Terms of Use
Terms of Use
Last Modified: Nov. 1, 2025
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Opto Financial Inc. ("Opto," "we," or "us"). The following terms and conditions (the "Terms of Use") govern your access to and use of our Website and our applications (the "Applications"), including but not limited to any content, functionality, and services offered on or through the Website and the Applications, as well as consulting services (together, the "Service"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.
NOTICE OF ARBITRATION AGREEMENT:
THE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION, RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). PLEASE SEE SECTION 19 FOR MORE INFORMATION.
The Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Opto and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. License
Subject to your compliance with the Terms of Use, Opto hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service solely for your personal use and not for resale.
3. Accessing the Service and Account Security
We strive to keep the Service available on a continuous basis. You acknowledge that the Service may be occasionally unavailable due to such periodic maintenance or to other unexpected interruptions. We are not responsible for inaccessibility during these downtimes.
We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Service.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
We make no warranty whatsoever to you regarding the security of the Service, the Website or the Applications.
4. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Opto, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or our Applications or Service.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: contact@optofinancial.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Opto. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. Authorization
By accessing and using the Service, you authorize and direct Opto, as your agent and on your behalf, to electronically retrieve your account data from financial institutions and other third-party data sources with whom you have a contractual relationship ("Third-Party Providers"). FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT DATA TO YOU AS PART OF THE SERVICE, YOU GRANT COMPANY A LIMITED POWER OF ATTORNEY, AND APPOINT COMPANY AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ALL CAPACITIES, TO ACCESS SITES, SERVERS, OR DOCUMENTS RELATED TO OR MAINTAINED BY THE THIRD-PARTY PROVIDERS, RETRIEVE INFORMATION, AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO PERFORM EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS YOU COULD DO IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS ACCESSING AND RETRIEVING ACCOUNT DATA FROM THIRD-PARTY PROVIDERS, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD-PARTY PROVIDERS WILL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY, AND POWER OF ATTORNEY GRANTED BY YOU. You understand that the Service is not endorsed or sponsored by any Third-Party Providers.
6. Consent to Electronic Communications
By providing your email address or wireless telephone number and clicking or tapping the "I agree" checkbox as your electronic signature, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. We may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner.
You can withdraw your consent to receive further communications electronically at any time by contacting us at contact@optofinancial.com. Any withdrawal of your consent to receive communications electronically will be effective only after we have a reasonable period of time to process your request; therefore, you may still receive some communications until we have time to process your request properly and fully.
Opto cannot control certain factors relating to message delivery. We may not be able to transmit a notification to you in a timely and accurate manner. We have no liability for transmission delays or notification failures, for any erroneous content in a notification, or for any actions taken or not taken in reliance on a notification.
7. Fees and Charges
Access to the Service, or certain features of the Service, may require you to pay fees on a subscription basis, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you purchase a recurring subscription, you authorize Opto or its third-party service providers to periodically charge you for an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) (each a "Subscription Period") until canceled. By using this Service, you agree to the pricing, payment, and billing policies in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. In order to avoid future charges, you must cancel your subscription at least 24 hours before the end of your current Subscription Period.
You agree to pay the subscription fees and any other charges associated with your account, including any applicable taxes, at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing, all fees and charges are nonrefundable. We will provide advance notice in case of any changes in fees or additional charges.
8. Trademarks
The Opto name and all related names, trademarks, logos, product and service names, designs, and slogans are trademarks of Opto or its affiliates or licensors. You must not use such marks without the prior written permission of Opto. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
9. Prohibited Uses
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
- You may not copy the Website, the Applications or Service or cause any of them to be copied;
- You may not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Applications or the Service;
- You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or any server, or to any of the services offered on or through the Service.
- You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to our Service, to its source, or exploit the Service or any information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Opto's systems or networks, or any systems or networks connected to the Service.
- You agree not to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Service or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Opto or others.
Contact
If You have any questions or complaints concerning any of the Terms of Use, you may contact us by e-mail at contact@optofinancial.com or by regular mail at:
Opto Financial Inc, 8 The Green, Suite #16198, Dover, DE 19901.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.