Terms of service — Optimizely Content Marketing Platform

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• Document version Report an error

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

• Auto renewal Report an error

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

• Price increase notice Report an error

  “Optimizely will provide Customer with 120 days’ prior written notice (email acceptable), and (ii) the proposed new Subscription Fee will be effective from the start of Extended Subscription Term”

• Overage rate 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.”

• Taxes customer responsibility Report an error

  “Fees and other charges imposed under this Agreement will not include Taxes, all of which will be for Customer’s account.”

• 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.”

• 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.”

• Use restriction Report an error

  “Customer shall not: (i) use the Software Service as a service bureau, timeshare or similar service;”

• Reverse engineering prohibited Report an error

  “(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;”

• Competing product restriction Report an error

  “(iv) use, or otherwise utilize, the Software Service, or any Documentation or Optimizely Material to build, and/or assist any Third-Party in building or supporting, software products that compete with Optimizely;”

• 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”

• DPA reference 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”

• 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.”

• Personal data processing Report an error

  “Optimizely will Process Personal Data in accordance with applicable Personal Data protection and privacy law.”

• Subcontracting 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.”

• Ip indemnification Report an error

  “If a Third-Party makes an IP Claim Against Customer, or in Optimizely’s reasonable opinion is likely to make an IP Claim Against Customer, Optimizely may (at its sole option and expense): (i) procure for Customer the lawful right to continue its Use of the affected Software Service; or (ii) replace or modify the affected Software Service to be non-infringing”

• Governing law table Report an error

  “USA, CA and MX Sweden, Denmark, Finland, and Norway UK and Ireland EU DACH UAE Kingdom of Saudi Arabia Australia & NZ APJ Rest of the World Governing Law: New York and controlling U.S. Federal Law Laws of Sweden Laws of England and Wales Laws of England and Wales Laws of Germany Laws of England and Wales Laws of England and Wales New South Wales, Australia Singapore New York and controlling U.S. Federal Law”

• Contracting entities Report an error

  “Optimizely contracting entity Optimizely North America Inc Optimizely AB Optimizely AB Optimizely AB Optimizely GmbH Optimizely AB Optimizely AB Optimizely North America Inc Optimizely North America Inc Optimizely North America Inc”

• Entity addresses Report an error

  “119 5th Avenue, 7th Floor, New York, NY 10003, United States of America Torsgatan 11, Box 7007, 103 86 Stockholm, Sweden Torsgatan 11, Box 7007, 103 86 Stockholm, Sweden Torsgatan 11, Box 7007, 103 86 Stockholm, Sweden Wallstrasse 59, 10179 Berlin, Germany, with corporate registration number HRB 88738”

• 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);”

• Termination for breach 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;”

• Export restrictions Report an error

  “Customer shall not permit any Use of the Software Service from a US, UK or EU embargoed or sanctioned country or in violation of any US, UK or EU export law or regulation.”

• Confidentiality pricing Report an error

  “Customer shall not disclose any information about the Agreement, its terms and conditions, the pricing, or any other related facts to any Third-Party.”

• Policy reference Report an error

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

• 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.”

• Documentation portal Report an error

  “Opti-World (also referred to as the Optimizely Development Portal) and the Optimizely Support Portal are references to the websites published by Optimizely at https://world.optimizely.com, and its sub-sites including https://world.optimizely.com/releases, and https://support.optimizely.com/hc/en-us”

• Suspension notice Report an error

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

• Suspension nonpayment Report an error

  “If any correctly-invoiced Fee remains unpaid ten days after the date due payment of Optimizely’s invoice or if any Fees paid by credit card are not finalized, Optimizely may (in addition to any other rights) suspend Customer’s access to the applicable Software Service.”

• Agreement 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.”

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