Terms of Service & Privacy Policy

Terms of Service

1.1 Access and Use. During the Subscription Period and subject to the Use

Limitations, Customer may (a) access and use the Cloud Service; and (b) copy and use the included

Software and Documentation only as needed to access and use the Cloud Service, in each case, for its

internal business purposes and only if Customer complies with the terms of this Agreement.

1.2 Service Level. The Cloud Service is provided "as is" without any guarantees of uptime or availability.

There are no Service Level Agreements (SLAs) or specific remedies for downtime. We will make

reasonable efforts to inform you of planned maintenance or service disruptions.

1.3 Support. During the Subscription Period, Provider will provide technical support through

support@optiontitan.com. Response times may vary based upon Customer selected subscription level.

Refer to current subscriptions for up-to-date information.

1.4 User Accounts. Customer is responsible for all actions on Users’ accounts and for Users’

compliance with this Agreement. Customer and Permitted Users must protect the confidentiality of

their passwords and login credentials. Customer will promptly notify Provider if it suspects or knows of

any fraudulent activity with its accounts, passwords, or credentials, or if they become compromised.

1.5. Permitted Users. Passwords. Provider shall permit Customer to authorize access to the Services

and assign unique logins up to the number of Permitted Users purchased by Customer on the relevant

Order Form. Permitted Users logins and passwords are for designated Permitted Users and shall not

be shared or used by more than one Permitted User, except that Permitted User logins may be

reassigned to another Permitted User as needed during the Term. Regardless of the length of the

Term, unused or vacant Permitted User logins expire at the end of each then-current term. Customer

shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and

shall promptly notify Provider of any unauthorized access to or use of the Services and any loss, theft,

or unauthorized use of any Permitted Users password, name, or Services account number.

1.6 Feedback and Usage Data. Customer may, but is not required to, give Provider Feedback, in

which case Customer gives Feedback “AS IS”. Provider may use all Feedback freely without any

restriction or obligation. In addition, Provider may collect and analyze Usage Data, and Provider may

freely use Usage Data to maintain, improve, and enhance Provider’s products and services without

restriction or obligation.

1.7 Customer Content. Provider may copy, display, modify, and use Customer Content only as needed

to provide and maintain the Product and related offerings. Customer is responsible for the accuracy

and content of Customer Content.

2. Restrictions & Obligations

2.1 Restrictions on Customer.

a. Except as expressly permitted by this Agreement, Customer will not (and will not allow any

anyone else to): (i) reverse engineer, decompile, or attempt to discover any source code or

underlying ideas or algorithms of the Product (except to the extent Applicable Laws prohibit this

restriction); (ii) provide, sell, transfer, sublicense, lend, distribute, rent, or otherwise allow others

to access or use the Product; (iii) remove any proprietary notices or labels; (iv) copy, modify, or

create derivative works of the Product; (v) conduct security or vulnerability tests on, interfere with

the operation of, cause performance degradation of, or circumvent access restrictions of the

Product; (vi) access accounts, information, data, or portions of the Product to

which Customer does not have explicit authorization; (vii) use the Product to develop a

competing service or product; (viii) use the Product with any High Risk Activities or with activity

prohibited by Applicable Laws; (ix) use the Product to obtain unauthorized access to anyone

else’s networks or equipment; or (x) upload, submit, or otherwise make available to the Product

any Customer Content to which Customer and Users do not have the proper rights.

b. Customer’s use of the Product must comply with all Documentation and the Acceptable Use

Policy, if any.

c. Customer will not scrape data found within the platform. This provision applies to both internal

(logged in) and external data (logged out) access. Customer agrees to only use Official

Channels to access or export data found within the platform.

2.2 Suspension. If Customer (a) has an outstanding, undisputed balance on its account for more than

30 days after the Payment Period; (b) breaches Section 2.1 (Restrictions on Customer); or (c) uses the

Product in violation of the Agreement or in a way that materially and negatively impacts the Product or

others, then Provider may temporarily suspend Customer’s access to the Product with or without

notice. However, Provider will try to inform Customer before suspending Customer’s account when

practical. Provider will reinstate Customer’s access to the Product only if Customer resolves the

underlying issue.

3. Professional Services

Provider will perform the Professional Services as detailed in specific service offerings. Service

offerings can be found on Option Titan.com. Customer will reasonably cooperate with Provider to allow

the performance of Professional Services, including providing Customer Content as

needed. Provider is not responsible for any inability to perform the Professional

Services if Customer does not cooperate as reasonably requested.

4. Privacy & Security

4.1 Personal Data. Before submitting Personal Data governed by GDPR, Customer must enter into a

data processing agreement with Provider. If the parties have a DPA, the terms of the DPA will control

each party’s rights and obligations as to Personal Data and the terms of the DPA will control in the

event of any conflict with this Agreement.

4.2 Prohibited Data. Customer will not (and will not allow anyone else to) submit Prohibited Data to the

Product.

4.3 Security. Provider will comply with the Security Policy, if any.

4.4 Customer Statistics. Customer expressly acknowledges that Provider shall have the right to

monitor Customer’s use of the Services and collect and compile Customer Statistics. Provider shall

retain all right, title, and interest in and to Customer Statistics. Provider shall have the right to compile

Customer Statistics based upon Customer Data sent via, uploaded, or input into the Services. Provider

shall have the right to make use of the Customer Statistics for purposes of improving the Services,

developing new products and services, and any other internal business purpose. Customer will provide

all disclosures and obtain all consents necessary under applicable privacy and data security laws and

regulations for Provider to collect, compile, use, and disclose Customer Statistics without restriction.

4.5 Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide,

perpetual, irrevocable, transferrable, sublicensable license to exercise the copyright, publicity, and

database rights Customer has in Customer Data, and to use, copy, perform, reproduce, display and

distribute such Customer Data to prepare derivative works, or incorporate into other works, such

Customer Data, in any media now known or not currently known.

5. Payment & Taxes

5.1 Fees and Invoices. All fees are in U.S. Dollars and are exclusive of taxes. Except for the prorated

refund of prepaid fees allowed with specific termination rights, fees are non-refundable. Provider will

send invoices for fees applicable to the Product once per Invoice Period in advance starting on

the Subscription Start Date. Invoices for Professional Services may be sent monthly during

performance of the Professional Services unless otherwise specified by a contractual agreement

between Provider and Customer.

5.2 Payment. Customer will pay Provider the fees and taxes in each invoice in U.S. Dollars within

the Payment Period.

5.3 Taxes. Customer is responsible for all duties, taxes, and levies that apply to fees, including sales,

use, VAT, GST, or withholding, that Provider itemizes and includes in an invoice.

However, Customer is not responsible for Provider’s income taxes.

5.4 Payment Dispute. If Customer has a good-faith disagreement about the amounts charged on an

invoice, Customer must notify Provider about the dispute during the Payment Period for the invoice

and must pay all undisputed amounts on time. The parties will work together to resolve the dispute

within 15 days after the end of the Payment Period. If no resolution is agreed, each party may pursue

any remedies available under the Agreement or Applicable Laws.

6. Term & Termination

6.1 Subscription Period. Each Order Form will start on the Subscription Start Date, continue for

the Subscription Period, and automatically renew for additional Subscription Periods unless one

party gives notice of non-renewal to the other party before the Non-Renewal Notice Date.

6.2 Agreement Term. This Agreement will start on the Effective Date and continue for the longer of one

year or until all Subscription Periods have ended.

6.3 Termination. Either party may terminate this Agreement if the other party (a) fails to cure a material

breach of the Agreement within 30 days after receiving notice of the breach; (b) materially breaches the

Agreement in a manner that cannot be cured; (c) dissolves or stops conducting business without a

successor; (d) makes an assignment for the benefit of creditors; or (e) becomes the debtor in

insolvency, receivership, or bankruptcy proceedings that continue for more than 60 days. In addition,

either party may terminate an affected Order Form if a Force Majeure Event prevents the Product from

materially operating for 30 or more consecutive days, and Provider will pay to Customer a prorated

refund of prepaid fees for the remainder of the Subscription Period. A party must notify the other of its

reason for termination.

6.4 Effect of Termination. Termination of the Agreement will automatically terminate all Order Forms.

Upon expiration or termination:

a. Customer will no longer have any right to use the Product, Technical Support, or Professional

Services.

b. Each Recipient will return or destroy Discloser’s Confidential Information in its possession or

control.

c. Provider will submit a final invoice for all outstanding fees accrued before termination

and Customer will pay the invoice according to Section 5 (Payment & Taxes).

6.5 Survival.

d. The following sections will survive expiration or termination of the Agreement: Section 1.6

(Feedback and Usage Data), Section 2.1 (Restrictions on Customer), Section 5 (Payment &

Taxes) for fees accrued or payable before expiration or termination, Section 6.4 (Effect of

Termination), Section 6.5 (Survival), Section 7 (Representations & Warranties), Section 8

(Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification),

Section 11 (Reservation of Rights), Section 12 (General Terms) and Section 13 (Definitions).

e. Each Recipient may retain Discloser’s Confidential Information in accordance with its standard

backup or record retention policies maintained in the ordinary course of business or as required

by Applicable Laws, in which case Section 4 (Privacy & Security) will continue to apply to

retained Confidential Information.

7. Representations & Warranties

7.1 Mutual. Each party represents and warrants to the other that: (a) it has the legal power and authority

to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under the

Applicable Laws of the jurisdiction of its origin; (c) it will comply with all Applicable Laws in performing

its obligations or exercising its rights in this Agreement.

7.2 From Customer. Customer represents and warrants that it, all Users, and anyone submitting

Customer Content each have and will continue to have all rights necessary to submit or make available

Customer Content to the Product and to allow the use of Customer Content as described in the

Agreement.

7.3 Provider Warranty Remedy. If Provider breaches a warranty in Section

7.4, Customer must give Provider notice (with enough detail for Provider to understand or replicate

the issue) within 45 days of discovering the issue. Within 45 days of receiving sufficient details of the

warranty issue, Provider will attempt to restore the general functionality of the Cloud Service or

reperform the Professional Services. If Provider cannot resolve the issue, Customer may terminate

the affected Order Form and Provider will pay to Customer a prorated refund of prepaid fees for the

remainder of the Subscription Period. Provider’s restoration and reperformance obligations,

and Customer’s termination right, are Customer’s only remedies if Provider does not meet the

warranties in Section 7.3.

7.5 Customer acknowledge and agree that Provider provides access to data and content through the

platform as a service to Customer. While we strive to provide accurate and up-to-date information,

Provider makes no representations or warranties regarding the reliability, accuracy, or completeness of

the data found within the platform. Customer and any affiliated parties assume full responsibility for the

use of any data obtained from our platform and any decisions based on such data. Provider shall not

be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in

connection with the use of the platform or the data contained therein. This includes, but is not limited to,

damages for loss of profits, goodwill, use, data, or other intangible losses, even if Provider has been

advised of the possibility of such damages. The Customer expressly agrees that the use of the

platform and reliance on any data found within is at the Customer’s sole risk.

8. Disclaimer of Warranties

Provider makes no guarantees that the Product will always be safe, secure, or error-free, or that it will

function without disruptions, delays, or imperfections. The warranties in Section 7.3 do not apply to any

misuse or unauthorized modification of the Product, nor to any product or service provided by anyone

other than Provider. Except for the warranties in Section 7, Provider and Customer each disclaim all

other warranties, whether express or implied, including the implied warranties of

merchantability, fitness for a particular purpose, title, and non-infringement. These disclaimers

apply to the maximum extent permitted by Applicable Laws.

9. Limitation of Liability

9.1 Liability Caps. If there are Increased Claims, each party’s total cumulative liability for

the Increased Claims arising out of or relating to this Agreement will not be more than

the Increased Cap Amount. Each party’s total cumulative liability for all other claims arising out

of or relating to this Agreement will not be more than the General Cap Amount.

9.2 Damages Waiver. Each party’s liability for any claim or liability arising out of or relating to this

Agreement will be limited to the fullest extent permitted by Applicable Laws. Under no

circumstances will either party be liable to the other for lost profits or revenues, or for

consequential, special, indirect, exemplary, punitive, or incidental damages relating to this

Agreement, even if the party is informed of the possibility of this type of damage in advance.

9.3 Exceptions. The liability caps in Section 9.1 and the damages waiver in Section 9.2 do not apply to

any Unlimited Claims. The damages waiver in Section 9.2 does not apply to any Increased Claims.

10. Indemnification

10.1 Protection by Provider. Provider will indemnify, defend, and hold harmless Customer from and

against all Provider Covered Claims made by someone other than Customer, Customer’s Affiliates,

or Users, and all out-of-pocket damages, awards, settlements, costs, and expenses, including

reasonable attorneys’ fees and other legal expenses, that arise from the Provider Covered Claim.

10.2 Protection by Customer. Customer will indemnify, defend, and hold harmless Provider from and

against all Customer Covered Claims made by someone other than Provider or its Affiliates, and all

out-of-pocket damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees

and other legal expenses, that arise from the Customer Covered Claim.

10.3 Procedure. The Indemnifying Party’s obligations in this section are contingent upon the Protected

Party: (a) promptly notifying the Indemnifying Party of each Covered Claim for which it seeks protection;

(b) providing reasonable assistance to the Indemnifying Party at the Indemnifying Party’s expense; and

(c) giving the Indemnifying Party sole control over the defense and settlement of each Covered Claim. A

Protected Party may participate in a Covered Claim for which it seeks protection with its own attorneys

only at its own expense. The Indemnifying Party may not agree to any settlement of a Covered Claim

that contains an admission of fault or otherwise materially and adversely impacts the Protected Party

without the prior written consent of the Protected Party.

10.4 Changes to Product. If required by settlement or court order, or if deemed reasonably necessary in

response to a Provider Covered Claim, Provider may: (a) obtain the right for Customer to continue

using the Product; (b) replace or modify the affected component of the Product without materially

reducing the general functionality of the Product; or (c) if neither (a) nor (b) are reasonable, terminate

the affected Order Form and issue a pro-rated refund of prepaid fees for the remainder of

the Subscription Period.

10.5 Exclusions.

a. Provider’s obligations as an Indemnifying Party will not apply to Provider Covered Claims that

result from (i) modifications to the Product that were not authorized by Provider or that were

made in compliance with Customer’s instructions; (ii) unauthorized use of the Product, including

use in violation of this Agreement; (iii) use of the Product in combination with items not provided

by Provider; or (iv) use of an old version of the Product where a newer release would avoid

the Provider Covered Claim.

b. Customer’s obligations as an Indemnifying Party will not apply to Customer Covered

Claims that result from the unauthorized use of the Customer Content, including use in violation

of this Agreement.

10.6 Exclusive Remedy. This Section 10 (Indemnification), together with any termination rights,

describes each Protected Party’s exclusive remedy and each Indemnifying Party’s entire liability for a

Covered Claim.

11. Reservation of Rights

Except for the limited license to copy and use Software and Documentation in Section 1.1 (Access and

Use), Provider retains all right, title, and interest in and to the Product, whether developed before or

after the Effective Date. Except for the limited rights in Section 1.7 (Customer

Content), Customer retains all right, title, and interest in and to the Customer Content.

12. General Terms

12.1 Entire Agreement. This Agreement is the only agreement between the parties about its subject and

this Agreement supersedes all prior or contemporaneous statements (whether in writing or not) about

its subject. Provider expressly rejects any terms included in Customer’s purchase order or similar

document, which may only be used for accounting or administrative purposes.

12.2 Modifications, Severability, and Waiver. Provider reserves the right to modify this agreement at

any time. Provider will notify Customer of changes using the contact information acquired at

registration. If any term of this Agreement is determined to be invalid or unenforceable by a relevant

court or governing body, the remaining terms of this Agreement will remain in full force and effect. The

failure of a party to enforce a term or to exercise an option or right in this Agreement will not constitute a

waiver by that party of the term, option, or right.

12.3 Governing Law and Chosen Courts. The Governing Law will govern all interpretations and

disputes about this Agreement, without regard to its conflict of laws provisions. The parties will bring

any legal suit, action, or proceeding about this Agreement in the Chosen Courts and each party

irrevocably submits to the exclusive jurisdiction of the Chosen Courts.

12.4 Injunctive Relief. Despite Section 12.3 (Governing Law and Chosen Courts), the violation of a

party’s intellectual property rights may cause irreparable harm for which monetary damages cannot

adequately compensate. As a result, upon the actual violation of a party’s intellectual property rights,

the non-breaching or non-violating party may seek appropriate equitable relief, including an injunction,

in any court of competent jurisdiction without the need to post a bond and without limiting its other rights

or remedies.

12.5 Non-Exhaustive Remedies. Except where the Agreement provides for an exclusive remedy,

seeking or exercising a remedy does not limit the other rights or remedies available to a party.

12.6 Assignment. Neither party may assign any rights or obligations under this Agreement without the

prior written consent of the other party. However, either party may assign this Agreement upon notice if

the assigning party undergoes a merger, change of control, reorganization, or sale of all or substantially

all its equity, business, or assets to which this Agreement relates. Any attempted but non-permitted

assignment is void. This Agreement will be binding upon and inure to the benefit of the parties and their

permitted successors and assigns.

12.7 No Publicity. Neither party may publicly announce the existence of this Agreement without the prior

written approval of the other party.

12.8 Notices. Any notice, request, or approval about the Agreement must be in writing and sent to

the Notice Address. Notices will be deemed given (a) upon confirmed delivery if by email, registered or

certified mail, or personal delivery; or (b) two days after mailing if by overnight commercial delivery.

12.9 Independent Contractors. The parties are independent contractors, not agents, partners, or joint

venturers. Neither party is authorized to bind the other to any liability or obligation.

12.10 No Third-Party Beneficiary. There are no third-party beneficiaries of this Agreement.

12.11 Force Majeure. Neither party will be liable for a delay or failure to perform its obligations of this

Agreement if caused by a Force Majeure Event. However, this section does not

excuse Customer’s obligations to pay fees.

12.12 Export Controls. Customer may not remove or export from the United States or allow the export

or re-export of the Product or any related technology or materials in violation of any restrictions, laws, or

regulations of the United States Department of Commerce, the United States Department of Treasury

Office of Foreign Assets Control, or any other United States or foreign agency or authority.

12.13 Anti-Bribery. Neither party will take any action that would be a violation of any Applicable Laws

that prohibit the offering, giving, promising to offer or give, or receiving, directly or indirectly, money or

anything of value to any third party to assist Provider or Customer in retaining or obtaining business.

Examples of these kinds of laws include the U.S. Foreign Corrupt Practices Act and the UK Bribery Act

2010.

12.14 Titles and Interpretation. Section titles are for convenience and reference only. All uses of

“including” and similar phrases are non-exhaustive and without limitation. The United Nations

Convention for the International Sale of Goods and the Uniform Computer Information Transaction Act

do not apply to this Agreement.

12.15 Signature. This Agreement may be signed in counterparts, including by electronic copies or

acceptance mechanism. Each copy will be deemed an original and all copies, when taken together, will

be the same agreement.

13. Definitions

13.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under

common control with a party, where control means having more than fifty percent (50%) of the voting

stock or other ownership interest.

13.2 “Agreement” means these Standard Terms, together with the Cover Pages

between Provider and Customer that include or reference a single set of Key Terms and the policies

and documents referenced in or attached to those Cover Pages.

13.3 “Applicable Data Protection Laws” means the Applicable Laws that govern how the Cloud

Service may process or use an individual’s personal information, personal data, personally identifiable

information, or other similar term.

13.4 “Applicable Laws” means the laws, rules, regulations, court orders, and other binding

requirements of a relevant government authority that apply to or govern Provider or Customer.

13.5 “Cloud Service” means the product described in an Order Form.

13.6 “Confidential Information” means information in any form disclosed by or on behalf of a

Discloser, including before the Effective Date, to a Recipient in connection with this Agreement that (a)

the Discloser identifies as “confidential”, “proprietary”, or the like; or (b) should be reasonably

understood as confidential or proprietary due to its nature and the circumstances of its disclosure.

Confidential Information includes the existence of this Agreement and the information on each Cover

Page. Customer’s Confidential Information includes non-public Customer Content

and Provider’s Confidential Information includes non-public information about the Product.

13.7 “Cover Page” means a document that is signed or electronically accepted by the parties that

incorporates these Standard Terms, identifies Provider and Customer, and may include an Order

Form, Key Terms, or both.

13.8 “Covered Claim” means either a Provider Covered Claim or Customer Covered Claim.

13.9 “Customer Content” means data, information, or materials submitted by or on behalf

of Customer or Users to the Product, but excludes Feedback.

13.10 “Discloser” means a party to this Agreement when the party is providing or disclosing

Confidential Information to the other party.

13.11 “Documentation” means the usage manuals and instructional materials for the Cloud Service or

Software that are made available by Provider.

13.12 “Feedback” means suggestions, feedback, or comments about the Product or related offerings.

13.13 “Force Majeure Event” means an unforeseen event outside a party’s reasonable control where

the affected party took reasonable measures to avoid or mitigate the impacts of the event. Examples of

these kinds of events include unpredicted natural disaster like a major earthquake, war, pandemic, riot,

act of terrorism, or public utility or internet failure.

13.14 “GDPR” means European Union Regulation 2016/679 as implemented by local law in the

relevant European Union member nation, and by section 3 of the United Kingdom’s European Union

(Withdrawal) Act of 2018 in the United Kingdom.

13.15 “High Risk Activity” means any situation where the use or failure of the Product could be

reasonably expected to lead to death, bodily injury, or environmental damage. Examples include full or

partial autonomous vehicle technology, medical life-support technology, emergency response services,

nuclear facilities operation, and air traffic control.

13.16 “Indemnifying Party” means a party to this Agreement when the party is providing protection for

a particular Covered Claim.

13.17 “Key Terms” means the portion of a Cover Page that includes the key legal details and

definitions for this Agreement that are not defined in the Standard Terms. The Key Terms may include

details about Covered Claims, set the Governing Law, or contain other details about this Agreement.

13.18 “Order Form” means the portion of a Cover Page that includes the key business details and

definitions for this Agreement that are not defined in the Standard Terms. An Order Form may include

details about the level of access and use granted to the Cloud Service, nature and timing

of Professional Services, extent of Technical Support, or other details about the Product.

13.19 “Personal Data” will have the meaning(s) set forth in the Applicable Data Protection Laws for

personal information, personal data, personally identifiable information, or other similar term.

13.20 “Product” means the Cloud Service, Software, and Documentation.

13.21 “Prohibited Data” means (a) patient, medical, or other protected health information regulated by

the Health Insurance Portability and Accountability Act; (b) credit, debit, bank account, or other financial

account numbers; (c) social security numbers, driver’s license numbers, or other unique and private

government ID numbers; (d) special categories of data as defined in the GDPR; and (e) other similar

categories of sensitive information as set forth in the Applicable Data Protection Laws.

13.22 “Protected Party” means a party to this Agreement when the party is receiving the benefit of

protection for a particular Covered Claim.

13.23 “Recipient” means a party to this Agreement when the party receives Confidential Information

from the other party.

13.24 “Software” means the client-side software or applications made available

by Provider for Customer to install, download (whether onto a machine or in a browser), or execute as

part of the Product.

13.25 “Usage Data” means data and information about the provision, use, and performance of the

Product and related offerings based on Customer’s or User’s use of the Product.

13.26 “User” means any individual who uses the Product on Customer’s behalf or

through Customer’s account.

13.27 “Customer” means any individual who makes use of, subscribes, or interacts with

Provider services.

13.28 “Provider” means Option Titan, INC or its subsidiaries.

13.29 “Subscription Period” means the Customer selected length of time in which they have agreed

to pay for Provider services. This period is selected by the Customer at the time of subscription or

contract agreement.

13.30 “Permitted User” shall mean Customer and any individual who is authorized by Customer to

use the Services pursuant to this agreement; who is included in the number of users listed on the

relevant Order Form; to whom Customer (or, when applicable, Provider at Customer’s request) has

supplied separate and specific login credentials (for Services utilizing authentication); or to whom

Customer has supplied or directed any other access or use of Services in accordance with the terms of

this Agreement. Permitted User’s may include, for example, Customer’s employees, consultants,

contractors, agents, and third parties with whom the Customer transacts business.

13.31 “Official Channels” means any Provider approved methods of accessing or exporting data.

Official Channels are any methods in which the user is appropriately being charged. This includes but

is not limited to API access, export functionality from within the application itself. Provider may create

additional Official Channels as outlined in specific contracts.

13.32 “DPA” Data processing agreement.

13.33 “Effective Date” shall be the date in which the Customer began using Provider services.

13.34 “Governing Law” The laws of Delaware.

13.35 “Chosen Courts” The courts (whether state, federal, or otherwise) located in Delaware.

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Privacy Policy

We understand that privacy is important to your success and your trust is crucial to our business. We will clearly inform you about how your data will be used and protected. This is our privacy policy, our terms of service covers your use and access to our services. Types of data we collect and why: 

Device Information: Upon visiting this website, we automatically collect data regarding your device, including your web browser, IP address, time zone, and cookies installed on your device. This information is used to verify it’s you and keep your information safe. This information is also use for analytical purposes and feature enhancement. 

Contact Information: We collect your basic contact information including your name and email to maintain your Option Titan account. We collect your phone number and address so that you may send mail through Option Titan. Your address and phone number required for your outgoing mail return address. This information is also use for analytical purposes and feature enhancement. 

 Usage Information: We gather data on the specic pages you view, the websites or search terms that led you here, and your interaction with the website. We also collect information about the searches you save so that we can perform automated marketing on your behalf. This is a particularly important area of privacy to many of our customers. You own the information about your saved searches. This information may also be used for analytical purposes and feature enhancement. 

Order Information: When making a purchase, we or our third parties who process payments on our behalf will collect pertinent details including your name, billing and shipping addresses, payment information, email address, and phone number. This information is also use for analytical purposes and feature enhancement. Methodologies for Information Collection 

Cookies: Data les are placed on your device to help in data collection. For more information, please refer to All About Cookies (http://www.allaboutcookies.org). 

 Log Files: These les track actions occurring on the site and collect various data including your IP address, browser type, and timestamp.

 Web Beacons: Electronic les used to record browsing information. Third-Party Partners: Your information is shared to assist us in utilizing it effectively. 

 Payment Processors (Stripe): By registering and paying for Option Titan, you are providing information to a third-party payment processor. They will hold this data and some account information to manage your subscription. Please visit Stripe Privacy Center for more information: Stripe Privacy Center 

Legal Obligations: We may disclose information to comply with laws and regulations or protect our rights. Do Not Track We do not modify our data collection practices upon receiving a Do Not Track signal from your browser. European Residents’ Rights If you reside in Europe, you have the right to access, modify, or delete your personal information. Please contact us for such requests. Data Retention Policy We retain your Order Information, saved searches, and other general account analytical features until you request its deletion. Usage by Minors This website is not intended for use by individuals under the age of 18. Changes to this Privacy Policy 

We reserve the right to periodically update this Policy. We encourage you to review this Policy periodically. We will use commercially reasonable efforts to alert you when material changes have been made to this Policy by email. 

Your continued use of Option Titan LLC. following such notice constitutes your consent to any changes in the Policy as in effect on the date of such use. Contact Information For inquiries or complaints, please contact us via email at support@optiontitan.com 

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