Effective date: April 1, 2025
Last updated date: April 1, 2025
BY SIGNING THIS AGREEMENT, OR BY CLICKING ON THE âACCEPTâ OR âSUBMITâ OR âCONTINUEâ BUTTON AND CREATING YOUR ACCOUNT AT HTTPS://OPS.OPTERY.COM, YOU OR THE ENTITY THAT YOU REPRESENT (âYOU,â âYOUR,â âYOURSâ OR âDATA HOLDERâ) ARE ONSENTING TO BE BOUND BY, ARE BECOMING A PARTY TO THIS DATA HOLDER AGREEMENT (THE âAGREEMENTâ) WITH OPTERY, INC. (âWE,â âUS,â âOURâ OR âOPTERYâ), AND ARE HEREBY REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND DATA HOLDER HERETO. YOUR DOWNLOAD OR CONTINUED USE OF ANY PORTION OF THE DATA SUBJECT REQUESTS SYSTEM (AS DEFINED BELOW) SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT CREATE AN ACCOUNT AT HTTPS://OPS.OPTERY.COM, AND YOU WILL HAVE NO RIGHT TO USE THE DATA SUBJECT REQUESTS SYSTEM. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. If you already agreed to the Agreement and created a Data Holder account with Optery at https://ops.optery.com, but no longer agree to abide by the terms of the Agreement, you may no longer use the Service (as defined below), and you must delete your account by contacting us at support@optery.com, and we will delete your account for you.
1. License Grant
Subject to full compliance with the terms of this Agreement, Optery hereby grants you a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use Opteryâs data subject requests system and related information and documentation and/or API we choose to provide (collectively, the âData Subject Requests Systemâ) for the sole purpose of allowing you to retrieve and update certain of Opteryâs data subject request records (each a âDSR Recordâ) (collectively, the âServiceâ), and for any other purposes authorized by us in writing.
2. Changes to this Agreement
We are constantly trying to improve our Service, so this Agreement may need to change along with the Data Subject Requests System and Service. We reserve the right to change this Agreement at any time, but if we do, we will place a notice on our site located at https://ops.optery.com, send you an email, and/or notify you by some other means. If you donât agree with the new Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Agreement is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.
3. Accounts and Security
You will be required to sign up for an account, select a password and user name (âOptery User IDâ), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Optery User ID a name that you do not have the right to use, or another personâs or entityâs name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract. You will only use the Services you obtain for your own internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you arenât authorized to use the Services. We canât and wonât be responsible for your using the Services in a way that breaks the law. You will not share your Optery User ID, account or password with anyone, and you must protect the security of your Optery User ID, account, password and any other access tools or credentials. Youâre responsible for any activity associated with your Optery User ID and account.
4. Data Holder Obligations
In consideration of being granted access to the Data Subject Requests System, and for the duration of the term of this Agreement, the Data Holder shall: (a) retrieve a copy of each DSR Record from the Data Subject Requests System at a cadence adequate to satisfy Data Holder’s obligations under applicable laws; (b) conduct a thorough review of each such DSR Record for the requests it contains to opt-out, access or delete (as applicable) Personal Data about a specific individual person (âData Subject Requestâ); and (c) comply with and execute all Data Subject Requests, as documented in each DSR Record, in accordance with any procedures, obligations and timeframes set forth by applicable laws. Once each individual Data Subject Request has been processed by the Data Holder, Data Holder will update the status of each DSR Record in the Data Subject Requests System in accordance with any procedures, obligations and timeframes set forth by applicable laws. If Data Holder requires additional information not included in a DSR Record in order to comply with and execute an Data Subject Request, Data Holder shall promptly (but within not more than two weeks) notify Optery at support@optery.com and request any information required to complete such request. Data Holder is responsible for ensuring that its compliance with Data Subject Requests complies with applicable laws. For purposes of this provision, âPersonal Dataâ means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer.
5. Restrictions; Ownership
When using the Data Subject Requests System, please remember that you may not: (a) share, sell, rent, or transfer access to the Data Subject Requests System or any DSR Records to anyone else; (b) remove any copyright notices or proprietary labels from the Data Subject Requests System; or (c) use the DSR Records or any information in the Data Subject Requests System for purposes other than responding to Data Subject Requests. Optery will retain all right, title and interest to the Data Subject Requests System, including any copies or modifications thereof. The only permissions granted with respect to use of the Data Subject Requests System and the DSR Records are those specifically stated in this agreement.
6. Confidentiality
Any technical, financial or other information provided by Optery to Data Holder, including, but not limited to, this Agreement, any documentation and any DSR Record (collectively, âConfidential Informationâ), shall be held in confidence and not disclosed or, except as expressly provided herein, used by Data Holder; these obligations will not apply to Confidential Information that is generally and freely publicly available through no fault of Data Holder, or that Data Holder otherwise rightfully obtains from third parties without restriction. You agree not to disclose (or allow access to) the Data Subject Requests System (or any information derived therefrom, including any DSR Record) to any third party and will limit access to the Data Subject Requests System (and any derived information) to your employees who are downloading DSR Records. In support of this obligation, you will apply at least the same security that you use to protect your own most confidential information.
7. Data Subject Requests System Updates
If Optery provides you with any upgrades, patches, enhancements, or fixes for the Data Subject Requests System, then all items that are so provided will become part of the Data Subject Requests System, respectively, and subject to this Agreement. Notwithstanding the foregoing, Optery shall have no obligation under this Agreement to provide any such upgrades, patches, enhancements, fixes or any other support for the Data Subject Requests System.
8. Termination
Youâre free to do that at any time by contacting us at support@optery.com. Optery is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of this Agreement. Optery has the sole right to decide whether you are in violation of any of the restrictions set forth in these Agreement. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve anything important that you may have stored in your account (to the extent allowed by law and these Agreement), but we may not do so if we determine it would be impractical, illegal, not in the interest of someoneâs safety or security, or otherwise harmful to the rights or property of Optery. Provisions that, by their nature, should survive termination of these Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
9. Disputes
If there is a dispute between participants on the Services, or between users of the Services and any third party, including but not limited to Optery customers using other Optery products and services, you agree that Optery is under no obligation to become involved. In the event that you have a dispute with one or more other users of the Services, Optery customers, or any other third party, you release Optery, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our products or services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: âA general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.â
10. WARRANTY DISCLAIMER
OPTERY PROVIDES THE DATA SUBJECT REQUESTS SYSTEM âAS ISâ AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL OPTERY OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM DATA HOLDERâS USE OF THE SERVICES. OPTERYâS LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $100. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
12. Indemnity
You agree to indemnify and hold Optery and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneysâ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of this Agreement, and (c) your violation of applicable law.
13. Miscellaneous
This Agreement represents the complete agreement concerning the subject matter hereof between you and us, and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Optery to act with respect to a breach of this Agreement by Data Holder or others does not constitute a waiver and shall not limit Opteryâs rights with respect to such breach or any subsequent breaches. This Agreement is personal to Data Holder and may not be assigned or transferred for any reason whatsoever without Opteryâs consent and any action or conduct in violation of the foregoing shall be void and without effect. Optery expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law. Unless otherwise elected by Optery in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts located in San Francisco County, California, and both parties consent to the jurisdiction of such courts; provided that, without limiting Opteryâ s right to seek injunctive or other equitable relief in court, either party may elect (by written notice given prior filing a complaint or, in the case of the defendant, prior to answering a complaint) to resolve a dispute by binding arbitration in the English language in San Francisco, California under the rules of JAMS; the decision of the arbitrator will be enforceable in any court. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneysâ fees.