Last updated: August 24, 2026
These Terms of Service ("Terms") govern your access to and use of the optitrackinc.com website and any marketing services provided by OptiTrack Inc. ("OptiTrack," "we," "us," or "our"). By engaging our Services or using our Site, you agree to these Terms. If you do not agree, please do not use our Site or Services.
OptiTrack provides agile marketing services, including strategy development, campaign optimization, content marketing, marketing automation, and analytics & insights, as further described on our Services page. The specific scope, deliverables, and sprint cadence for each engagement are defined in a mutually agreed statement of work or service order ("Order") issued at the start of an engagement.
Our Services are generally billed on a monthly subscription basis under the pricing tier selected in your Order (Starter, Growth, Enterprise, or a custom arrangement). Unless otherwise stated in your Order:
Either party may cancel a monthly engagement with 30 days' written notice to the other party. Services will continue, and fees will continue to accrue, through the end of the then-current billing cycle following notice. No refunds are issued for partial months of service already rendered. Any campaign assets, ad accounts, or data owned by the client will be returned or transferred within a reasonable time following cancellation.
Because our engagements run on agile sprint cycles rather than fixed annual plans, clients agree to:
Delays in client feedback or access may impact sprint timelines and deliverables without constituting a breach by OptiTrack.
Upon full payment, clients own the final campaign deliverables created specifically for them under an Order (e.g., ad creative, copy, campaign assets). OptiTrack retains ownership of its underlying methodologies, templates, frameworks, and any pre-existing intellectual property used to deliver the Services.
The optitrackinc.com website, its design, and its content are the property of OptiTrack Inc. and may not be copied, reproduced, or distributed without our prior written consent.
To the maximum extent permitted by law, OptiTrack's total liability arising out of or relating to the Services shall not exceed the fees paid by the client to OptiTrack in the three (3) months preceding the claim. OptiTrack shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunities, even if advised of the possibility of such damages. Marketing results depend on many factors outside our control, and OptiTrack does not guarantee specific performance outcomes.
Each party agrees to protect the other's confidential information using reasonable care and to use it only for purposes of the engagement. This obligation survives termination of the engagement.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. The parties agree to first attempt to resolve any dispute informally through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Teton County, Wyoming, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property or confidential information.
OptiTrack will use commercially reasonable efforts to deliver Services in accordance with the sprint cadence and deliverables described in your Order, and to respond to client communications within one business day. Specific response-time or uptime commitments, where applicable, will be documented in the Order.
We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date at the top of this page, and where appropriate, communicated directly to active clients. Continued use of our Services after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms should be directed to:
OptiTrack Inc.