TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using www.optekut.com. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using www.optekut.com, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users.

Account registration

To use the Service, Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.optekut.com. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following: By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Access to external resources

Through www.optekut.com, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Www.optekut.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of www.optekut.com and/or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to www.optekut.com or the Service, terminating contracts, reporting any misconduct performed through www.optekut.com or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Software license and subscription services

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to www.optekut.com are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of www.optekut.com and the Service offered. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement. Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards. The Owner reserves the right to release updates, fixes and further developments of www.optekut.com and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using www.optekut.com and/or its related software. New releases may only be available against payment of a fee. The User may download, install, use and run the software on one device.

• The Software, OPTEKUT, is offered as a subscription service for $150 per month (“Retail Subscription Fee”). This monthly Retail Subscription Fee is subject to change. If the OPTEKUT user is an Optek Films Pro Member, defined as holding an account on optekfilms.com AND making at least one purchase on optekfilms.com within the previous 30 days of the software subscription payment window, the Subscription Fee can be discounted to $100 for upcoming month. If an OPTEKUT User does not purchase any products on optekfilms.com within the 30 days prior to the next billing term, then the OPTEKUT User will be billed the entire current retail monthly price for OPTEKUT.

1.2. The Subscription Fee covers access to the Software and its standard features as outlined on the Company’s website or other marketing materials.
1.3. Additional services, upgrades, or features may incur additional fees.

2. Subscription Term and Renewal

2.1. Subscriptions are billed monthly and renew automatically at the end of each billing cycle unless canceled in accordance with Section 7.
2.2. The billing cycle begins on the date the Subscriber first subscribes to the Software (“Billing Date”).

3. Payment Terms

3.1. The Subscription Fee is due in advance and will be charged to the payment method on file on the Billing Date.
3.2. If the payment is not successfully processed, the Company reserves the right to suspend access to the Software until payment is received.
3.3. The Subscriber is responsible for keeping their payment information up to date.

4. License and Use Restrictions

4.1. The Company grants the Subscriber a non-exclusive, non-transferable license to access and use the Software during the subscription term.
4.2. The Subscriber shall not:

• Modify, reverse-engineer, or create derivative works of the Software.
• Share login credentials with unauthorized users.
• Use the Software for any unlawful purpose.

5. Data and Privacy

5.1. The Company will collect, process, and store data in accordance with its Privacy Policy.
5.2. The Subscriber retains ownership of any data they upload to the Software. The Company will not disclose such data without the Subscriber’s consent unless required by law.

6. Service Availability and Support

6.1. The Company will use reasonable efforts to ensure the availability of the Software but does not guarantee uninterrupted service.
6.2. Technical support is available to Subscribers via [support channels, e.g., email or phone] during business hours.

7. Cancellation and Termination

7.1. The Subscriber may cancel their subscription at any time through the account management portal.
7.2. No refunds will be issued for partial months. The Subscriber retains access to the Software until the end of the current billing cycle.
7.3. The Company reserves the right to terminate the subscription immediately if the Subscriber violates this Agreement.

8. Limitation of Liability

8.1. The Software is provided “as is,” and the Company disclaims all warranties, express or implied.
8.2. The Company’s total liability for any claim arising from or related to this Agreement shall not exceed the Subscription Fee paid by the Subscriber in the three months preceding the claim.

9. Indemnification

9.1. The Subscriber agrees to indemnify and hold harmless the Company against any claims, damages, or losses arising from their use of the Software or violation of this Agreement.

10. Governing Law

10.1. This Agreement is governed by the laws of [Jurisdiction]. Any disputes will be resolved in the courts in the respective district of Knoxville, Tennessee.

11. Amendments

11.1. The Company reserves the right to update these Terms and Conditions at any time. Subscribers will be notified of material changes, and continued use of the Software constitutes acceptance of the revised terms.

By subscribing to the Software, the Subscriber acknowledges that they have read, understood, and agreed to these Terms and Conditions. For questions, please contact Optek Films – info@optekfilms.com.

 

Limitation of Liability

Www.optekut.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders,

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;

• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

• User’s violation of any statutory law, rule, or regulation;

• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

• User’s willful misconduct; or

• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc).

Service or Product reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any purchased Product or any portion of www.optekut.com and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program. Any redistribution of the Products is strictly prohibited without the prior written consent of Owner.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.optekut.com/.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.optekut.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.optekut.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of www.optekut.com must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.optekut.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Definitions and legal references

Www.optekut.com (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Example withdrawal form

Addressed to:

Optek Films, Inc 601 Dutch Valley Drive, Knoxville, TN 37918 United States privacy@optekut.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

Ordered on: _____________________________________________ (insert the date)

Received on: _____________________________________________ (insert the date)

Name of consumer(s):_____________________________________________

Address of consumer(s):_____________________________________________

Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides www.optekut.com and/or the Service to Users.

Product (s)

A good or service available for purchase through www.optekut.com, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by www.optekut.com as described in these Terms and on www.optekut.com.

Terms

All provisions applicable to the use of www.optekut.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using www.optekut.com.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.