink provides hosted deep-linking, deferred-journey, routing, and related account features described in the documentation and the customer's plan. Features, allowances, support, and service commitments differ by plan. Roadmap or beta items are not committed features unless an order form states otherwise.
Starter is a free allowance that resets each monthly service cycle and stops when its included limit is reached. Paid plans use a soft cap: eligible traffic continues to resolve after included usage is exceeded, and additional usage is billed only under overage terms disclosed and accepted before purchase. Optomatica may apply reasonable technical limits to protect security, stability, and other customers.
4. Fees, taxes, and payment
Public plan prices are fixed in Egyptian pounds (EGP). Unless an order form says otherwise, subscription fees are charged monthly in advance and accepted usage overage is charged in arrears or on the next invoice. The customer authorises Optomatica and its payment provider to charge the selected payment method for recurring fees, accepted overage, and applicable taxes.
Business prices exclude VAT and other transaction taxes unless the checkout, invoice, or order form states that taxes are included. The customer is responsible for applicable taxes other than taxes on Optomatica's net income. Where mandatory consumer law applies, required taxes and charges will be included or disclosed as that law requires.
Invoices are due on the date stated on the invoice. If payment fails or becomes overdue, Optomatica may retry the payment, restrict paid features, or suspend the service after reasonable notice. The customer remains responsible for accrued fees and reasonable collection costs permitted by law.
5. Automatic renewal and cancellation
Unless an order form states another term, paid subscriptions renew automatically each month for another monthly period. Before purchase, the checkout or order form will identify the recurring amount or calculation method, billing frequency, included usage, overage basis, and renewal date.
The customer may cancel through available account controls or by contacting Optomatica before the renewal shown in its account or invoice. Cancellation takes effect at the end of the current paid period; access continues until then unless the account is suspended or terminated for cause. Optomatica will provide or record a cancellation confirmation.
Optomatica may change a recurring plan price by giving at least 30 days' notice. The new price applies at the next renewal after the notice period. The customer may cancel before that renewal if it does not accept the change.
6. Refunds, credits, and billing disputes
Except where mandatory law or another express refund right in this agreement requires otherwise, paid fees are non-refundable and cancellation does not create a prorated refund or credit for the remaining billing period. This rule does not limit remedies for duplicate or erroneous charges, Optomatica's uncured material breach, a covered intellectual-property claim, or a qualifying prolonged force-majeure termination.
A customer claiming a billing error must contact Optomatica within 30 days after the relevant invoice and provide enough information to investigate. Undisputed amounts remain due. If Optomatica materially breaches the agreement and does not cure the breach within 30 days after receiving sufficiently detailed written notice, the customer may terminate the affected service and receive a prorated refund of prepaid fees for the unused period after termination.
Service credits are available only where an applicable service level agreement expressly provides them. Any statutory withdrawal or refund right that cannot be excluded takes priority over this section.
7. Usage measurement and overage
Usage is measured by Optolink's service records using the metrics stated and defined on the pricing page, checkout, or order form, such as monthly active users and clicks. Those commercial records also state the billing-cycle boundary. Account dashboards can be delayed and are informational; the invoice record controls unless the customer demonstrates an error.
Before a paid subscription begins, the applicable checkout or order must state any included click threshold, overage meter, rate, billing block, and proration method. No click-overage charge applies unless those terms were disclosed and accepted. Organisation-specific limits, entitlements, and alerts may also be stated there. The customer is responsible for monitoring usage and configuring its applications appropriately.
8. Acceptable use
The customer must not use Optolink to break the law; infringe rights; distribute malware; facilitate phishing, fraud, spam, harassment, or deceptive redirects; interfere with the service; bypass usage or security controls; probe or test systems without written permission; resell access except under an authorised programme; or attempt to reverse engineer non-public service elements except where that restriction is prohibited by law.
Links and customer-controlled destinations must be lawful and accurately represented. The customer must not place passwords, payment-card data, health data, government identifiers, or other sensitive personal data in link paths, query parameters, metadata, tags, or event names. Optomatica may block a link or suspend access where reasonably necessary to prevent harm, abuse, or legal exposure.
9. Customer content, data, and privacy
The customer retains its rights in content, configuration, domains, links, and data it submits to the service. The customer grants Optomatica a limited licence to host, copy, transmit, process, and display that material only as needed to provide, secure, support, and improve the service and meet legal obligations.
The customer confirms that it has the rights and lawful basis needed for its content and instructions. For personal data Optolink processes on the customer's instructions, the customer acts as controller and Optomatica acts as processor, as described in the Privacy Policy and any applicable data processing agreement. The customer is responsible for its privacy notices, consent choices, destinations, and responses to end-user requests.
Optomatica may create aggregated or de-identified operational information that does not identify the customer or an individual and may use it to secure, operate, analyse, and improve Optolink.
10. Security and confidentiality
Each party must use reasonable safeguards to protect the other party's confidential information and may use it only to perform or receive the service. Confidential information does not include information that becomes public without breach, was already lawfully known, is received lawfully without restriction, or is independently developed.
A party may disclose confidential information to personnel, professional advisers, and service providers who need it and are bound by confidentiality, or where law requires disclosure. Where legally permitted, the receiving party will give advance notice of compelled disclosure.
No system is completely secure. Customers must use appropriate access controls, rotate exposed credentials, and promptly notify Optomatica of suspected compromise. Security commitments in a signed order form or data processing agreement control over general descriptions on the website.
11. Intellectual property
Optomatica and its licensors own Optolink, its software, documentation, designs, trademarks, and all related intellectual-property rights. During the subscription, Optomatica grants the customer a limited, non-exclusive, non-transferable right to access and use the service for its internal business purposes under the agreement.
No rights are granted by implication. If the customer provides feedback, it grants Optomatica a perpetual, worldwide, royalty-free right to use that feedback without identifying the customer or disclosing its confidential information.
12. Third-party services and service changes
Optolink interoperates with app stores, operating systems, browsers, domains, payment providers, customer applications, and destinations that Optomatica does not control. Their availability, policies, and behaviour can change. Optomatica is not responsible for third-party products, but this does not excuse Optomatica from providing the Optolink service it expressly agreed to provide.
Optomatica may update the service to improve security, reliability, lawfulness, or functionality. It will not materially reduce the core paid service during a current committed term without reasonable notice, except where an urgent security, legal, or third-party-platform change requires faster action.
13. Suspension and termination
Either party may terminate for a material breach that remains uncured 30 days after written notice. A party may terminate immediately if the other becomes insolvent where permitted by law. Optomatica may suspend access immediately where reasonably necessary to address a security incident, unlawful use, fraud, harm to the service or others, or a direction from a competent authority, and will limit the suspension where reasonably possible.
Optomatica may suspend for overdue undisputed payment after reasonable notice. Suspension does not waive accrued fees. On termination, the customer's right to use the service ends, outstanding amounts become due, and each party must return or delete the other's confidential information subject to legal retention duties and backup cycles.
Customers should export available data before the subscription ends. Any post-termination retrieval period stated in an order form or the service controls applies; otherwise Optomatica may delete customer data after a reasonable wind-down period, subject to the Privacy Policy and applicable law.
14. Warranties and disclaimers
Each party warrants that it has authority to enter the agreement. Optomatica warrants that it will provide paid services with reasonable skill and care and substantially in accordance with the applicable documentation. The customer's remedy is re-performance or, if Optomatica cannot cure the breach within the 30-day cure period in section 6, termination of the affected service and the refund described there.
Except for express warranties in the agreement and to the maximum extent permitted by law, Optolink is provided without implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Optomatica does not promise uninterrupted or error-free operation, a particular commercial outcome, or an exact deferred match where platform signals support only a probabilistic result.
15. Indemnities
The customer will defend and indemnify Optomatica against third-party claims arising from unlawful customer content, destinations, instructions, or use of the service, or an allegation that customer-provided material infringes another person's rights. This does not apply to the extent the claim was caused by Optomatica's breach or misconduct.
For a paid customer, Optomatica will defend a third-party claim that the unmodified Optolink service infringes that party's intellectual-property right and will pay finally awarded damages or an approved settlement. Optomatica may obtain the right to continue use, modify or replace the affected service, or terminate it and refund prepaid fees for the unused period. This obligation does not cover customer material, combinations not supplied by Optomatica, unauthorised changes, or continued use after Optomatica provides a non-infringing replacement.
The indemnified party must promptly notify the other, allow it to control the defence and settlement, and provide reasonable cooperation. No settlement may admit fault or impose a non-monetary obligation on the indemnified party without its consent.
16. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for lost profits, revenue, goodwill, or anticipated savings, arising from the agreement, even if advised that the loss was possible.
Each party's aggregate liability arising from the agreement is limited to the fees paid or payable for the affected service during the 12 months before the event giving rise to the claim. Unless an express carve-out says otherwise, this cap applies across all legal theories and obligations, including the indemnities in section 15. The cap does not limit payment obligations or liability that cannot lawfully be excluded, including liability for fraud, intentional misconduct, or gross negligence. The agreement does not restrict mandatory data-protection or consumer remedies.
17. Force majeure and exceptional events
Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. The affected party must give reasonable notice, mitigate the effect, and resume performance when possible. If the event materially prevents the service for more than 60 days, either party may terminate the affected service; prepaid fees for the unused period will be refunded where appropriate.
Nothing in this section excludes mandatory rights concerning force majeure, hardship, or exceptional unforeseeable events under applicable Egyptian law.
18. Governing law and disputes
The agreement is governed by the laws of the Arab Republic of Egypt, without regard to conflict-of-law rules. The parties will first try in good faith for 30 days to resolve a dispute through authorised business representatives.
If the dispute is not resolved, the competent courts of Cairo, Egypt have jurisdiction, subject to any mandatory subject-matter or territorial jurisdiction, including the jurisdiction of an Economic Court where applicable. Mandatory consumer venue and remedies are not displaced.
These Terms are issued in English for business use. If applicable law requires Arabic consumer-facing documents or gives an Arabic text controlling effect, Optomatica will provide or recognise the required Arabic version and mandatory protection.
19. General terms and notices
Neither party may assign the agreement without the other's consent, except to an affiliate or in connection with a merger, reorganisation, or sale of substantially all relevant assets, provided the assignee can perform the obligations. Optomatica may use subcontractors but remains responsible for its obligations under the agreement.
Legal notices to Optomatica must be sent to info@optomatica.com or to Optomatica LLC, 8 Abd El-Rahman El-Rafaey, Dokki, Giza 12611, Egypt. Notices to the customer are sent to the notice contact in its account, order form, or invoice. A legal notice should identify the customer organisation, account, subject, and contact person. Electronic notices are effective when delivered unless the sender receives a failure notice.
Optomatica may update these Terms. For a paid subscription, a material adverse change takes effect no earlier than the next renewal after at least 30 days' notice, and a customer that does not accept it may cancel before that renewal. For Starter, a material adverse change takes effect after at least 30 days' notice. Where law or an urgent security issue requires earlier effect, Optomatica will give as much notice as practicable. If an urgent early change materially reduces a paid service and is not required by law or a third-party platform, the customer may terminate the affected service within 30 days and receive a prorated refund of prepaid fees for the unused period. Continued use after the applicable effective date constitutes acceptance.
The agreement is the entire agreement about the service. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be adjusted only as much as necessary and the remainder continues. The parties are independent contractors. Sections that by their nature should survive termination remain in effect.
