Terms of Service

Last updated: January 9, 2025

These Terms of Service ("Terms") govern your access to and use of the services, website, and applications (collectively, the "Services") provided by Opactor, Inc. ("Opactor," "we," "us," or "our"), operating the Anymorph service, a Delaware corporation with its principal place of business in California, United States.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By accessing and using Opactor's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to update or modify these Terms at any time. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

2. Description of Services

Opactor provides Anymorph, an AI-powered platform for automated website page generation, optimization, and management focused on GEO (Generative Engine Optimization). Our Services include:

  • Automated page generation based on your brand guidelines and content strategy
  • GEO and SEO optimization for visibility on search engines and AI platforms
  • A/B testing and performance monitoring
  • Domain configuration and SSL certificate management
  • Analytics, reporting, and optimization recommendations
  • Integration with third-party services (Google Analytics, Search Console, GitHub, etc.)

We may update, modify, or discontinue any aspect of the Services at any time. We will provide reasonable notice of any material changes that may affect your use of the Services.

3. User Accounts

3.1 Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access to your account
  • Be responsible for all activities that occur under your account

3.2 Account Requirements

You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspected fraudulent activity, or any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Infringe on intellectual property rights of Opactor or others
  • Upload, transmit, or distribute malware, viruses, or harmful code
  • Engage in fraudulent, deceptive, or misleading practices
  • Harass, abuse, threaten, or harm others
  • Generate content that is illegal, defamatory, obscene, or harmful
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of our Services
  • Reverse engineer, decompile, or disassemble any aspect of our Services
  • Use automated means to access the Services without our express permission
  • Resell or redistribute our Services without authorization

5. Your Content

5.1 Content Ownership

You retain all ownership rights to the content, brand assets, and materials you provide to us ("Your Content"). By uploading Your Content to our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing and improving our Services.

5.2 Content Responsibility

You are solely responsible for Your Content and represent and warrant that:

  • You own or have the necessary rights to use and authorize use of Your Content
  • Your Content does not violate any third-party rights
  • Your Content complies with all applicable laws and regulations
  • Your Content is accurate and not misleading

5.3 Generated Content

Content generated by our AI-powered Services ("Generated Content") is created based on Your Content and instructions. You own the Generated Content, subject to any underlying intellectual property rights. However, we do not guarantee that Generated Content will be unique, non-infringing, or suitable for any particular purpose.

6. Intellectual Property

6.1 Our Property

The Services, including all software, algorithms, designs, text, graphics, logos, icons, and other materials (excluding Your Content), are owned by Opactor or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

6.2 Trademarks

"Anymorph" and our logos are trademarks of Opactor, Inc. You may not use our trademarks without our prior written permission.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation to you.

7. Third-Party Services

7.1 Integrations

Our Services may integrate with third-party services, including but not limited to Google (Analytics, Search Console, OAuth), GitHub, and other platforms. Your use of these third-party services is subject to their respective terms of service and privacy policies.

7.2 Google Services

If you connect Google services to your Anymorph account, you acknowledge that:

7.3 Disclaimer

We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk.

8. Payment Terms

8.1 Fees and Billing

Certain features of our Services require payment. By subscribing to paid Services:

  • Fees are billed in advance on a monthly or annual basis as specified at the time of purchase
  • All fees are quoted and payable in U.S. dollars unless otherwise specified
  • You authorize us to charge your payment method automatically for recurring subscriptions
  • Fees are non-refundable except as required by law or as explicitly stated in these Terms

8.2 Price Changes

We may change our prices at any time. Price changes will be communicated at least 30 days in advance and will apply to subsequent billing cycles.

8.3 Taxes

Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for paying any taxes associated with your use of the Services.

8.4 Failure to Pay

If payment fails or is overdue, we may suspend or terminate your access to paid features. You remain responsible for all outstanding fees.

9. Service Level and Support

9.1 Service Availability

We strive to provide reliable Services with 99.9% uptime for production services. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance will be communicated in advance when possible.

9.2 Support

Support levels vary based on your subscription plan. Details of support availability are provided in your service agreement or plan description.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

  • The Services will meet your specific requirements or expectations
  • The Services will be uninterrupted, timely, secure, or error-free
  • Results obtained from the Services will be accurate or reliable
  • Generated Content will achieve specific SEO/GEO rankings or traffic results
  • The Services will be compatible with all third-party services

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPACTOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Opactor, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Termination

13.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us at support@anymorph.ai. For paid subscriptions, cancellation will be effective at the end of the current billing period.

13.2 Termination by Us

We may suspend or terminate your access to the Services:

  • Immediately for material breach of these Terms
  • Immediately for violation of acceptable use policies
  • With 30 days notice for convenience
  • Immediately if required by law

13.3 Effect of Termination

Upon termination, your right to access the Services will cease immediately. You may request a copy of Your Content within 30 days of termination. We will delete Your Content within 90 days after termination unless retention is required by law.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@anymorph.ai to attempt to resolve the dispute informally. We will try to resolve the dispute within 60 days.

14.2 Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be conducted in English in Wilmington, Delaware. The arbitrator's decision will be final and binding.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, the state and federal courts located in Delaware shall have exclusive jurisdiction.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Opactor regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

17. Contact Information

For questions about these Terms of Service, please contact us:

Opactor, Inc.

Email: legal@anymorph.ai

General Inquiries: contact@anymorph.ai