Legal

Terms of Service

Last updated December 10, 2025

Agreement to Terms

These Terms of Use establish a legally binding agreement between you and OptiSigns Inc. dba OptiPrime ("Company", "we", "us", or "our"). By accessing any website, application, or platform that links to these Terms of Use (collectively, the "Site"), you agree to be bound by these terms. If you do not agree, you are prohibited from using the Site and must discontinue use immediately.

We reserve the right to modify these Terms of Use at any time. We will alert you by updating the "Last updated" date. Your continued use constitutes acceptance of changes. It is your responsibility to review updates periodically.

Jurisdiction and Compliance

The Site is not intended for distribution in jurisdictions where such use would violate local laws. The Site does not comply with industry-specific regulations (HIPAA, FISMA). If your use would be subject to such laws, do not use this Site.

You may not use the Site in violation of the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users 18 years or older only.


Intellectual Property Rights

Unless otherwise indicated, all content on the Site—including source code, databases, software, designs, audio, video, text, photographs, and graphics (the "Content") and trademarks, service marks, and logos (the "Marks")—are owned or controlled by us or licensed to us. The Content and Marks are protected by copyright and trademark laws.

The Content and Marks are provided "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part may be copied, reproduced, republished, posted, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our express prior written permission.

Provided you are eligible, you receive a limited license to access and use the Site and download or print Content portions you've properly accessed for your personal, non-commercial use only. We reserve all rights not expressly granted.


User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit is true, accurate, current, and complete
  2. You will maintain accuracy and promptly update information as necessary
  3. You have legal capacity and agree to comply with these Terms of Use
  4. You are not a minor in your jurisdiction
  5. You will not access the Site through automated or non-human means (bots, scripts, etc.)
  6. You will not use the Site for illegal or unauthorized purposes
  7. Your use will not violate any applicable law or regulation

If any information is untrue or incomplete, we may suspend or terminate your account and refuse any future use of the Site.


User Registration

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all account use. We reserve the right to remove, reclaim, or change usernames we deem inappropriate, obscene, or objectionable.


Fees and Payment

We accept:

  • Visa
  • Mastercard
  • American Express
  • Discover

You agree to provide current, complete, and accurate purchase and account information for all transactions. You further agree to promptly update email address, payment method, and card expiration dates. All bills are processed through online billing accounts in U.S. dollars. Sales tax will be added as required.

We may change prices at any time. You authorize us to charge your chosen payment provider for purchases. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring prior approval for each charge until you notify us of cancellation.

We reserve the right to correct pricing errors and refuse any order placed through the Site.

Free Trial

We offer a 14-day free trial to new registrants. The account will not be charged and the subscription will be suspended until upgraded to a paid version at trial's end.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation takes effect at the end of your current paid term. If unsatisfied, contact support@optisigns.com or call (832) 568-3976.


Software

We may include software for use with our services. If accompanied by an end user license agreement (EULA), the EULA governs use. If not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, non-transferable license to use the software solely in connection with our services and in accordance with these Terms of Use.

Any Software and documentation is provided "as is" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risk arising from use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.


Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with commercial endeavors except those specifically endorsed or approved by us.

As a user, you agree not to:

  1. Make unauthorized use of the Site, including collecting usernames and emails for unsolicited email or creating accounts through false pretenses
  2. Systematically retrieve data or content from the Site to create collections, databases, or directories without written permission
  3. Engage in unauthorized framing of or linking to the Site
  4. Circumvent, disable, or interfere with security-related features of the Site
  5. Trick, defraud, or mislead us or other users, especially regarding sensitive account information
  6. Make improper use of support services or submit false reports of abuse or misconduct
  7. Engage in automated system use, such as data mining, robots, or similar extraction tools
  8. Interfere with, disrupt, or create undue burden on the Site or its networks or services
  9. Attempt to impersonate another user or person
  10. Use Site information to harass, abuse, or harm another person
  11. Decipher, decompile, disassemble, or reverse engineer any software comprising the Site
  12. Attempt to bypass access-prevention measures or restrictions
  13. Harass, annoy, intimidate, or threaten our employees or agents
  14. Copy or adapt the Site's software, including Flash, PHP, HTML, JavaScript, or other code
  15. Upload or transmit viruses, Trojan horses, or other material that interferes with uninterrupted use, enjoyment, or functionality of the Site
  16. Disparage, tarnish, or otherwise harm us or the Site
  17. Use the Site inconsistently with applicable laws or regulations
  18. Use the Site to compete with us or generate revenue
  19. Use workaround methods to display content on more screens than subscribed

User Generated Contributions

The Site does not offer users the ability to submit or post content. We may provide opportunities to create, submit, post, display, transmit, or publish content and materials (collectively, "Contributions"). Contributions may be viewable by other users and third-party websites. Any Contributions are treated in accordance with the Site Privacy Policy.

When you create or make available Contributions, you represent and warrant that:

  1. Creation, distribution, transmission, and public display do not infringe third-party proprietary rights, including copyright, patent, trademark, trade secret, or moral rights
  2. You are the creator and owner, or have necessary licenses, rights, consents, and permissions to authorize us and other users to use your Contributions
  3. You have written consent, release, and permission from each identifiable individual person in your Contributions to use their name or likeness
  4. Your Contributions are not false, inaccurate, or misleading
  5. Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, or mass mailings
  6. Your Contributions are not obscene, lewd, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
  8. Your Contributions are not used to harass or threaten any other person or promote violence against specific persons or classes
  9. Your Contributions do not violate applicable law, regulation, or rule
  10. Your Contributions do not violate third-party privacy or publicity rights
  11. Your Contributions do not contain material soliciting information from minors under 18 or exploiting minors sexually or violently
  12. Your Contributions do not violate laws concerning child pornography or protections for minors' well-being
  13. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
  14. Your Contributions do not violate any provision of these Terms of Use or applicable law

Any violation may result in termination or suspension of your Site rights.

Contribution License

You and the Site agree that we may access, store, process, and use information and personal data you provide following the Privacy Policy and your choices.

We may access, store, use, and share any feedback or suggestions you provide regarding the Site for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership and all intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility and refrain from legal action regarding them.


Mobile Application License

Use License

If you access the Site via mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices you own or control, and access and use it strictly in accordance with these Terms of Use. You shall not:

  1. Decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt the application
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
  3. Violate any applicable laws, rules, or regulations using the application
  4. Remove, alter, or obscure any proprietary notice (including copyright or trademark) posted by us or licensors
  5. Use the application for revenue-generating endeavor, commercial enterprise, or other unintended purpose
  6. Make the application available over a network permitting access or use by multiple devices or users simultaneously
  7. Use the application for creating a competitive product, service, or software
  8. Use the application to send automated queries to websites or unsolicited commercial email
  9. Use any proprietary information or interfaces in designing, developing, manufacturing, licensing, or distributing applications or devices

Apple and Android Devices

When you use a mobile application obtained from the Apple Store or Google Play (each an "App Distributor"):

  1. The license granted is limited to a non-transferable license to use the application on Apple iOS or Android devices in accordance with the App Distributor's terms of service
  2. We are responsible for providing maintenance and support services as specified in these Terms or as otherwise required by applicable law; each App Distributor has no obligation to furnish maintenance or support
  3. If the mobile application fails to conform to applicable warranty, you may notify the App Distributor, which may refund the purchase price in accordance with its terms and policies; to the maximum extent permitted by law, the App Distributor will have no other warranty obligation
  4. You represent and warrant that: (i) you are not located in a country subject to U.S. government embargo or designated as "terrorist supporting," and (ii) you are not listed on any U.S. government list of prohibited or restricted parties
  5. You must comply with applicable third-party terms when using the mobile application
  6. You acknowledge and agree that App Distributors are third-party beneficiaries of these Terms and may enforce them against you

Social Media

As part of the Site's functionality, you may link your account with online accounts you have with third-party service providers (each a "Third-Party Account") by either providing your Third-Party Account login information or allowing us to access your Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information and grant us access without breach of the terms governing your use of the applicable Third-Party Account, and without obligating us to pay fees or subjecting us to usage limitations.

By granting access to Third-Party Accounts, you understand that:

  1. We may access, make available, and store any content you've provided and stored in your Third-Party Account (the "Social Network Content") so it is available on and through the Site via your account, including friend lists
  2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when linking your account

Depending on the Third-Party Accounts you choose and your privacy settings, personally identifiable information you post to your Third-Party Accounts may be available on and through your Site account.

If a Third-Party Account or associated service becomes unavailable or our access is terminated by the third-party provider, Social Network Content may no longer be available. You can disable the connection between your Site account and Third-Party Accounts at any time.

YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THEM. We make no effort to review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list solely for identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the information below or through your account settings. We will attempt to delete information stored on our servers obtained through such Third-Party Account, except the username and profile picture that become associated with your account.


Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions and warrant that any Submissions are original with you or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") and articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties ("Third-Party Content").

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted, available, or installed from the Site, including content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies.

Inclusion of, linking to, or permitting use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk. These Terms of Use no longer govern.

You should review applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install. Any purchases made through Third-Party Websites are exclusively between you and the applicable third party. We take no responsibility whatsoever in relation to such purchases.

You agree and acknowledge that we do not endorse products or services offered on Third-Party Websites and shall hold us harmless from harm caused by your purchase of such products or services. You shall also hold us harmless from any losses sustained or harm caused relating to or resulting from any Third-Party Content or contact with Third-Party Websites.


U.S. Government Rights

Our services are "commercial items" as defined in Federal Acquisition Regulation (FAR) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (DOD), our services are subject to these Terms in accordance with FAR 12.212 (computer software) and FAR 12.211 (technical data).

If our services are acquired by or on behalf of any DOD agency, our services are subject to these Terms in accordance with Defense Federal Acquisition Regulation (DFARS) 227.7202‑3. Additionally, DFARS 252.227‑7015 applies to technical data acquired by the DOD.

This U.S. Government Rights clause is in lieu of and supersedes any other FAR, DFARS, or other clause or provision addressing government rights in computer software or technical data.


Site Management

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms of Use
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities
  3. In our sole discretion and without limitation, notice, or liability, refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof
  4. In our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems
  5. Otherwise manage the Site in a manner designed to protect our rights and property and facilitate proper functioning of the Site

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.optisigns.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please be advised the Site is hosted in the United States. If you access the Site from any other region with laws or requirements governing personal data collection, use, or disclosure that differ from U.S. laws, your continued use means you are transferring your data to the United States, and you agree to have your data transferred and processed there.


Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, immediately notify our Designated Copyright Agent using the information provided below (a "Notification").

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list of such works on the Site
  3. Identification of the material claimed to be infringing or subject to infringing activity to be removed or access disabled, and information reasonably sufficient to locate the material
  4. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and email address
  5. A statement that the complaining party has good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an allegedly infringed exclusive right

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the information provided below (a "Counter Notification").

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location where it appeared before removal or disabling
  2. A statement that you consent to the jurisdiction of the Federal District Court where your address is located, or if outside the United States, for any judicial district where we are located
  3. A statement that you will accept service of process from the party that filed the Notification or its agent
  4. Your name, address, and telephone number
  5. A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification
  6. Your physical or electronic signature

If we receive a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material unless we first receive notice from the party filing the Notification that they have filed a court action to restrain you from engaging in infringing activity related to the material.

Please note that if you materially misrepresent that disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Henry Le Attn: Copyright Agent 7676 Hillmont Street, 290N Houston, Texas 77040 support@optisigns.com


Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.


Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.


Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within Texas, without regard to its conflict of law principles.


Dispute Resolution

Informal Negotiations

To expedite resolution and control dispute costs, the Parties agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both available at www.adr.org.

Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Texas, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Texas, United States, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion found illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  • (a) No arbitration shall be joined with any other proceeding
  • (b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
  • (c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions:

  • (a) Any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party
  • (b) Any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use
  • (c) Any claim for injunctive relief

If this provision is found illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion found illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to personal jurisdiction of that court.


Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.


Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Use of the Site
  2. Breach of these Terms of Use
  3. Any breach of your representations and warranties set forth in these Terms of Use
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights
  5. Any overt harmful act toward any other user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.


User Data

We will maintain certain data that you transmit to the Site for the purpose of managing Site performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112 Sacramento, California 95834

Or by telephone at (800) 952-5210 or (916) 445-1254.


Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Users can link YouTube accounts for use with our app. By using this feature, user is subject to YouTube Term of Services.


Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

OptiSigns Inc. 7676 Hillmont Street, 290N Houston, TX 77040 United States

Phone: (832) 568-3976 Email: support@optisigns.com


Managed Device Program

By enrolling in our Managed Devices Program (the "MDP"), you specifically agree to be bound by these Terms of Use as they are applicable to the MDP. The MDP provides our customers with simplified hardware devices ("Devices") that are configured, maintained, and managed by OptiSigns. It is your initial and ongoing responsibility to ensure internet connectivity for the Devices you receive and use.

Managed Devices Program – Pricing

  • $99.99 per device (one-time)
  • $15.00 per month, per device (ongoing)

Managed Devices Program – Guarantee

We provide a limited hardware guarantee for Devices. In the event of a faulty Device incapable of remote repair according to the Managed Devices Program – Support section below, you can request a replacement from our customer support team, which will be shipped to you within 5 business days of your request.

Managed Devices Program – Support

In the event of a possible Device malfunction, you are responsible for opening a support ticket with our support team to allow remote troubleshooting of your Device. If the error is determined to be a hardware malfunction, our support representative may request that you perform basic troubleshooting activities (e.g. plugging the Device into a different display, attempting a different power adapter) before you are able to request a replacement Device.

By enrolling in the MDP and using one or more Devices, you acknowledge and understand that OptiSigns has the technical capability to remotely access the Devices for the purpose of customer support, troubleshooting, providing software updates, and other functions related to the ongoing upkeep of the Devices. Further, you expressly consent to such remote access, as governed by these Terms. This remote access capability cannot be disabled on the Devices. We do not collect any additional data from such remote access, except as necessary to provide requested customer support and maintain the functionality of the Devices.

Managed Devices Program – Returns

You are responsible for returning any faulty Device that is incapable of remote repair as detailed in these Terms of Use to OptiSigns for diagnostics within thirty (30) days of your request for a replacement. In the event faulty device not received or the faulty Device is determined to be in working condition, OptiSigns will provide you with notice of the device testing result and you will be assessed a testing and restocking fee of $100.00.

Managed Devices Program – Termination

If you terminate your subscription to the MDP, it is your responsibility to return all Devices in your possession within 30 days. If devices are returned within that period and are less than 12 months old, you will be issued a 50% refund of the initial $99.99 fee per Device.


OptiSigns AI Designer Supplemental Terms

Supplement to Terms of Use

These OptiSigns AI Designer Supplemental Terms ("AI Supplement") supplement and are incorporated into the OptiSigns Terms of Use. By using the OptiSigns AI Designer feature ("AI Designer"), you agree to be bound by both the Main Terms and this AI Supplement. In the event of any conflict between this AI Supplement and the Main Terms, this AI Supplement shall control solely with respect to the AI Designer.

Capitalized terms not defined in this AI Supplement shall have the meanings outlined in the Main Terms.

AI Designer Service Description

Service Overview

The AI Designer is an artificial intelligence-powered feature that enables you to:

  • Generate professional digital signage designs from text prompts
  • Create multiple design variations optimized for digital displays
  • Customize AI-generated designs through the OptiSigns editor
  • Access industry-specific templates and suggestions

Service Limitations

The AI Designer:

  • Does not guarantee unique or exclusive designs
  • May produce similar outputs for similar prompts across users
  • Requires your review before public display
  • Is intended solely for digital signage purposes

Ownership and Licensing of AI Content

Your Input Content

You retain all rights to content you submit to the AI Designer, including:

  • Text prompts and descriptions
  • Uploaded images and brand assets
  • Customizations to generated designs

By submitting content, you grant OptiSigns a limited, non-exclusive license to process your input solely for generating requested designs.

AI-Generated Output

For designs generated by the AI Designer:

  • You receive a non-exclusive, perpetual, worldwide license to use generated designs
  • OptiSigns claims no ownership of generated output
  • Other users may independently generate similar designs
  • You cannot claim exclusive copyright in raw AI-generated content

Commercial Use

You may use AI-generated designs for commercial purposes, including public display on digital signage, subject to the restrictions in the Acceptable Use and Restrictions section below.

Acceptable Use and Restrictions

You agree to:

  • Review all AI-generated content for accuracy before display
  • Ensure compliance with digital signage and advertising regulations
  • Verify content meets accessibility standards (ADA, WCAG)
  • Respect third-party intellectual property rights
  • Maintain appropriate content for your display environment

You agree NOT to use the AI Designer to:

  • Generate content infringing intellectual property rights
  • Create misleading, deceptive, or false content
  • Produce illegal, harmful, or offensive material
  • Impersonate individuals, brands, or entities
  • Circumvent usage limits or system restrictions
  • Extract or reverse engineer AI models
  • Generate content for non-digital signage purposes
  • Submit confidential information in prompts

Fees and Usage Limits

Access and Pricing

AI Designer access may be:

  • Included in select subscription plans
  • Available as a monthly add-on feature
  • Subject to usage limits per billing period

Usage Restrictions

Your plan may limit:

  • Monthly design generations
  • Saved design storage
  • Premium template access

Exceeding limits may result in additional charges or service suspension.

Data Processing and Privacy

How We Process Your Data

  • Prompts are processed by AI models to generate designs
  • We do not train models on your specific content
  • Prompts may be logged for service improvement and safety
  • Generated designs are temporarily cached

Your Responsibilities

  • Do not input confidential or sensitive information
  • Ensure you have rights to all submitted content
  • Review our Privacy Policy for complete data practices

Disclaimers

IN ADDITION TO THE DISCLAIMERS IN THE MAIN TERMS, WE SPECIFICALLY DISCLAIM ALL WARRANTIES REGARDING:

  • UNIQUENESS OR EXCLUSIVITY OF AI-GENERATED DESIGNS
  • ACCURACY OR COMPLETENESS OF AI-GENERATED CONTENT
  • SUITABILITY FOR ANY PARTICULAR PURPOSE
  • NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
  • CONTINUOUS AVAILABILITY OF AI DESIGNER SERVICE

AI-GENERATED CONTENT MAY CONTAIN ERRORS AND REQUIRES YOUR REVIEW. SIMILAR DESIGNS MAY BE GENERATED FOR OTHER USERS. AI OUTPUTS ARE SUGGESTIONS, NOT PROFESSIONAL ADVICE.

Additional Indemnification

In addition to the indemnification provisions in the Main Terms, you agree to indemnify OptiSigns for claims arising from:

  • Content you generate using the AI Designer
  • Your use or display of AI-generated designs
  • Misrepresentation of AI content as human-created
  • Violation of regulations using AI-generated content

Limitation of Liability

The limitations of liability in the Main Terms apply fully to your use of the AI Designer. Our total liability for AI Designer-related claims shall not exceed the amount you paid for AI Designer access in the six (6) months preceding any claim.

Termination

We may suspend or terminate your AI Designer access for violation of this AI Supplement. Upon termination, you may continue using previously generated designs per the license grant in the AI-Generated Output section.

Modifications

We reserve the right to modify this AI Supplement with notice via the Site or email. Continued use after modifications constitutes acceptance of changes.

Governing Law

This AI Supplement is governed by Texas law, consistent with the Main Terms. Disputes shall be resolved per the dispute resolution provisions in the Main Terms.


OptiDev Supplemental Terms

Supplement to Terms of Use

These OptiDev Supplemental Terms ("OptiDev Supplement") supplement and are incorporated into the Terms of Use ("Main Terms"). By using OptiDev, you agree to both the Main Terms and this OptiDev Supplement. In the event of conflict, this OptiDev Supplement controls solely with respect to OptiDev.

Definitions

  • "AI Output" means any code, applications, websites, content, documentation, or other materials generated by OptiDev's artificial intelligence systems in response to your inputs.

  • "Third-Party Services" means external services, APIs, infrastructure providers, hosting platforms, or AI models that OptiDev integrates with or relies upon.

Service Description and Limitations

OptiDev is an AI-powered platform that enables you to create software applications and websites through natural language interactions and AI-assisted development tools.

OptiDev does not guarantee unique, exclusive, or error-free AI Output. The platform may produce similar outputs for similar prompts, requires your review and testing before production use, and may experience interruptions due to Third-Party Service dependencies. OptiDev is a development assistance tool, not a replacement for professional software engineering judgment.

AI Output Disclaimer

No Guarantee of Accuracy or Fitness

AI Output is generated by machine learning models and may contain errors, bugs, security vulnerabilities, or other defects. We do not guarantee that AI Output will be accurate, complete, error-free, secure, unique to you, free of third-party intellectual property rights, suitable for any purpose, or compliant with applicable laws.

User Responsibility

You are solely responsible for:

  • Reviewing, testing, and validating all AI Output before use or deployment
  • Ensuring AI Output meets your requirements and complies with applicable laws
  • Identifying and correcting any errors, bugs, or vulnerabilities
  • Conducting appropriate intellectual property and license compliance checks on AI Output before distribution
  • Making all final decisions regarding the use of AI Output

Code-Specific Risks

AI-generated code may contain logic errors, security vulnerabilities (including injection flaws, authentication weaknesses, or data exposure risks), performance inefficiencies, incompatibilities with existing systems, deprecated functions, or code that does not follow best practices. You assume all risk associated with deploying AI-generated code.

Similar Outputs

Other users may independently receive AI Output that resembles yours. You have no claim to exclusivity over AI Output.

Prohibited Uses

High-Risk Applications

You agree NOT to use AI Output without appropriate independent review, testing, and professional oversight in high-risk contexts, including but not limited to: medical or healthcare applications, legal advice, financial services, safety-critical or life-safety systems, autonomous vehicles, and critical infrastructure.

AI-Specific Restrictions

In addition to Prohibited Activities in the Main Terms, you agree NOT to:

  • Misrepresent the nature or origin of AI Output in contexts where such misrepresentation could cause harm or deception
  • Deploy AI Output in production without appropriate review and testing
  • Reverse engineer, decompile, or attempt to extract models, algorithms, weights, training data, or system logic underlying OptiDev
  • Use OptiDev or AI Output to train, develop, or improve competing AI models or services
  • Scrape or extract data from OptiDev for machine learning training purposes

Ownership and Licensing

Your Input Content

You retain all rights to content you submit to OptiDev. By submitting content, you grant us a limited license to process your input solely for generating AI Output.

AI Output Ownership

Subject to the limitations below, you own the AI Output generated for you. However:

  • AI Output may incorporate open-source components or code derived from publicly available materials subject to third-party licenses. You are responsible for identifying and complying with any applicable license terms.
  • You cannot claim exclusive rights over raw, unmodified AI Output, as other users may receive similar outputs.
  • Your ownership is subject to any third-party intellectual property rights that may exist in portions of the AI Output.

We claim no ownership of AI Output generated specifically for you and make no claim to royalties or other compensation for your use of AI Output.

Third-Party Services

OptiDev relies on Third-Party Services for hosting, database, storage, AI inference, and other infrastructure. We do not control these services and cannot guarantee their availability, performance, or security. You acknowledge that interruptions or errors may occur due to Third-Party Service issues, and we are not responsible for acts or omissions of Third-Party Service providers.

Data Processing

You agree not to submit to OptiDev any: protected health information (HIPAA), payment card data (PCI-DSS), government identification numbers, passwords or API keys, or trade secrets. We disclaim all liability for sensitive data submitted in violation of this section.

Disclaimers

IN ADDITION TO DISCLAIMERS IN THE MAIN TERMS:

AI OUTPUT IS PROVIDED "AS-IS." WE DISCLAIM ALL WARRANTIES REGARDING ACCURACY, SECURITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, AND UNIQUENESS OF AI OUTPUT. WE DO NOT WARRANT AVAILABILITY OR RELIABILITY OF THIRD-PARTY SERVICES.

AI OUTPUT IS GENERATED BY MACHINE LEARNING SYSTEMS AND MAY CONTAIN ERRORS. YOU USE AI OUTPUT AT YOUR OWN RISK.

Limitation of Liability

IN ADDITION TO THE MAIN TERMS, WE ARE NOT LIABLE FOR: damages from AI Output (including errors, bugs, vulnerabilities, or inaccuracies); Third-Party Service failures; your deployment or use of AI Output; or any harm caused by applications you create using OptiDev.

Our total liability for OptiDev-related claims shall not exceed the amount you paid for OptiDev access in the six (6) months preceding any claim.

Indemnification

In addition to the Main Terms, you agree to indemnify OptiPrime for claims arising from: products you create using AI Output; claims that AI Output you deployed infringes third-party rights; misrepresentation of AI Output origins; failure to review or test AI Output; harm caused by your applications; or use of AI Output in high-risk applications without appropriate safeguards.

Termination

We may suspend or terminate your OptiDev access for violation of this Supplement. Upon termination, you may retain AI Output generated prior to termination subject to these license terms. Provisions relating to ownership, disclaimers, limitation of liability, and indemnification survive termination.

Modifications

We may modify this OptiDev Supplement with notice via the Site. Continued use constitutes acceptance.