Terms of service — Optimizely

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• Document title Report an error

  “Optimizely Online Software Subscription Agreement 2025-11 Published 2025-Nov-10”

• Auto renewal period Report an error

  “upon expiry of the Initial Subscription Term, the Subscription will automatically renew for successive periods of twelve months ("Extended Subscription Term")”

• Price increase notice Report an error

  “Optimizely will provide Customer with 120 days’ prior written notice (email acceptable)”

• Overage multiplier Report an error

  “Overage Fees be calculated against the applicable Usage Volumes and will be two times (2x) Usage Volume unit price. Overage Fees will be invoiced on a monthly basis, in arrears.”

• Payment terms Report an error

  “If Customer pays by credit card, all fees are payable at the time of completing the Order. If Customer is invoiced, all Fees are payable with a net thirty (30) days from the issue date of the invoice.”

• Fees non refundable Report an error

  “All Orders are non-cancellable, except as expressly agreed otherwise, and all Fees are non-refundable.”

• No usage reduction Report an error

  “Customer may not reduce Usage Volume during a Subscription Term.”

• Non renewal notice Report an error

  “A Party may cancel its Subscription for the next Extended Subscription Term by written notice to the other Party at least ninety (90) days prior to the end of the Subscription Term.”

• Deletion after termination Report an error

  “Optimizely may delete all Customer Data at any time after thirty (30) days from the last date of the expired Subscription.”

• License scope Report an error

  “Optimizely grants Customer a non-transferable, non-exclusive, worldwide right to Use the Software Service, subject to the payment of correctly-invoiced Fees, and the terms of this Online SSA.”

• Restrictions Report an error

  “Customer shall not: (i) use the Software Service as a service bureau, timeshare or similar service; (ii) decompile, disassemble, copy (except for archival or Optimizely-authorized purposes) modify, translate, create derivative works or reverse engineer the Software Service, Documentation or any Optimizely Material; (iii) resell, distribute, or otherwise transfer or encumber rights to the Software Service;”

• Customer data ownership Report an error

  “Customer represents that it owns (or has the lawful right to): (i) its Customer Data, and (ii) custom coding solely developed by Customer and/or its Authorized-Users without any contribution from Optimizely”

• Security measures Report an error

  “Optimizely will implement, and will maintain, appropriate administrative, physical and technical measures for the protection of the security, confidentiality and integrity of Customer Data Processed by Optimizely as outlined in the DPA.”

• DPA URL Report an error

  “DPA (or Data Processing Agreement) means Optimizely’s Data Processing Agreement, currently published at https://www.optimizely.com/trust-center/data-processing-agreement/.”

• Trust center Report an error

  “Opti-Trust is a reference to the website published by Optimizely at https://www.optimizely.com/trust-center/, where Optimizely publishes information on privacy, security and compliance at that site and its sub-sites”

• Liability cap Report an error

  “the maximum aggregate liability of either Party (and its respective Affiliates) to the other or any other person or entity for all events (or series of connected events) arising in any twelve-month period is absolutely limited, and will not exceed the annual Subscription Fees paid by Customer for the applicable Software Service associated with the damages for that twelve month period.”

• Suspension notice Report an error

  “Optimizely will provide Customer with reasonable prior written notice (email sufficient) before any such suspension.”

• Termination for cause Report an error

  “A Party may terminate the Agreement: (i) for cause on fourteen (14) days' written (and signed) notice of the other Party's breach of any material provision of the Agreement unless the breaching Party has cured the breach during such notice period”

• Modification termination right Report an error

  “If a Modification materially degrades the overall functionality of the affected Software Service, Customer’s sole remedy is to terminate its subscription to the affected Software Service by providing written notice to Optimizely within one (1) month of Optimizely’s applicable notice.”

• Refund on termination Report an error

  “Customer will be entitled to: (i) a pro rata refund in the amount of the unused portion of prepaid Fees for the terminated Subscription calculated as of the effective date of termination (unless such refund is prohibited by Export Laws)”

• Policy reference Report an error

  “Optimizely will provide Support for the Software Service as outlined in the Support Policy.”

• Subcontracting hosting Report an error

  “Optimizely may subcontract any element of the Software Service to its Affiliates and Third-Parties. Subcontracting includes the hosting of the Software Service. Optimizely is responsible for the performance of those subcontractors”

• Third party enhancements Report an error

  “Third-Party Enhancements are optional for Customer Use. Third-Party Enhancements are not Optimizely Software, nor part of the Software Service.”

• Dispute resolution Report an error

  “all other disputes related to this Agreement (“Disputes”) shall be first submitted to non-binding mediation (“Mediation”). Mediation will be undertaken in a timely manner, in good faith and costs will be shared equally. If the Dispute is not resolved through Mediation within sixty days, then, upon the election of either Party, the Dispute shall be submitted to an applicable court in the Jurisdiction”

• Order of precedence Report an error

  “(i) the Order Form (and each subsequent Order), (ii) the Product Supplement, (iii) the Service Level Agreement , (iv) the Support Policy , (v) the Data Processing Agreement , and (vi) this Online SSA.”

• Modifications Report an error

  “Modification includes the removal of features, functionality and /or capabilities (collectively, “Features”) from the Software Service; on the condition that Optimizely provides a functional equivalent or where the Modification does not materially reduce the Features of the Software Service”

• Assignment Report an error

  “Customer may not assign, delegate or otherwise transfer the Agreement (or any of its rights or obligations). Any assignment (or purported assignment), including by operation of law, by Customer is a material breach of this Agreement.”

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