This Agency Agreement (“Agreement”) is entered into between Optimyzee, INC. (“Optimyzee”, “we”, “us”, or “our”) and the agency (“Agency”, “you”, or “your”), collectively referred to as the “Parties.”
By subscribing to Optimyzee’s services, the Agency agrees to the following terms:
1. Scope of Services
1.1. Optimyzee provides tools and automation for the management, optimization, and reporting of digital advertising campaigns.
1.2. The Agency may use Optimyzee’s platform and services to manage advertising campaigns for its clients.
1.3. Optimyzee does not guarantee specific results, as campaign performance depends on factors beyond our control, including but not limited to market conditions, competition, audience behavior, and platform algorithms.
2. Ownership of Work & Intellectual Property
2.1. All strategies, templates, reports, and optimizations created by Optimyzee, even if they are customized for the Agency or its clients, remain the sole property of Optimyzee.
2.2. The Agency has a limited, non-exclusive, non-transferable right to use the outputs generated by Optimyzee for its campaigns during an active subscription period.
2.3. The Agency may not claim ownership, resell, redistribute, or modify Optimyzee’s proprietary tools, templates, or methodologies.
3. Confidentiality & Data Protection
3.1. Both Parties agree to keep confidential any non-public business information shared during the collaboration.
3.2. Optimyzee will not disclose, share, or use Agency’s client data for any purpose other than delivering agreed-upon services.
3.3. The Agency is responsible for ensuring that its clients understand and accept the use of Optimyzee’s tools within their campaigns.
4. Fees & Payment Terms
4.1. The Agency agrees to pay the subscription fees as per the selected plan on the Optimyzee pricing page.
4.2. Non-payment for 14 days after the due date will result in automatic termination of this Agreement.
4.3. Payments are non-refundable, unless otherwise agreed in writing.
5. Limitations of Liability
5.1. Optimyzee is not liable for any direct or indirect losses arising from the Agency’s use of our platform, including but not limited to lost revenue, decreased ad performance, or misconfigured campaigns.
5.2. There are no penalties, fines, or punitive damages in this Agreement. Any disputes will be resolved through direct negotiation or legal channels if necessary.
6. Termination & Cancellation
6.1. The Agreement remains in effect for the duration of the paid subscription period.
6.2. Either Party may terminate this Agreement at any time with written notice. However, Optimyzee will not issue refunds for unused subscription periods.
6.3. If the Agency fails to make payment within 14 days, the Agreement is automatically terminated, and access to Optimyzee services will be revoked.
7. General Provisions
7.1. This Agreement does not create an employer-employee relationship, joint venture, or partnership between Optimyzee and the Agency.
7.2. Optimyzee reserves the right to update this Agreement at any time. The Agency will be notified of any significant changes.
7.3. This Agreement is governed by the laws of state Delaware, USA.
8. Acceptance of Terms
By subscribing to Optimyzee’s services, the Agency acknowledges that it has read, understood, and agreed to these terms.
For any questions, contact us at support@optimyzee.com.