Skip to content

Terms of service

Last updated: 22 October 2026

These terms govern the services provided by Optimizative Technologies LLC, a New Mexico limited liability company (entity number 0008039262), 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States ("Optimizative", "we", "us"), to you as a customer ("you"). By signing an order, accepting a proposal, or using our services, you accept these terms.

1. Definitions

  • Order: the proposal, quote or online order that describes the services you buy, the price and the term.
  • Services: the services described in an Order, as listed in section 3.
  • Customer content: everything you or your users upload, send or store through the Services.
  • Business customer: a customer acting for purposes related to its trade, business or profession. Consumer: a natural person acting outside those purposes.

2. The contract

The contract consists of the Order, these terms, the Acceptable use policy and, where we process personal data for you, the Data processing agreement. If they conflict, the Order prevails, then the Data processing agreement, then these terms.

Our services are intended for business customers.

3. Our services

3.1 Web

Design, development and redesign of websites. The scope, deliverables, number of revision rounds and timeline are set in the Order. Unless the Order says otherwise, we deliver a site that is hosted by us under an Optimizative Hosting plan.

3.2 Hosting

Our hosting services run on the infrastructure of Cloudflare, Inc., which owns and provides that infrastructure. Optimizative is a customer of Cloudflare, Inc. and is not affiliated with it.

  • Plans. The features and limits of each plan are those shown on the plan page at the time of the Order. Usage limits of the underlying Cloudflare services apply to all plans.
  • Availability. We do not offer a service level agreement (SLA) or guaranteed uptime, except on Enterprise plans where an SLA is set out in writing in the Order. The availability of the services depends on Cloudflare's network, and outages or changes made by Cloudflare are outside our control.
  • Plans subject to approval. Plans marked "Subject to Cloudflare approval" are not available until that approval is in place. We will not charge for them before then.
  • Data location. For stored data (databases and files) you choose, at creation, whether it is stored in the European Union or in the United States. The choice cannot be changed later without creating new storage and moving the data. Web pages are delivered from Cloudflare data centres worldwide regardless of this choice. Processing restricted to EU data centres for traffic, logs and keys is available only on Enterprise plans that include it.
  • Backups. You remain responsible for keeping your own copy of your Customer content.
  • Email. Hosting plans do not include email mailboxes unless the Order says so.

3.3 AI for business

Assistants, automations and custom tools that use artificial intelligence models from third-party providers. AI output can be inaccurate or incomplete. You are responsible for reviewing it before relying on it, for telling the people who interact with an assistant that they are dealing with an AI system where the law requires it, and for the decisions you take. We do not promise specific business results.

3.4 Design

Brand identity, website design, and graphics for social media and advertising. On full payment, we assign to you the rights in the final deliverables described in the Order. Drafts, discarded concepts, and our tools and templates remain ours. Fonts, stock images and other third-party assets are licensed to you on the terms of their owners.

3.5 Capital markets technology

Technology for financial firms: market data infrastructure, infrastructure for client platforms, and AI applied to financial data.

Optimizative provides technology services and does not provide investment advice. We do not give recommendations or signals, do not manage assets, do not execute or route orders on anyone's behalf, and are not a registered investment adviser, broker-dealer or investment firm. You remain solely responsible for your regulatory obligations, your investment decisions and the use you make of data and tools we provide. Market data from third parties is provided on the terms of its source, without warranty of accuracy or timeliness.

3.6 Agency partners

Agencies can resell or bundle our services for their own clients under a separate written agreement. The agency is our customer and is responsible for its clients' use of the services. An agency may not present itself as Optimizative, may not make promises on our behalf, and may not present Cloudflare or any other provider as its partner unless it has its own agreement with them.

4. Your responsibilities

  • Give us accurate information and the access, content and approvals we need, on time.
  • Keep your login credentials secure and tell us promptly about any unauthorised use.
  • Make sure you have the rights to your Customer content and that it complies with the law and with our Acceptable use policy.
  • Where you collect personal data through the services, act as the controller and give your users the required privacy information.

5. Fees and payment

Prices are stated in the Order, in euro unless stated otherwise, and are exclusive of VAT and other taxes, which are added where applicable. Subscriptions are billed in advance for each billing period. Invoices are due within 14 days. If a payment is overdue by more than 30 days, we may suspend the services after giving you written notice.

We may change subscription prices with at least 30 days' notice before your next renewal. If you do not accept the change, you can terminate before it applies.

6. Term and termination

Subscriptions renew automatically for the same period unless either party cancels before the renewal date. You can cancel at any time from your account or by email; the cancellation takes effect at the end of the paid period.

Either party may terminate the contract with immediate effect if the other seriously breaches it and does not fix the breach within 15 days of written notice.

After termination, we keep your Customer content available for export for 30 days, then delete it, unless the law requires us to keep it.

7. Suspension

We may suspend all or part of the services, limited to what is necessary, if your use breaches the Acceptable use policy, puts the security of our services or of others at risk, or if required by law or by Cloudflare. We will tell you why, and restore the services when the cause is removed.

8. Intellectual property

You keep all rights in your Customer content and give us a licence to use it only as needed to provide the services. We keep all rights in our platform, software, know-how and templates. Section 3.4 governs design deliverables.

9. Confidentiality

Each party will keep the other's non-public information confidential, use it only for the contract, and share it only with staff and providers who need it and are bound by similar obligations.

10. Data protection

Our Privacy policy describes how we handle personal data as a controller. When we process personal data on your behalf, the Data processing agreement applies and forms part of this contract.

11. Warranties

We will perform the services with reasonable skill and care. Except as stated in these terms or in the Order, and to the extent permitted by law, the services are provided "as is" and we give no other warranties, express or implied.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profit, revenue or data, and each party's total liability under the contract in any 12 months is limited to the fees paid or payable by you in those 12 months.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct or gross negligence, or for death or personal injury caused by negligence.

13. Third-party services

The services rely on third-party providers, listed on our Sub-processors page. Their terms may set limits that also apply to you. We are not responsible for changes they make that are outside our control, but we will tell you if a change materially affects your services.

14. Governing law and jurisdiction

These terms are governed by the laws of the State of New Mexico, United States. The courts of the State of New Mexico have exclusive jurisdiction over any dispute, without prejudice to section 15.

15. Consumers

If you are a consumer resident in the European Union, nothing in these terms limits the rights that the mandatory law of your country of residence gives you, including the right to bring proceedings in the courts of your country. You have the right to withdraw from a distance contract within 14 days without giving a reason; if you ask us to start a service before that period ends, you will pay for the part already provided.

16. Changes to these terms

We may update these terms. We will give at least 30 days' notice by email of changes that affect existing customers. If you do not accept them, you can terminate before they apply.

17. General

If a provision is invalid, the rest of the terms remain in force. Not enforcing a right is not a waiver of it. You may not assign the contract without our consent. Notices must be in writing, including by email to hello@optimizative.com.

Legal