Terms and Conditions

OPTIMO SOFTWARE CO

Last Updated: 5th April 2026

This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Optimo Software Co (Vision Consulting Group (Global) Pty Ltd trading as Optimo Software Co) (the "Company", "us", "we", or "our").

This Agreement sets forth the terms and conditions that govern your use of and access to the Website (https://getoptimo.io) and the Optimo software platform (the "Platform"), including all features, functionality, integrations, and artificial intelligence (AI) capabilities.

Please read this Agreement carefully before using the Platform. By accessing or using the Platform, you agree to be legally bound by all terms set out in this Agreement.

1. Acceptance of this Agreement

By accessing or using the Platform (or by clicking "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organisation that you represent.

You warrant that you have the legal capacity and authority to bind that entity to this Agreement.

If you do not agree to the terms and conditions of this Agreement, you may not use or access the Platform and must exit the Website immediately.

2. Eligibility

To use the Website or access the Platform, you must:

be at least 18 years of age;
not be a competitor of, or using the Platform for purposes competitive with, the Company;
have the legal capacity and authority to enter into this Agreement; and
not be prohibited by any applicable law from accessing or using the Platform.

By accessing or using the Platform, you represent and warrant that you meet all eligibility requirements set out above.

3. Changes to this Agreement

The Company reserves the right to change this Agreement at any time at its sole discretion. Changes will apply to your use of and access to the Platform from the date they become effective.

Where changes are material, we will use reasonable efforts to notify you by email or via notice on the Website. Your continued use of the Platform after changes have been made constitutes your acceptance of those changes.

If you do not agree to the updated terms, you must immediately cease using the Platform.

4. Platform Access — Software Infrastructure

Optimo Software Co provides access to a cloud-based software platform (the "Platform"), built on the GoHighLevel infrastructure. The Platform includes CRM functionality, automation systems, communication tools, integrations, marketplace add-ons, and artificial intelligence (AI) capabilities.

Access to the Platform is provided on a subscription basis only.

For the purposes of this Agreement:

"Platform" means the software infrastructure provided by Optimo Software Co;
Any reference to "Services" refers strictly to access to and use of the Platform, unless otherwise expressly stated.

The Platform does not include implementation, advisory, consulting, training, coaching, or done-for-you services, unless expressly agreed in a separate written agreement.

We may modify, suspend, or discontinue the Platform, in whole or in part, at any time without notice. You acknowledge that the Platform relies on third-party infrastructure, including GoHighLevel and other integrated providers. Accordingly, Optimo Software Co is not liable for any loss, damage, or disruption arising from:

modification, suspension, or discontinuation of the Platform;
outages, downtime, or performance issues;
third-party provider failures, changes, or limitations; or
removal or alteration of features, integrations, or functionality.

5. Services Provided by Optimo Software Co, Vision Alliance, and the Optimo Implementation Team

Optimo Software Co provides access to the Platform (software infrastructure) only.

Additional implementation, consulting, and support services may be provided by Vision Alliance and/or the Optimo Implementation Team, including:

CRM configuration, onboarding, and setup;
automation builds and system implementation;
training, coaching, and support services;
consulting, advisory, and strategic services.

All such services:

are separate from Platform access;
are optional and not included in subscription fees;
are charged separately at agreed rates; and
are governed by separate written agreements or scopes of work.

No representation is made that any particular service provider will remain available. The Company reserves the right to change, substitute, or discontinue service providers at any time.

6. Account Responsibilities

If you register for an account, you are solely responsible for:

maintaining the confidentiality and security of your login credentials;
all activities conducted under your account;
ensuring that all users of your account comply with this Agreement; and
immediately notifying us of any unauthorised access or use of your account.

We are not liable for any loss or damage arising from your failure to comply with these responsibilities.

7. Free Trial

Optimo Software Co may offer a free trial period of up to 14 days (or such other period as specified at the time of registration) (the "Free Trial").

During the Free Trial:

Access to the Platform is provided at no charge for the duration of the trial period;
Usage-based charges (including SMS, email, AI, and phone usage) may still apply and are charged in USD;
Any implementation, configuration, automation builds, setup, or onboarding services provided during the Free Trial by Vision Alliance or the Optimo Implementation Team are non-refundable, regardless of whether you continue your subscription.

At the end of the Free Trial, your account will automatically convert to a paid subscription unless you cancel prior to the trial expiry date.

Cancellation during or after the Free Trial results in immediate loss of access to the Platform and all data, workflows, and configurations built within your account. No data will be recoverable following cancellation.

8. Billing and Payment Terms

Platform Subscription Fees

Access to the Platform is provided on a subscription basis. Subscription fees are billed in AUD, or the local currency of the customer where available, as determined by Optimo Software Co. Pricing may vary based on location, applicable taxes, and market conditions.

Usage-Based Charges (USD)

Usage-based charges are billed separately from subscription fees and are charged in USD. These include, but are not limited to:

SMS, MMS, and messaging usage;
email sending and communication charges;
phone, voice, and call usage;
artificial intelligence (AI) usage, including tokens, credits, and processing;
marketplace applications, integrations, add-ons, and third-party enhancements; and
any metered, transactional, or consumption-based charges incurred through the Platform.

These charges are determined by underlying providers and may vary based on usage, supplier pricing, and currency exchange rates. You are solely responsible for all usage-based charges incurred under your account, regardless of whether those charges were authorised by you personally.

Additional Services

Setup, implementation, consulting, advisory, training, and coaching services are not included in Platform subscription fees and are billed separately. Fees for such services will be agreed in advance and invoiced in the agreed currency.

Pricing Variables

Pricing may change at any time due to currency fluctuations, supplier or infrastructure cost increases (including GoHighLevel), market conditions, or operational requirements. We will use reasonable efforts to notify you of material pricing changes.

9. Non-Payment and Service Suspension Policy

As a subscription-based platform, ongoing operational costs are incurred regardless of usage. All clients must maintain current payment of both subscription fees and wallet balances (used for SMS, email, call, and AI functionality).

If payment fails or a wallet balance cannot be recharged:

Payment will be attempted up to three (3) times within a 7-day period;
If unsuccessful, the account will be automatically paused 7 days after the initial failed payment;
After 14 days of non-payment, any dedicated phone numbers associated with the account will be permanently cancelled and cannot be reinstated;
After 60 days of non-payment, the account will be permanently cancelled and all data, workflows, integrations, configurations, and access will be permanently deleted.

Upon account pause or cancellation:

All access to the Platform ceases immediately;
All CRM records, communication history, automation workflows, integrations, forms, and associated data will be permanently deleted;
No data will be recoverable; and
No access will be reinstated unless full payment is received prior to permanent cancellation.

You are solely responsible for backing up all critical business data prior to any account suspension or cancellation. Optimo Software Co accepts no liability for any loss of business, data, revenue, or service functionality resulting from account suspension or cancellation due to non-payment.

10. Refund Policy

All payments to Optimo Software Co are non-refundable. This includes, but is not limited to:

monthly, annual, or promotional subscription fees;
setup, onboarding, and implementation fees;
consulting, advisory, training, and coaching fees;
usage-based charges (SMS, email, AI, phone, and marketplace usage);
partial subscription periods, unused time, or early cancellations;
downgrades or changes to subscription plans; and
any services delivered during or after a Free Trial period.

By subscribing to or using the Platform, you acknowledge and agree that all fees are non-refundable, regardless of usage or circumstance.

If you experience any issues with the Platform, please contact our support team at hello@getoptimo.io. We are committed to working with you to resolve platform issues wherever possible.

11. Acceptable Use and Legal Compliance

You agree to use the Platform lawfully, responsibly, and in compliance with all applicable laws and regulations at all times, including:

The Spam Act 2003 (Cth);
The Privacy Act 1988 (Cth) and the Australian Privacy Principles;
Do Not Call Register Act 2006 (Cth);
any applicable state, territory, or international laws governing data privacy, marketing, and communications.

Without limiting the above, you must:

adhere to all anti-spam, marketing, and data privacy regulations;
use email, SMS, phone, AI, and messaging tools responsibly and ethically;
obtain valid, documented consent before contacting any individual;
honour unsubscribe requests and communication preferences immediately;
comply with do-not-call and data protection obligations;
avoid misuse of automation systems, AI tools, or contact data; and
not use the Platform for any illegal, fraudulent, deceptive, or unethical purpose.

You are solely responsible for all communications sent via the Platform and for ensuring your use of the Platform complies with all applicable laws. Optimo Software Co accepts no liability for misuse, unlawful communications, or regulatory breaches arising from your use of the Platform.

Violations of this clause may result in immediate suspension, restriction, or permanent termination of your access, without notice and without refund.

12. Platform Usage Requirements

You agree to:

provide accurate and up-to-date information during setup and at all times;
monitor and manage your platform usage and remain compliant with all applicable laws;
maintain sufficient wallet balances for usage-based services;
back up all critical business data stored in the Platform on a regular basis; and
ensure all users of your account comply with this Agreement.

13. Artificial Intelligence (AI) Use

The Platform includes AI-powered functionality. You acknowledge and agree that:

AI outputs may be inaccurate, incomplete, biased, or unsuitable for your specific use case;
all AI-generated outputs must be independently reviewed and approved by a qualified human prior to use;
AI outputs do not constitute legal, financial, medical, professional, or any other form of regulated advice;
Optimo Software Co makes no representations or warranties regarding the accuracy, reliability, or fitness of AI outputs; and
outcomes depend entirely on your configuration, data quality, prompts, and usage.

Optimo Software Co is not liable for any decisions, actions, outcomes, losses, or damages arising from your use of or reliance on AI-generated content.

14. Deliverability and Infrastructure

Deliverability of communications sent via the Platform depends on your conduct, data quality, compliance practices, and the policies of third-party providers.

Optimo Software Co is not responsible for:

domain or IP blacklisting resulting from your sending practices;
email, SMS, or communication delivery failures;
third-party provider restrictions, suspensions, or policy changes;
add-on tools, plugins, or marketplace extensions, which may be subject to separate licensing and pricing; or
platform availability, which is subject to internet connectivity and the reliability of third-party systems.

Dedicated IP infrastructure may be available at additional cost and is strongly recommended for high-volume senders.

15. GoHighLevel Platform Terms

The Platform is built on the GoHighLevel infrastructure. By using the Platform, you acknowledge and agree that:

core system functionality is controlled by GoHighLevel as a third-party provider;
you are also subject to GoHighLevel's Terms of Service, which govern the base infrastructure, functionality, and performance of the system;
features, integrations, or capabilities may change, be limited, or be discontinued by GoHighLevel at any time without notice; and
Optimo Software Co is not responsible for platform-level changes, limitations, outages, or system-wide updates introduced by GoHighLevel.

Your contractual relationship remains solely with Optimo Software Co. You should review GoHighLevel's Terms of Service, accessible at https://www.gohighlevel.com/terms-of-service, for further information regarding the underlying platform.

16. Termination

The Company may suspend or terminate your access to the Platform at its sole discretion, at any time and without notice, including where:

payment is not received within the applicable payment period;
this Agreement is breached in any way;
the Platform is misused or used in violation of any applicable law;
it is necessary to protect the integrity, security, or compliance of the Platform; or
required by law or regulatory authority.

Upon termination, you will immediately lose access to the Platform and all associated data, workflows, configurations, and integrations. No data will be recoverable and no refunds will be issued.

You may cancel your account at any time by submitting a cancellation request to hello@getoptimo.io. Cancellation takes effect at the end of the then-current billing period, unless otherwise agreed. No refunds will be issued for any unused portion of a subscription period.

17. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Optimo Software Co, Vision Consulting Group (Global) Pty Ltd, Vision Alliance, their respective directors, officers, employees, contractors, agents, and partners from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

your use or misuse of the Platform;
any breach of this Agreement by you or any user of your account;
any breach of applicable laws or regulations;
any communications sent through the Platform by you or on your behalf; or
any third-party claims arising from your use of the Platform.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Optimo Software Co and its related entities, directors, officers, employees, contractors, and partners exclude all liability for any loss or damage of any kind, whether direct, indirect, incidental, special, consequential, or punitive, including but not limited to:

loss of data, records, or information;
loss of revenue, income, or profits;
loss of business, contracts, or opportunities;
business interruption;
reputational damage;
data loss due to client error, system misuse, or account cancellation;
downtime or interruptions caused by GoHighLevel or third-party providers; and
misuse of messaging, marketing, or automation features resulting in legal or reputational damage.

Where liability cannot be excluded by law, the total aggregate liability of Optimo Software Co to you for all claims arising under or in connection with this Agreement is limited to the lesser of:

resupply of access to the Platform for the period to which the claim relates; or
the total subscription fees paid by you to Optimo Software Co in the three (3) months immediately preceding the event giving rise to the claim.

19. Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any consumer rights or remedies available under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded.

To the extent permitted by law, where Optimo Software Co is liable to you under the Australian Consumer Law, that liability is limited to:

resupply of access to the Platform or equivalent service; or
the cost of resupply.

The Platform is provided for business use. Optimo Software Co makes no representation that the Platform is suitable for any particular purpose.

20. No Warranty

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis. Optimo Software Co makes no representations or warranties, express or implied, regarding:

availability, uptime, or continuity of the Platform;
performance or functionality of the Platform;
accuracy, completeness, or reliability of any outputs or data;
suitability of the Platform for your business needs or purposes; or
security of data transmitted through or stored on the Platform.

You use the Platform entirely at your own risk.

21. No Reliance

You acknowledge and agree that:

you have not relied on any representation, statement, promise, or guarantee not expressly set out in this Agreement;
you are solely responsible for determining whether the Platform is suitable for your business needs;
no guarantees are made regarding business outcomes, including revenue generation, lead acquisition, sales performance, or any other metric; and
any estimates, projections, or examples provided by Optimo Software Co or its representatives are indicative only and do not constitute a warranty or guarantee of outcome.

22. Force Majeure

Optimo Software Co is not liable for any failure or delay in providing access to the Platform caused by events beyond its reasonable control, including but not limited to:

acts of war, terrorism, or civil unrest;
natural disasters, fire, flood, or environmental events;
pandemics, epidemics, or public health emergencies;
government actions, regulatory changes, or legal restrictions;
infrastructure failures, internet outages, or cyberattacks;
third-party system failures, including GoHighLevel; or
any other cause beyond the reasonable control of Optimo Software Co.

During such events, access to the Platform may be suspended or limited without liability to you.

23. Intellectual Property

All rights, title, and interest in and to the Platform, including all systems, workflows, automation logic, campaigns, templates, configurations, AI tools, models, outputs, documentation, and materials created or implemented by Optimo Software Co and/or Vision Alliance, remain the sole and exclusive intellectual property of Optimo Software Co and/or Vision Alliance.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform and associated assets solely within your active Optimo account, for the duration your subscription remains current and in good standing.

Ownership of intellectual property does not transfer to you under any circumstances, unless expressly agreed in a separate written IP transfer agreement executed by both parties, together with payment of any applicable transfer fee. Any such transfer does not include resale rights, reuse across multiple brands, or redistribution.

You must not copy, reproduce, distribute, reverse engineer, decompile, modify, or commercially exploit any part of the Platform or associated intellectual property.

Upon account cancellation, suspension, or non-payment, all licences granted under this clause are immediately revoked, and you waive any claim to the ongoing use or ownership of those assets.

24. Confidentiality

Each party agrees to keep confidential all non-public, proprietary, or sensitive information disclosed by the other party in connection with the Platform or this Agreement, including business processes, technical information, client data, pricing, and commercial terms.

Confidential information must not be disclosed to any third party without the prior written consent of the disclosing party, except where disclosure is required by law or a regulatory authority.

These confidentiality obligations survive the termination of this Agreement for a period of three (3) years.

25. Privacy

Optimo Software Co is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using the Platform, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, available at https://getoptimo.io/privacy-policy. Our Privacy Policy forms part of this Agreement and is incorporated by reference.

You are responsible for ensuring that any personal information you upload to or process through the Platform has been collected and may be used lawfully, and that all required consents have been obtained.

26. Business Succession and Change of Control

In the event of a sale, merger, acquisition, restructuring, change of ownership, or the passing of a founder or key personnel of Optimo Software Co or Vision Consulting Group (Global) Pty Ltd, this Agreement and all rights and obligations under it may be assigned or transferred to a successor entity or authorised party without notice to you.

Where reasonably practicable, clients will be notified in writing of any material change of control. Your continued use of the Platform after a change of control constitutes your acceptance of the successor entity.

Optimo Software Co will take all reasonable steps to ensure service continuity, but cannot guarantee identical delivery methods, personnel, pricing structures, or advisory arrangements under new ownership.

27. Dispute Resolution

The parties agree to attempt to resolve any dispute, controversy, or claim arising out of or in connection with this Agreement in good faith before commencing any legal proceedings.

If a dispute arises, the party raising the dispute must provide written notice to the other party, setting out the nature of the dispute and the remedy sought. The parties must then meet (in person, by phone, or by video conference) within 14 days of that notice and attempt to resolve the dispute in good faith.

If the dispute is not resolved within 30 days of the written notice (or such extended period as agreed in writing), either party may refer the matter to a mutually agreed mediator. The costs of mediation will be shared equally between the parties unless otherwise agreed.

If mediation fails to resolve the dispute, either party may pursue the matter through the courts in accordance with clause 28.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

28. Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.

Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia (as applicable) to resolve any dispute arising out of or in connection with this Agreement.

29. General

Entire Agreement

This Agreement constitutes the entire agreement between you and Optimo Software Co with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

Waiver

A failure or delay by Optimo Software Co to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy, nor does it prevent or restrict the future exercise of that right or remedy.

Assignment

You may not assign, transfer, or sub-licence any of your rights or obligations under this Agreement without the prior written consent of Optimo Software Co. Optimo Software Co may assign this Agreement without your consent.

Notices

All notices under this Agreement must be in writing and sent to hello@getoptimo.io or such other address as notified by the relevant party from time to time.

30. Contact Information

For any questions, concerns, or notices regarding this Agreement, please contact us at:

Optimo Software Co
Suite 302, 33 Lexington Drive
Bella Vista NSW 2153
Australia
Email: hello@getoptimo.io
Website: https://getoptimo.io