OptiStack
Legal Agreement

Terms of Service

These Terms govern your use of the OptiStack platform. By creating an account or using our Service, you agree to these Terms.

Last updated: February 22, 2026 · Effective: February 22, 2026

1. Definitions

"Service"
The OptiStack cloud cost intelligence platform, including all features, APIs, dashboards, and related services provided by Datatent B.V.
"User"
Any individual who creates an account or is granted access to the Service by a Workspace administrator.
"Workspace"
An organizational unit within the Service that contains connected data sources, team members, configurations, and analysis data.
"Customer"
The entity (individual or organization) that enters into this Agreement and is responsible for the Workspace and associated billing.
"Connected Data Source"
A third-party cloud platform, database, or SaaS service that the Customer authorizes OptiStack to access for cost analysis purposes.
"Customer Data"
Metadata, configurations, cost data, and usage metrics accessed from Connected Data Sources, excluding any actual data content (table rows, file contents, query results).

2. Acceptable Use Policy

Permitted

  • ✓Use the Service for your organization's cloud cost analysis and optimization
  • ✓Share insights and reports with authorized team members within your Workspace
  • ✓Connect data sources you have authorization to access
  • ✓Export your analysis data for internal use
  • ✓Use our API according to published rate limits and documentation

Prohibited

  • ✗Attempt to access other customers' data, Workspaces, or accounts
  • ✗Reverse engineer, decompile, or disassemble any part of the Service
  • ✗Use the Service to develop a competing product or service
  • ✗Share account credentials or allow unauthorized access to your Workspace
  • ✗Exceed published API rate limits or attempt to circumvent usage restrictions
  • ✗Use automated means to scrape, mine, or extract data from the Service
  • ✗Upload malicious code, interfere with the Service, or compromise its security

3. Account Registration & Eligibility

  • 3.1You must be at least 18 years old and have the authority to bind your organization to these Terms.
  • 3.2You must provide accurate and complete registration information and keep it up to date.
  • 3.3You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • 3.4You must notify us immediately at security@optistack.com if you suspect unauthorized access to your account.
  • 3.5We reserve the right to refuse registration or terminate accounts that violate these Terms.

5. Service Level Commitments

  • 5.1We target 99.9% uptime for the OptiStack platform, measured monthly, excluding scheduled maintenance windows.
  • 5.2Scheduled maintenance is performed during off-peak hours (02:00-06:00 CET) with 72-hour advance notice.
  • 5.3In the event of unplanned downtime exceeding our SLA, affected Enterprise customers may be eligible for service credits as defined in their Enterprise Agreement.
  • 5.4We provide best-effort support with response targets based on your plan tier: Enterprise (4 hours), Professional (8 hours), Free (48 hours).
  • 5.5We continuously monitor service availability and publish real-time status at status.optistack.com.

6. Intellectual Property Rights

  • 6.1OptiStack and its licensors retain all rights, title, and interest in the Service, including all software, algorithms, models, documentation, and trademarks.
  • 6.2You retain all rights to your Customer Data. By using the Service, you grant us a limited license to access and process your Customer Data solely to provide the Service.
  • 6.3We may use aggregated, anonymized data derived from your use of the Service for improving our algorithms, benchmarking, and research, provided such data cannot identify you or your organization.
  • 6.4Feedback and suggestions you provide may be used to improve the Service without obligation to you.

7. Billing & Payment

  • 7.1Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms.
  • 7.2We may change pricing with 30 days' advance notice. Price changes take effect at the start of your next billing cycle.
  • 7.3Annual subscriptions that are not renewed automatically convert to monthly billing at the then-current rate.
  • 7.4Overdue invoices may incur late fees of 1.5% per month. Accounts with invoices overdue by more than 30 days may be suspended.
  • 7.5All prices are exclusive of applicable taxes. You are responsible for any sales, use, VAT, or similar taxes.

8. Data Processing Responsibilities

8.1 Where we process personal data on your behalf, we act as a data processor under GDPR. Our Privacy Policy and GDPR Compliance page detail our data processing practices.

8.2 Enterprise customers may request a Data Processing Agreement (DPA) that includes Standard Contractual Clauses for international data transfers.

8.3 You are responsible for ensuring that you have the necessary consents and authorizations to connect data sources and share data with OptiStack.

8.4 Upon termination, we will delete or return your Customer Data within 30 days, unless retention is required by law.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTISTACK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.2 IN NO EVENT SHALL OPTISTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

9.3 The Service provides cost analysis and optimization recommendations. Decisions made based on these recommendations are solely your responsibility. OptiStack does not guarantee specific cost savings.

9.4 These limitations shall not apply to liability arising from (a) fraud or willful misconduct, (b) breach of confidentiality obligations, or (c) indemnification obligations.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless OptiStack and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

10.2 OptiStack will indemnify you against third-party claims that the Service infringes their intellectual property rights, provided you promptly notify us and cooperate with the defense.

11. Termination & Suspension

11.1 You may terminate your account at any time through the account settings. Annual subscriptions are non-refundable for the current term.

11.2 We may suspend or terminate your account for material breach of these Terms, with notice and a 14-day cure period where the breach is curable.

11.3 We may immediately suspend access without notice if we reasonably believe your use poses a security risk to the Service or other customers.

11.4 Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days after termination.

11.5 Provisions that by their nature should survive termination (including limitations of liability, indemnification, and intellectual property) shall survive.

12. Governing Law & Dispute Resolution

12.1 These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

12.2 Any disputes arising from these Terms shall first be resolved through good-faith negotiation for a period of 30 days.

12.3 If negotiation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

12.4 Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

13. Modifications to Terms

13.1 We reserve the right to modify these Terms at any time. Material changes will be communicated at least 30 days in advance via email and in-app notification.

13.2 Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

13.3 If you do not agree to modified Terms, you may terminate your account before the changes take effect.

Questions About These Terms?

If you have questions about these Terms of Service, contact our legal team.

Email: legal@optistack.com