Terms of Service

Last updated: March 30, 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Optopus platform, operated by Optopus Technologies (JM1042153-M) ("we", "us", or "our"). The Platform is accessible at https://optopus.my and through related applications, APIs, and services.

By creating an account or using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Platform.

2. Definitions

• "Platform" means the Optopus web application, API, tracking pixel (optopus.min.js), live chat widget, WordPress plugin, and all related services, tools, and documentation provided by Optopus Technologies.
• "Organization" means a workspace created by a User on the Platform. Each Organization is a separate, isolated tenant with its own data, team members, and configuration.
• "Customer Data" means all data entered into, imported to, or collected by the Platform on behalf of your Organization, including but not limited to contact records, orders, products, conversation messages, tracking pixel data, custom fields, labels, and notes.
• "User" means any individual who accesses or uses the Platform within an Organization, including owners, managers, members, and viewers.

3. Account Terms

• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are responsible for maintaining the confidentiality and security of your account credentials, including your password and any API keys associated with your account.
• Each account is for a single individual. Accounts may not be shared between multiple people. If your team needs access, invite them as team members within your Organization.
• You must be at least 18 years old to create an account and use the Platform.
• You are responsible for all activity that occurs under your account, whether or not you authorized that activity. You must notify us immediately at legal@optopus.my if you suspect any unauthorized access to your account.

4. Use of the Platform

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Optopus platform during the term of your subscription.

• You may invite team members to your Organization and assign them role-based permissions (owner, manager, member, or viewer) to control their level of access.
• Each Organization is a separate, isolated workspace. You may not access, view, modify, or export data belonging to another Organization unless explicitly authorized by that Organization's owner.
• You are responsible for ensuring that your use of the Platform complies with all applicable laws and regulations in your jurisdiction.

5. Acceptable Use

You agree not to use the Platform for any purpose that is prohibited by these Terms or by applicable law. Specifically, you agree NOT to:

• Use the Platform for any unlawful, fraudulent, or deceptive purpose
• Send unsolicited messages (spam) through the Platform's messaging channels, including WhatsApp, live chat, and email integrations
• Upload, transmit, or distribute malicious code, viruses, malware, or any content intended to harm or disrupt the Platform or other users
• Attempt to access, probe, or breach another Organization's data, account, or system resources
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• Use the Platform in a manner that violates any person's privacy rights, intellectual property rights, or other legal rights
• Exceed reasonable usage limits, including API rate limits and storage quotas, or engage in activity designed to overload or degrade Platform performance
• Resell, sublicense, lease, or otherwise provide access to the Platform to third parties without our prior written consent
• Use the Platform to collect or store sensitive data (such as health records, financial account numbers, or government identifiers) unless you have obtained all required consents and comply with applicable regulations

We reserve the right to investigate suspected violations of these Terms and to suspend or terminate accounts that are found to be in violation.

6. Customer Data Ownership

Your data is yours. We believe strongly in data ownership and transparency:

• You retain full ownership of all Customer Data that you or your team enter into, import to, or collect through the Platform.
• We claim no intellectual property rights over your Customer Data. We will never use your Customer Data to train models, build competing products, or derive commercial benefit beyond providing our services to you.
• You grant us a limited, non-exclusive license to access, process, and store Customer Data solely for the purpose of providing, maintaining, and improving the Platform as described in these Terms.
• You are responsible for the accuracy, quality, and legality of the Customer Data you collect and store using Optopus, including ensuring that you have obtained any required consents from your customers.
• You are responsible for ensuring that your collection, storage, and use of Customer Data complies with applicable data protection laws, including the Malaysian Personal Data Protection Act 2010 (PDPA) and any other regulations applicable in your jurisdiction.

7. Tracking Pixel & Data Collection

The Optopus tracking pixel is a tool we provide to help you collect behavioral data from your website visitors. When you choose to install the tracking pixel on your website, you acknowledge and agree that:

• You are solely responsible for disclosing the use of the tracking pixel in your website's privacy policy and cookie notice
• You are solely responsible for obtaining consent from your website visitors where required by applicable data protection laws (including PDPA, GDPR, CCPA, or other relevant regulations)
• You must comply with all applicable data protection regulations regarding the data collected through the tracking pixel
• We provide the tracking pixel as a technical tool; you determine how, where, and on which pages it is deployed
• Data collected through the tracking pixel is stored within your Organization and is subject to your Organization's data retention settings

8. Third-Party Integrations

The Platform allows you to connect third-party services to extend its functionality. When using integrations:

• WooCommerce: When you install and activate our WordPress plugin (Optopus for WooCommerce), order and product data from your WooCommerce store is synced to your Optopus Organization. Your use of WooCommerce is subject to its own terms and the terms of your hosting provider.
• WhatsApp Cloud API: When you connect a WhatsApp Business Account, messages are transmitted through Meta's WhatsApp Cloud API. Your use of WhatsApp Business is subject to Meta's terms of service, WhatsApp Business Policy, and Commerce Policy.
• Payment Gateways: Subscription payments are processed through third-party payment providers. Your payment information is handled directly by these providers subject to their terms and privacy policies.

We are not responsible for the availability, accuracy, reliability, or practices of any third-party services. You acknowledge that your use of third-party integrations is at your own risk and subject to the respective third party's terms and conditions.

9. Subscription & Payment

• Access to the Platform requires an active subscription. Certain features may be limited or unavailable depending on your subscription plan.
• Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Annual subscriptions are billed for the full year at the start of each billing period.
• All prices are quoted and billed in Malaysian Ringgit (MYR) unless explicitly stated otherwise.
• By subscribing, you authorize us to charge your payment method on file for the applicable subscription fees at the beginning of each billing cycle.
• We may change subscription pricing with at least 30 days' written notice. Price changes will take effect at the start of your next billing cycle following the notice period.
• If payment fails or your account becomes overdue, we may suspend access to the Platform until payment is received. Continued non-payment may result in account termination.
• Refunds are handled on a case-by-case basis. Contact legal@optopus.my for refund inquiries.

10. API Usage

The Optopus API allows you to programmatically interact with the Platform. Your use of the API is subject to the following terms:

• API access is subject to rate limits and fair use policies. Current rate limits are documented in our API documentation and may be adjusted based on your subscription plan.
• API keys are confidential credentials. You are solely responsible for keeping your API keys secure and must not share them publicly (e.g., in client-side code, public repositories, or unsecured channels).
• We reserve the right to throttle, restrict, or suspend API access for accounts whose usage patterns negatively impact Platform performance or other users' experience.
• You must not use the API to build a competing product or service, or to systematically extract data for purposes unrelated to your use of the Platform.

11. Service Availability

We strive to maintain high availability and reliability of the Platform. However:

• We do not guarantee that the Platform will be available at all times without interruption. Occasional downtime may occur due to maintenance, updates, or circumstances beyond our control.
• We will make reasonable efforts to communicate scheduled maintenance windows in advance through in-app notifications or email.
• We are not liable for any loss, damage, or inconvenience caused by downtime resulting from factors beyond our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or cyberattacks.
• We do not guarantee the accuracy, completeness, or timeliness of any data, reports, or analytics generated by the Platform.

12. Limitation of Liability

To the fullest extent permitted by the laws of Malaysia:

• The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Our total aggregate liability to you for any and all claims arising out of or related to these Terms or your use of the Platform shall not exceed the total fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.
• In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or costs of procurement of substitute services, regardless of the cause of action or theory of liability.
• We are not liable for any data loss, corruption, or breach resulting from your actions, your team members' actions, third-party service failures, or events beyond our reasonable control.

13. Indemnification

You agree to indemnify, defend, and hold harmless Optopus Technologies, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform or any activity carried out under your account
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third party's rights, including privacy, intellectual property, or contractual rights
• Customer Data you collect, store, or process through the Platform
• Your deployment and use of the tracking pixel on your website

14. Termination

Either party may terminate the subscription relationship:

• By you: You may cancel your subscription at any time through your account settings or by contacting us at legal@optopus.my. Cancellation takes effect at the end of your current billing period. You will retain access until then.
• By us: We may suspend or terminate your account immediately if you materially breach these Terms, engage in prohibited activities, or fail to pay outstanding fees after reasonable notice.

Upon termination:

• Your Customer Data will be available for export for 30 days following the effective termination date. During this period, you may export your data in standard formats through the Platform's export features or API.
• After the 30-day export period, all Customer Data associated with your Organization will be permanently and irreversibly deleted from our systems and backups.
• We are not obligated to retain or provide access to Customer Data after the 30-day export period.
• Sections of these Terms that by their nature should survive termination (including but not limited to Limitation of Liability, Indemnification, and Governing Law) shall continue to apply.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Malaysia. Both parties consent to the personal jurisdiction of these courts and waive any objection to venue.

16. Changes to Terms

We reserve the right to modify these Terms from time to time. When we make changes:

• Material changes will be communicated to you via email or in-app notification at least 30 days before they take effect.
• We will update the "Last updated" date at the top of this page.
• Non-material changes (such as formatting corrections or clarifications that do not affect your rights) may be made without advance notice.

Your continued use of the Platform after the updated Terms take effect constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Platform and may cancel your subscription.

17. Contact

If you have any questions about these Terms of Service, please contact us:

• Company: Optopus Technologies (JM1042153-M)
• Email: legal@optopus.my
• Website: https://optopus.my