Please read these terms and conditions carefully before using our services.

Opho Tech Terms and Conditions of Use

Last Revised July 22, 2025

1. User’s Acknowledgment and Acceptance of Terms

Opho Tech Inc. (collectively referred to as “Opho Tech”, “We”, “Us”, or “Our”) provides the ophotech.com website and various related services (collectively, the “Site” or “Services”) to you, the “User,” “Client,” or “Customer,” subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use,” “Terms and Conditions,” “Agreement,” or “Terms”), as well as any other written agreement between us and you. When using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials, which may contain additional terms and conditions. All such rules are hereby incorporated by reference.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE EXIT THE SITE. YOUR REMEDY FOR DISSATISFACTION IS TO STOP USING THE SITE AND/OR THE RELATED PRODUCTS OR SERVICES. YOUR AGREEMENT TO THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON YOUR FIRST USE OF THIS SITE.

These Terms are effective as of July 22, 2025. Opho Tech reserves the right to amend these Terms at any time without prior notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use regularly to stay informed of modifications. Your continued use of the Site constitutes acknowledgment and acceptance of any changes.

References to “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in creating or delivering this Site and its contents.

2. Description of Services

Opho Tech offers various data services and documentation through the Site, including, but not limited to, Fraud Detection, Bot Detection, Data Validation, IP Intelligence, Email Validation, Phone Validation, User and Payment Screening, Device Fingerprinting, and other related services (“Opho Tech Services”).

You are responsible for providing, at your own expense, all equipment and Internet access necessary to use Opho Tech Services, and any fees associated with such access.

Opho Tech grants you a non-exclusive, non-transferable, non-sublicensable license to access and use Opho Tech Services. You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. Opho Tech reserves the right to modify or discontinue any part of the Site or its features at any time, with or without notice. Any new features or services added will also be subject to these Terms of Use.

3. Registration Data and Privacy

To access certain services, you must (a) create an account and password via our online registration, and (b) keep your registration data accurate and updated. By registering, you confirm all information provided is accurate, current, and complete.

Upon registration, your account contact information may be transferred to a secure CRM system. You may be contacted by support or marketing teams by automated or manual means. To opt out, please submit a support request or written notice.

4. Use of Logo

Client authorizes Opho Tech to use its name, logo, and/or trademark in Opho Tech marketing materials (e.g., website, non-public brochures) in accordance with brand guidelines or accepted standards of decency.

Client may revoke this right with seven (7) business days’ written notice.

5. Data Processing Agreement

Opho Tech processes Client Data in accordance with its Data Processing Agreement (“DPA”), which is incorporated by reference. The DPA outlines the parties’ roles and legal bases for processing personal data under applicable privacy laws, including the GDPR and the CCPA.

Opho Tech implements and maintains appropriate safeguards to protect Client Data. Clients are responsible for ensuring that any data sharing with Opho Tech complies with applicable data protection laws.

6. Conduct on Site

Your use of the Site and Services must comply with all laws and regulations; you are solely responsible for your communications and conduct. You may not attempt to breach security, gain unauthorized access, or interfere with another’s use of the Site. Violations may result in criminal or civil liability.

Opho Tech is not a consumer reporting agency under the Fair Credit Reporting Act (FCRA), and our data does not constitute “consumer reports.” You agree not to use Opho Tech Services for purposes governed by the FCRA.

We may terminate your account at our sole discretion for violations. We will cooperate with law enforcement as required. If your account is terminated, a pro-rated refund will be issued for any paid services.

7. Third Party Sites and Information

Opho Tech Services may contain links or references to third-party websites or resources (“Third-Party Content”). Such content is provided for convenience only and does not constitute endorsement or affiliation. Opho Tech does not control and is not responsible for the availability, accuracy, or legality of Third-Party Content. All dealings are solely between you and the third party.

8. Intellectual Property Information

Copyright © 2011 – 2025 Opho Tech Inc. All Rights Reserved.

“Opho Tech Content” includes all information, data, reports, analytics, software, API responses, documentation, graphics, audio, video, designs, and other materials provided through Opho Tech Services.

All Content and intellectual property rights are the exclusive property of Opho Tech and/or its licensors and are protected by applicable laws. Use of the Services does not grant you any rights beyond those expressly granted here.

Opho Tech trademarks, service marks, and logos (“Opho Tech Marks”) are property of Opho Tech or its affiliates. This Agreement grants you no right to use any Opho Tech Marks or third-party trademarks.

9. Disclaimer of Warranties

ALL SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OPHO TECH MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU USE THE SITE AT YOUR OWN RISK.

Opho Tech is not responsible for errors, omissions, or outdated materials, nor for damages resulting from your use or downloading of materials.

Some jurisdictions do not allow exclusion of certain warranties; some limitations may not apply.

10. Limitation of Liability

IN NO EVENT SHALL OPHO TECH OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR SERVICES.

If any limitation of liability is unenforceable, Opho Tech’s sole obligation for damages shall be limited to the amount actually paid by Client to Opho Tech in the 12 months preceding the subject claim.

11. Non-Disparagement

Both parties agree not to disparage the other or their officers, directors, employees, shareholders, or agents, except as required by legal process.

12. Indemnification

You agree to defend, indemnify, and hold harmless Opho Tech, its affiliates, officers, employees, agents, licensors, and suppliers from all liabilities, claims, and expenses (including legal fees) arising from your misuse of the Site or Services.

13. Security and Password

You are responsible for keeping your password and account information secure and for all actions taken under your account. Opho Tech personnel will never ask for your password. You may enable Two-Factor Authentication (2FA) for additional security.

Accounts may not be shared or transferred. Violation may result in immediate termination.

Opho Tech employs robust security measures to protect client data and complies with all applicable privacy regulations.

14. Participation in Promotions

Any interaction with third-party advertisers is solely between you and the advertiser. Opho Tech assumes no responsibility for any aspect of such interactions.

15. Termination of Use

Opho Tech may suspend or terminate your access to all or part of the Site or Services, with or without notice, for any reason, including breach of these Terms. Upon termination, your right to use the Site ceases immediately, and Opho Tech may delete your account and associated data. Opho Tech is not liable for damages arising from such actions.

If Opho Tech terminates your account, you will receive a pro-rated refund for unused paid services. You may terminate this Agreement at any time with 30 days’ written notice, but all outstanding fees will become immediately due and no refunds will be issued for unused services.

16. API & Data Usage

You may not:

  • Reverse engineer or attempt to extract source code from any API or related software, except as expressly permitted by law.
  • Interfere with, abuse, or disrupt the APIs or networks.
  • Sublicense an API or create a competing API without written approval.
  • Use the APIs to replicate or compete with Opho Tech core products without written approval.
  • Use APIs for hazardous activities (e.g., life support, air traffic control).

17. Free Account Limitations

Users may not create multiple accounts to receive additional free credits. Abuse may result in suspension or termination. For legitimate business needs, contact Opho Tech support for authorization.

18. Premium Plans & Queries

Each API request deducts a query credit from your account, except where otherwise stated. Query usage is tracked and billed as per your subscription or prepaid plan.

All purchases are final and non-refundable, except where required by law. You are responsible for monitoring your usage and maintaining an active account balance.

19. Affiliate Program & Referrals

Opho Tech offers an affiliate program to active users. Referrals must remain in good standing and are defined within your dashboard. Earnings are paid on a NET-60 schedule, and Opho Tech reserves the right to withhold commissions at its discretion.

20. Client Data

Client may transmit transactional, behavioral, or user data (“Client Data”) to Opho Tech for fraud detection, risk analysis, and threat intelligence services. Opho Tech may use anonymized or aggregated Client Data to improve global scoring, without disclosing PII or client-specific business data.

All Client Data is protected with industry-standard safeguards and processed in accordance with privacy regulations and the Data Processing Agreement.

21. Governing Law

This Site is operated from Ontario, Canada. By accessing the Site, both parties agree that the laws of the Province of Ontario, without regard to its conflict of law principles, shall govern all matters relating to the use of the Site and Services.

Both parties consent to the exclusive jurisdiction and venue of courts in Ontario for any disputes arising under this Agreement.

22. Entire Agreement

These Terms represent the complete agreement between the parties, superseding all prior discussions or agreements. Any modifications must be in writing and signed by both parties.

23. Class Action Waiver

Both Opho Tech and Client waive the right to a trial by jury and agree that all disputes must be brought individually, not as part of any class action or representative proceeding.

24. Severability

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.

25. Survival

The following Sections survive termination: 8 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Non-Disparagement), 12 (Indemnification), 15 (Termination of Use), 16 (API & Data Usage), 20 (Client Data), 21 (Governing Law), 22 (Entire Agreement), 23 (Class Action Waiver), 28 (Reseller Governance), and 30 (Miscellaneous).

26. Failure to Enforce

Opho Tech’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.

27. Anti-Bribery

Neither party will, directly or indirectly, offer or accept bribes, secret commissions, or illegal gratuities. Any breach is grounds for termination and potential legal action. The breaching party is liable for resulting losses.

28. Reseller Governance

If Services are purchased through an authorized reseller, these Terms govern usage and access, while payment terms are governed by the agreement with the reseller. Opho Tech is not liable for financial arrangements between Client and Reseller.

29. Signature

Your electronic acceptance or use of Opho Tech Services constitutes your binding agreement to these Terms.

30. Miscellaneous

Prevailing Party Fees:The prevailing party in any legal action will be entitled to reasonable legal fees and costs.

Limitation on Claims:All claims must be brought within one (1) year or they are waived and barred.

Assignment:Client may not assign this Agreement without Opho Tech’s prior written consent; Opho Tech may assign freely.

Force Majeure:Opho Tech is not liable for failures caused by events beyond its reasonable control.

No Waiver:No failure or delay by Opho Tech in exercising any right shall constitute a waiver.

Contact Information

Opho Tech Inc.

2302 – 228 Queens Quay W Downtown, Toronto M5J2X1 Canada info@ophotech.com