Terms of Service.
Optimator AI.

01Agreement

Agreement

These Terms of Service ("Terms") govern your access to and use of the Optimator AI website (optimator.ai and related domains), applications, signup flows, and all services, software, and deliverables we provide (collectively, the "Services"). The Services are provided by OPTIMATOR SRL, a company incorporated under the laws of Romania, with registered office at Str. Nerva Traian 27-33, Sc. B, Et. 1, Ap. BIR. 6, Sector 3, Bucharest, Romania, Trade Register No. J2025062435003, CUI 52353277, represented by Eusebiu Ionescu Marian, Administrator ("Optimator," "Provider," "we," "us," or "our").

By accessing or using the Services, submitting a signup form, starting a free trial, or clicking Submit where these Terms are referenced, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

These Terms, together with our Privacy Policy and any written statement of work, order form, or subscription agreement signed for a specific engagement (each, an "Engagement Agreement"), govern the Services. If an Engagement Agreement conflicts with these Terms, the Engagement Agreement controls for that engagement only.

The Services are offered solely to businesses, organizations, and professionals acting for purposes related to their trade or profession (business-to-business). The Services are not directed to or intended for consumers acting outside their trade, business, or profession. By using the Services, you represent that you are acting in a business capacity, and you agree that consumer-protection rules that would otherwise apply to a consumer transaction do not apply to your use of the Services, except where such rules apply mandatorily.

You acknowledge that you have not relied on any statement, demo, sales call, proposal, case study, testimonial, or marketing material that is not expressly included in these Terms or your Engagement Agreement. Optimator personnel cannot bind Optimator to terms, warranties, or performance guarantees not set out in writing and signed by the Administrator of OPTIMATOR SRL or an expressly authorized representative. Website copy, trials, demos, and case studies are illustrative only—not guarantees of future results.

We may update these Terms from time to time. The current version is always published at this URL with the last-updated date shown above. For minor or non-material changes, continued use of the Services after the revised Terms are posted constitutes acceptance. For material changes, we will give reasonable advance notice (for example, by email to active clients or an in-product notice) and, where required by law, obtain your active acceptance; if you do not agree to a material change, you may stop using the Services and cancel in accordance with Section 10 without penalty for the unused portion attributable to the change.

02Definitions

Definitions

In these Terms:

• —"Client," "Customer," or "you" means the individual or legal entity using the Services or entering into an engagement with Optimator.
• —"User" means any person who accesses the Services under a Client account, including employees and contractors of the Client.
• —"AI agents," "agents," or "automations" means software workflows, integrations, prompts, and configurations we design, deploy, or operate on your behalf.
• —"Service Partners" or "Operators" means human personnel—including back-office staff, coordinators, and specialists—and independent contractors, agencies, or companies that Optimator engages to perform tasks for Clients under Optimator's managed or done-for-you services. Service Partners are not employees of Optimator or of Client.
• —"Assistant Work" means tasks, messages, bookings, follow-ups, reports, and other operational work performed by Service Partners, Operators, or AI agents on your behalf.
• —"Assistant Issues" means any problem arising from Assistant Work, including errors, delays, omissions, negligence, unavailability, or failure to meet expectations.
• —"Free Trial" means any period during which Services are provided without charge, as described on our website or in your onboarding materials (including our 30-day trial offer where applicable).
• —"Fees" means all amounts payable for Services, including subscriptions, setup fees, usage charges, and any taxes.
• —"Data Processing Agreement" or "DPA" means the written data-processing terms governing Optimator's processing of personal data on your behalf when you act as data controller, which apply automatically where required by applicable data-protection law (such as GDPR Article 28) before such processing begins.

03Services & license

Services & license

Optimator designs, builds, configures, and operates AI-native automation systems for businesses—primarily tour operators, hotels, hospitality businesses, and related operators. Services may include managed AI agent teams, Service Partners and done-for-you back-office operations, custom implementations, training, consulting, community programs, and related support.

Subject to your compliance with these Terms and payment of applicable Fees, Optimator grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during the term of your engagement.

You may not resell, sublicense, scrape, reverse engineer, or create derivative works from the Services or our proprietary materials except as expressly permitted in writing. All rights not expressly granted are reserved by Optimator.

Optimator is a technology and services provider. We do not guarantee specific business outcomes (such as revenue, bookings, rankings, or cost savings). Results depend on your data, market, integrations, team adoption, third-party platforms, and factors outside our control.

04Service partners & done-for-you team

Service partners & done-for-you team

Some Services combine AI agents with human Service Partners and Operators who execute inbox management, OTA coordination, sales follow-up, reporting, and other back-office work. Service Partners may be assigned, trained, and coordinated by Optimator.

Optimator is a technology and managed-services provider. We supply the platform, workflows, tooling, training, and coordination layer through which you access AI agents and, where included in your plan, Service Partners. Service Partners are engaged as independent contractors and are not employees of Optimator or of you.

At no time is Optimator an employer, co-employer, joint employer, principal, partner, franchisor, or agent of you or your business, and no fiduciary, agency, joint venture, or partnership relationship exists between you and Optimator. While Optimator coordinates and manages the delivery of Assistant Work, Optimator's coordination role does not, by itself, make Optimator responsible for the independent acts or omissions of any Service Partner or Operator, except to the extent applicable law makes a principal responsible for those acting under its direction. Any such liability remains subject to Section 20.

Optimator does not monitor, investigate, or guarantee the honesty, financial responsibility, background, skill, or quality of any Service Partner or Operator. Onboarding or sales descriptions of matching, quality control, or supervision are process goals only—not warranties.

You are solely responsible for due diligence before entrusting Service Partners or automations with tasks, credentials, funds, guest communications, or system access, and for supervising, approving, and monitoring work that affects guests, payments, or sensitive data. Assistant Work may be incomplete, delayed, or incorrect.

To the maximum extent permitted by law, Optimator is not liable for Assistant Issues or for any act or omission of any Service Partner, Operator, or AI agent—including acts taken outside the scope of the work assigned, unauthorized acts, or independent misconduct. This does not exclude or limit liability that cannot be excluded under applicable law, including Optimator's own fraud, gross negligence, or willful misconduct; any such residual liability remains subject to the cap in Section 20.

Raise conduct or performance concerns to support@optimator.ai for review under your Engagement Agreement. Optimator will act in good faith to investigate and remediate but does not guarantee recovery of losses caused by a Service Partner or third party.

If you grant Service Partners, Operators, or Optimator personnel access to your systems, you are fully responsible for granting, limiting, and revoking that access. Optimator is not liable for events in your systems resulting from access you provided or failed to remove.

You must pay for Services only through Optimator's approved billing methods. Direct payments, tips, gifts, or side arrangements with Service Partners are prohibited unless Optimator expressly approves them in writing.

During your engagement and for sixty (60) months after it ends, you may not solicit, hire, or contract directly with any Service Partner introduced through the Services to perform work of the kind Optimator was hired to provide, without Optimator's prior written consent or a buyout fee stated in your Engagement Agreement. Breach may result in injunctive relief and recovery of damages.

Quality checks, training, and customer success support facilitate delivery—they do not create a guaranteed performance standard or a duty to supervise every action taken by Service Partners or agents.

05Eligibility

Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. The Services are not intended for persons under 18.

The Services are for business use only. You represent that you are using the Services for purposes related to your trade, business, or profession, and not as a consumer. If you use the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

You represent that your use of the Services complies with all applicable laws, including data-protection, anti-spam, and platform rules that apply to your business and jurisdiction.

06Accounts & security

Accounts & security

You are responsible for maintaining the confidentiality of credentials, API keys, and access tokens associated with your account and integrations. You accept responsibility for activity under your account unless caused by our gross negligence or willful misconduct.

Notify us promptly at support@optimator.ai if you suspect unauthorized access. Optimator is not liable for unauthorized use of your account resulting from your failure to safeguard credentials or from events outside our reasonable control (including third-party breaches).

07Acceptable use

Acceptable use

You agree not to:

• —Use the Services for unlawful, fraudulent, deceptive, or harmful purposes.
• —Send spam, unsolicited bulk messages, or communications that violate the GDPR, the ePrivacy Directive, or other applicable anti-spam and electronic-marketing laws.
• —Attempt to probe, scan, disrupt, or compromise the integrity or security of the Services or connected systems.
• —Upload malware or use the Services to infringe intellectual property or privacy rights of others.
• —Misrepresent your identity, business, or authorization, or engage in fraud, impersonation, or other deceptive conduct.
• —Initiate chargebacks or payment disputes in bad faith or without following Section 13.
• —Copy, resell, or publicly disclose confidential parts of the Services without our written consent.

08Free trial

Free trial

From time to time, Optimator may offer a Free Trial (including a 30-day trial as described on our website or signup pages). A Free Trial lets you evaluate Services without payment card details where explicitly stated.

Free Trials are offered at our discretion. We may modify, shorten, suspend, or terminate a Free Trial at any time. Trial access may be limited in scope, volume, or features compared to paid plans.

Unless otherwise agreed in writing, at the end of a Free Trial you must enter a paid engagement to continue using production Services, or we may deactivate agents, integrations, and access.

At the end of the Free Trial, continued service is billed at the monthly fee confirmed in your order. No charge applies unless you choose to proceed.

09Fees, billing & payment

Fees, billing & payment

Paid Services are billed according to the pricing, plan, or Engagement Agreement presented at signup or confirmed in writing. Subscriptions renew automatically for successive billing periods unless cancelled per these Terms or your Engagement Agreement.

You authorize Optimator (and our payment processors) to charge your chosen payment method for Fees when due. You are responsible for applicable taxes unless we state otherwise.

Late or failed payments may result in suspension of Services after reasonable notice. You remain liable for Fees accrued during any suspension period where Services were available or resources were reserved for you.

Except where required by applicable law or expressly stated in an Engagement Agreement, Fees are non-refundable. If you believe you were billed in error, contact us within 14 days of the charge with details. We will investigate in good faith. Chargebacks and payment disputes are handled under Section 13.

10Cancellation

Cancellation

You may cancel a subscription by written notice to support@optimator.ai or as described in your Engagement Agreement. Cancellation takes effect at the end of the current billing period unless otherwise stated.

We may require reasonable notice (typically at least 10 calendar days before your next renewal date) to process cancellation and avoid the next billing cycle. If notice is not received in time, you may be charged for the upcoming period in accordance with your plan.

If your plan includes dedicated Service Partners or Operators, that capacity is reserved exclusively for you and carries committed costs on our side. You therefore remain responsible for Fees for the reserved capacity during the agreed notice period, whether or not you actively use it, because those Fees reflect the cost of reserving real human capacity rather than a penalty. This does not affect your statutory rights or capacity you were prevented from using by our fault.

Optimator may suspend or terminate access immediately for material breach, non-payment, unlawful use, or risk to our systems, other clients, or third parties.

Optimator may also terminate the Services for convenience, for any reason or no reason, by giving you at least seven (7) calendar days' written notice to the email address on your account (or as stated in your Engagement Agreement). Termination under this paragraph takes effect on the date stated in the notice. You remain liable for Fees for Services and reserved capacity through the effective termination date, and for any Fees accrued before termination that are outstanding.

Upon termination, we will provide reasonable cooperation to export Client-owned deliverables and disconnect integrations, subject to payment of outstanding Fees.

11Third-party services

Third-party services

The Services often integrate with third-party platforms—AI model providers, CRMs, booking systems (e.g. Bokun, Viator), email and messaging tools, payment processors, analytics, and others. Those services have their own terms, pricing, and availability.

Optimator is not responsible for outages, policy changes, API limits, account suspensions, or pricing changes imposed by third parties. You are responsible for maintaining your own accounts, licenses, and compliance with third-party terms.

12AI, automation & no professional advice

AI, automation & no professional advice

AI agents may produce inaccurate, incomplete, or outdated outputs ("hallucinations"). Automated messages may be sent to your guests, partners, or leads when you enable those workflows. You are responsible for configuring approvals, guardrails, and human review before customer-facing or financial actions go live.

Information provided through the Services is for operational and informational purposes only. It is not legal, tax, accounting, medical, or other professional advice. Seek qualified professionals before acting on outputs that affect compliance, contracts, pricing, or guest safety.

Where applicable law requires transparency about automated decision-making or AI-generated communications, you are responsible for disclosures to your end customers unless otherwise agreed in writing in a DPA or Engagement Agreement.

13Disputes, chargebacks & cure notice

Disputes, chargebacks & cure notice

Before initiating arbitration, litigation, a chargeback, or a public complaint relating to Fees or Service performance, you must send a written notice to support@optimator.ai describing the issue, relevant dates, and the remedy sought (a "Cure Notice").

Optimator will have thirty (30) calendar days from receipt of a compliant Cure Notice to investigate, respond, and attempt to cure or offer remediation in good faith. You agree not to commence formal proceedings or chargebacks during this cure period except where prohibited by law or necessary to meet a card-network deadline—and even then, you must notify Optimator promptly.

Chargebacks filed without a prior Cure Notice, or in bad faith after Services were delivered, may be treated as a material breach. Optimator may suspend Services and share transaction records with payment processors to respond to disputes.

14Privacy & data

Privacy & data

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference.

We may share information you provide with Service Partners and Operators to fulfill your requests. Each is bound by confidentiality obligations appropriate to the work they perform.

We use third-party providers—including cloud hosts, payment processors, email and messaging tools, and AI model providers—to deliver the Services. Their data practices are governed by their own policies, not ours.

Data may be stored and processed in Romania, the EEA, or other countries where we or our providers operate. By using the Services, you consent to such storage and transfer where permitted by applicable law.

We use commercially reasonable safeguards to protect information but cannot guarantee absolute security. You acknowledge that sharing credentials, guest data, or system access with Service Partners involves risks you accept, subject to the limits in Section 20.

15Your responsibilities

Your responsibilities

When using the Services, you agree to:

• —Provide accurate signup and business information.
• —Configure approvals, guardrails, and human review as described in Sections 04 and 12.
• —Maintain lawful bases and consents for processing personal data you send through the Services.

16Ownership & intellectual property

Ownership & intellectual property

Custom workflows, agent configurations, prompts, and deliverables built specifically for you under a paid engagement are yours to use for your business, as stated in your Engagement Agreement.

Optimator retains ownership of its pre-existing software, frameworks, templates, methodologies, website content, trademarks, and know-how. We may reuse general-purpose components across clients.

You retain ownership of your data, content, and accounts. You grant Optimator a limited license to use your data solely to provide and improve the Services.

Feedback or suggestions you provide may be used by Optimator without obligation or compensation to you.

17Confidentiality

Confidentiality

Each party will treat non-public business, technical, and financial information received from the other as confidential and use it only to perform under these Terms.

Confidentiality obligations do not apply to information that is public through no fault of the receiving party, was already known without restriction, is independently developed, or must be disclosed by law (with notice where permitted).

We do not publish client names, metrics, or case studies without your written approval unless the information is already public.

18Indemnity

Indemnity

You agree to defend, indemnify, and hold harmless Optimator, its administrator, employees, and contractors from claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your data, content, or instructions to agents or Service Partners; (c) your violation of these Terms or applicable law; (d) access you grant to your systems; (e) disputes between you and your customers, employees, or partners; or (f) your willful misconduct, fraud, or deceptive use of the Services.

19Disclaimers

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant uninterrupted, error-free, or secure operation, or that integrated third-party tools are free of harmful code. Assistant-related disclaimers are set out in Section 04; AI and professional-advice limits are set out in Section 12.

20Limitation of liability

Limitation of liability

To the maximum extent permitted by applicable law, Optimator will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, including losses arising from Assistant Issues or third-party conduct as described in Sections 04 and 11, even if advised of the possibility.

Optimator's total aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed the greater of: (a) the Fees actually paid by you to Optimator in the three (3) months before the event giving rise to the claim, or (b) one hundred euros (EUR 100). This cap applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including Optimator's own fraud, gross negligence, or willful misconduct, or death or personal injury caused by negligence. The disclaimers in Section 04 apply to the independent acts of Service Partners and third parties and do not purport to exclude Optimator's own such liability.

21Force majeure

Force majeure

Optimator is not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, war, labor disputes, government actions, epidemics, internet or cloud provider outages, cyberattacks on third parties, or failures of AI or integration providers. Obligations are suspended during such events; Fees may still apply for reserved capacity unless otherwise agreed.

22Communications

Communications

By using the Services or submitting a signup form, you agree to receive operational emails and messages from us about your account, onboarding, billing, and service updates. You may opt out of non-essential marketing emails at any time.

Electronic communications satisfy any legal requirement that communications be in writing where permitted by law.

23Governing law & disputes

Governing law & disputes

These Terms are governed by the laws of Romania, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts in Bucharest, Romania, unless mandatory consumer-protection rules in your country require otherwise.

Before initiating formal proceedings, the parties agree to attempt good-faith resolution by contacting support@optimator.ai with a written description of the dispute and requested remedy, as set out in Section 13.

24General

General

If any provision of these Terms is held invalid, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.

These Terms, the Privacy Policy, any DPA, and your Engagement Agreement constitute the entire agreement between you and Optimator concerning the Services and supersede prior oral or written representations, except for fraud.

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Provisions that by nature should survive termination (payment, service-partner restrictions, confidentiality, indemnity, liability limits, dispute procedures, and governing law) will survive.

25Contact

Contact

Questions about these Terms or the Services:

OPTIMATOR SRL, a company incorporated under the laws of Romania, with registered office at Str. Nerva Traian 27-33, Sc. B, Et. 1, Ap. BIR. 6, Sector 3, Bucharest, Romania, Trade Register No. J2025062435003, CUI 52353277, represented by Eusebiu Ionescu Marian, Administrator

Email: support@optimator.ai

Website: https://optimator.ai