This End User License Agreement (“Agreement”) is entered into by and between Opptymize (“Licensor”) and the user (“You” or “Licensee”) of the Opptymize application (“Software”).

BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.

1. License Grant

Licensor hereby grants You a limited, non-exclusive, non-transferable, revocable license to use the Software solely for Your internal business purposes in accordance with the terms of this Agreement.

2. Restrictions

You shall not:

Copy, modify, distribute, sell, or lease any part of the Software.

Reverse engineer, decompile, or attempt to extract the source code of the Software.

Use the Software for any unlawful purpose or in violation of any applicable laws.

3. Ownership

The Software is licensed, not sold. All rights, title, and interest in and to the Software, including any updates or modifications, are owned by Licensor.

4. Term and Termination

This Agreement is effective until terminated. Licensor may terminate this Agreement at any time if You violate its terms. Upon termination, You must cease all use of the Software and destroy any copies in Your possession.

5. Salesforce Compliance

You acknowledge that the Software operates within the Salesforce platform and agree to comply with all applicable terms, conditions, and policies of Salesforce. This includes, but is not limited to, the Salesforce Master Subscription Agreement and the Salesforce AppExchange Partner Program Agreement. Licensor is not responsible for any interruptions, errors, or issues arising from the Salesforce platform.

6. Data and Privacy

Licensor does not collect or store any personal data directly from users. All data processed by the Software remains within the Salesforce environment and is subject to Salesforce’s privacy policies and controls. You are responsible for ensuring that Your use of the Software complies with all applicable data protection and privacy laws.

7. Salesforce Limitations

The functionality of the Software is dependent on the performance and availability of the Salesforce platform. Licensor makes no guarantees regarding the availability or performance of the Software in the event of Salesforce platform issues, including outages, maintenance periods, or other technical problems.

8. No Warranties

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. No Indemnification

Licensor shall have no obligation to indemnify, defend, or hold You harmless from any claims, liabilities, damages, or expenses arising out of or in connection with Your use of the Software.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between You and Licensor regarding the Software and supersedes all prior agreements or understandings, whether written or oral.

13. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

14. Amendments

Licensor reserves the right to modify this Agreement at any time. Your continued use of the Software after any such modification constitutes Your acceptance of the modified Agreement.

BY CLICKING “ACCEPT” OR INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

15. Free Trial Terms
    15.1 Eligibility: The free trial (“Trial”) is available to new users only and may not be combined with any other offers. Eligibility for the Trial is determined at the sole discretion of Licensor.

15.2 Duration: The Trial provides access to the Software for a period of [14 days], starting from the date of activation.

15.3 Limitations: Certain features or functionalities of the Software may be restricted during the Trial Period. The Trial is for evaluation purposes only and may not be used for commercial purposes beyond evaluation.

15.4 Transition to Paid Subscription: To continue using the Software after the Trial Period, You must activate a paid subscription before the Trial expires. Licensor reserves the right to suspend or terminate access to the Software if no subscription is activated.

15.5 Termination of Trial: Licensor may terminate the Trial at any time for any reason. Licensor is not responsible for any data loss or configurations created during the Trial that may not be retained upon termination.