Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a binding legal agreement between OptAI AG ("Company," "we," "us," "our") and you ("Customer," "you," "your") regarding your use of the OptAI platform and services. By accessing, creating an account, or using OptAI services—including but not limited to our web platform, DNS redirection service, API, and analytics dashboards—you agree to be bound by these Terms. If you do not agree to these Terms, you may not use OptAI services. Effective Date: October 28, 2025

"Platform": The OptAI website, web application, API, and all associated services "Customer": Any individual or organization that creates an account or uses OptAI services "Website": Any third-party website operated by you that integrates OptAI services (including via DNS redirection) "Content": Any data, traffic, submissions, or other information processed through OptAI "Services": All software, features, and functionality provided by OptAI, including traffic analysis, SEO visibility scoring, and automated recommendations "DNS Redirection": The process by which you redirect your website's DNS to route traffic through OptAI's infrastructure

3.1 Age & Legal Capacity You represent and warrant that: • You are at least 18 years old (or the legal age of majority in your jurisdiction) • You have the legal authority to enter into this Agreement • You are not prohibited by law from using OptAI services 3.2 Business Account If you use OptAI on behalf of a company or organization: • You represent that you have authority to bind that organization to these Terms • That organization is jointly responsible for compliance with these Terms 3.3 Account Registration To create an account, you must: • Provide accurate, complete, and current information • Maintain the confidentiality of your password and login credentials • Notify us immediately of any unauthorized access to your account • Accept responsibility for all activities under your account We reserve the right to refuse or terminate accounts that violate these Terms or our Acceptable Use Policy.

4.1 Service Description OptAI provides: • AI-powered traffic analysis and insights • Search engine visibility scoring • Automated content recommendations • DNS-based website optimization Services are provided on an "as-is" basis and may be updated or modified at our discretion. 4.2 Acceptable Use Policy You agree not to use OptAI for: Illegal Activities: • Violating any local, state, national, or international law or regulation • Facilitating fraud, phishing, hacking, or unauthorized access • Distributing malware, ransomware, or other harmful code • Money laundering or financing illegal activities Abusive Behavior: • Harassing, defaming, threatening, or intimidating others • Violating anyone's intellectual property, privacy, or other legal rights • Spam, mass solicitation, or unsolicited communications • DoS (Denial of Service) attacks or deliberate infrastructure disruption Deceptive Practices: • Impersonating individuals or organizations • Misrepresenting the origin or content of data • Manipulating search results or artificially inflating traffic metrics • Creating false analytics or misleading reports Content Violations: • Publishing content that is obscene, defamatory, or hateful • Distributing non-consensual intimate imagery • Content promoting violence, discrimination, or exploitation 4.3 Monitoring & Enforcement We reserve the right to: • Monitor your use of OptAI for compliance with these Terms • Suspend or terminate your account immediately if we detect abuse • Report illegal activity to relevant authorities • Cooperate with law enforcement investigations

5.1 DNS Redirection Service If you elect to use OptAI's DNS redirection service: • You redirect your domain's DNS records to route traffic through OptAI's infrastructure • OptAI acts as an intermediary between your visitors and your website • We analyze traffic, apply optimizations, and provide insights 5.2 Website Owner Responsibilities By using DNS redirection, you: • Warrant that you have authority to modify DNS records for the domain • Are responsible for informing your website visitors that traffic is being routed through OptAI • Must include OptAI in your website's privacy policy and disclose data processing • Assume responsibility for visitor content and interactions 5.3 Visitor Data Processing • OptAI processes visitor data (traffic source, keywords, geolocation, etc.) to provide insights • You remain the data controller; OptAI acts as your data processor • OptAI is a co-processor for visitor data and shares certain processing responsibilities with you 5.4 No Guarantee of Uptime or Performance OptAI makes no guarantee regarding: • Website uptime or availability • Traffic improvement or SEO ranking changes • Accuracy of insights or recommendations • Prevention of attacks, downtime, or service interruptions

6.1 Pricing & Payment • Pricing: Listed on our Platform; subject to change with 30 days' notice • Billing Cycle: Monthly, annual, or as specified in your invoice • Invoicing: Billed automatically to your registered payment method • Trials: Limited-time trials are subject to these Terms upon expiration 6.2 Payment Methods We accept: • Credit cards (Visa, Mastercard, American Express) • Bank transfers (for certain jurisdictions) • Third-party payment processors (Stripe, PayPal) By providing payment information, you authorize us to charge your account for services rendered. 6.3 Billing Disputes • Disputed charges must be reported within 30 days of billing • We will investigate and resolve disputes in good faith • Chargebacks without prior notification may result in account termination 6.4 Non-Payment If payment fails or is declined: • We may suspend your account pending payment • Late fees may apply (as permitted by law) • We may refer overdue accounts to collections 6.5 Refund Policy • Trial Period: Full refund if cancelled within 14 days of trial start • Paid Services: No refund for used services; refunds issued only for billing errors or service failures • Annual Plans: Refunds subject to our refund policy; prorated refunds for early cancellation may apply

7.1 OptAI IP All content, software, features, and materials on the Platform—including the OptAI logo, design, algorithms, and code—are owned by OptAI or licensed to OptAI and are protected by copyright, trademark, patent, and other intellectual property laws. You may not: • Reverse-engineer, decompile, or attempt to derive the source code • Reproduce, modify, or create derivative works • Sell, lease, or license OptAI intellectual property • Remove or obscure copyright or proprietary notices 7.2 Your Content You retain ownership of any content you upload, submit, or generate using OptAI ("Your Content"). By using OptAI, you grant us a non-exclusive, royalty-free, worldwide license to: • Process, analyze, and store Your Content • Create anonymized, aggregated insights from Your Content • Use Your Content to improve our algorithms and services • Display aggregate analytics to you You warrant that Your Content: • Does not infringe third-party intellectual property rights • Does not violate privacy, publicity, or other legal rights • Is obtained lawfully and is yours to share 7.3 Third-Party Content OptAI may contain third-party content (images, libraries, APIs). Use is governed by applicable licenses and attributions.

8.1 Disclaimers OPTAI SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING: • Implied warranties of merchantability, fitness for a particular purpose, or non-infringement • Warranties regarding accuracy, completeness, timeliness, or reliability of content or insights • Warranties that the Platform will be error-free, uninterrupted, or secure 8.2 No Liability for Third-Party Services OptAI is not responsible for: • Third-party payment processors, analytics platforms, or cloud infrastructure providers • Downtime, data loss, or failures of third-party services • Actions or omissions of third parties 8.3 Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, OptAI's total liability to you for any claim arising out of or related to these Terms, the Platform, or your use of Services shall not exceed: • The amount you paid OptAI in the 12 months preceding the claim, or • CHF 100 (if you have not paid anything) 8.4 Excluded Damages IN NO EVENT SHALL OPTAI BE LIABLE FOR: • Indirect, incidental, consequential, special, or punitive damages • Lost profits, revenue, data, or business opportunities • Reputational harm or loss of goodwill • Costs of cover or substitute goods or services This applies even if OptAI has been advised of the possibility of such damages. 8.5 Basis of the Bargain These limitations are a fundamental basis of the pricing and terms of this Agreement. If any limitation is found unenforceable, liability will be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless OptAI, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: • Your use of OptAI services • Your violation of these Terms • Your violation of any law or third-party rights • Your Content or Website • Visitor complaints or disputes related to your Website This indemnification does not apply to claims arising solely from OptAI's gross negligence or willful misconduct.

10.1 Compliance with Privacy Policy Your use of OptAI is governed by our Privacy Policy. By using OptAI, you consent to the collection and processing of data as described in the Privacy Policy. 10.2 Your Responsibility as Data Controller You represent and warrant that: • You have obtained all necessary consents from visitors to process their data through OptAI • Your Website's privacy policy discloses OptAI's data processing • You comply with GDPR, FADP, CCPA, and other applicable data protection laws • You provide visitors with the right to access, delete, and port their data Violations of data protection laws are your sole responsibility. 10.3 Data Retention & Deletion OptAI will retain your data as described in the Privacy Policy. Upon account termination, OptAI will delete your data within 90 days (excluding legally mandated retention).

11.1 Term These Terms commence on the date you first accept them and continue for as long as you use OptAI services, unless terminated earlier. 11.2 Termination by You You may terminate your account at any time by: • Notifying OptAI in writing (email: support@optai.com) • Requesting account deletion through your account settings • Non-renewal of paid plans at the end of the billing cycle 11.3 Termination by OptAI OptAI may terminate or suspend your account: • For Cause: Immediately, if you violate these Terms, including Acceptable Use Policy, or engage in illegal activity • For Convenience: With 30 days' written notice (except for abuse or legal violations) • Trial Accounts: Without notice, if you exceed trial usage limits 11.4 Effects of Termination Upon termination: • Your access to the Platform is immediately revoked • Your paid services cease (no pro-rata refund, except where required by law) • Your data is deleted within 90 days (see Section 10.4) • Provisions that survive termination (IP rights, limitations of liability, indemnification) remain in effect

12.1 Governing Law These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. Any reference to "law" includes all applicable federal, cantonal, and municipal laws. 12.2 Arbitration (Preferred) BOTH YOU AND OPTAI AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT, EXCEPT FOR INJUNCTIVE RELIEF. Arbitration Procedure: • Arbitrator: Single arbitrator selected under Swiss arbitration rules • Venue: Zug, Switzerland • Rules: Swiss Rules of International Arbitration (SRIA) • Language: English • Costs: Each party bears its own costs; arbitrator fees split equally unless arbitrator determines otherwise • Appeal: Limited right to appeal on questions of law only 12.3 Mediation (Alternative) Prior to arbitration, the parties agree to attempt good-faith mediation: • Duration: 30 days from notice of dispute • Mediator: Neutral third party mutually agreed upon • Venue: Zurich, Switzerland or virtual • Costs: Split equally If mediation fails, either party may proceed to arbitration. 12.4 Exceptions The following are not subject to arbitration and may be brought in Swiss courts: • Intellectual property disputes (trademark, patent, copyright infringement) • Requests for injunctive relief to prevent irreparable harm • Claims by OptAI for payment owed 12.5 Informal Resolution Before initiating arbitration or mediation, either party may contact the other to attempt informal resolution over 15 days. 12.6 Class Action Waiver YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

13.1 Export Controls OptAI services comply with Swiss and applicable international export control laws. You may not use OptAI for: • Exporting to sanctioned countries (as per Swiss/UN/EU sanctions lists) • Facilitation of weapons development or proliferation • Sales to sanctioned individuals or entities 13.2 Anti-Corruption You represent that you will comply with anti-corruption and anti-bribery laws, including the Swiss Anti-Corruption Act and the U.S. Foreign Corrupt Practices Act (FCPA). 13.3 Sanctions Compliance OptAI does not provide services to individuals or entities on OFAC, EU, or Swiss sanctions lists.

14.1 Changes to Terms OptAI may modify these Terms at any time. Material changes will be communicated via: • Email notification (sent to your registered email) • In-app notification (displayed in your dashboard) • Updated effective date on the Terms page Continued use of OptAI after modifications constitute acceptance of the updated Terms. 14.2 Changes to Services OptAI may modify, suspend, or discontinue services at any time. If we discontinue a material feature: • We will provide 30 days' notice • You may terminate without penalty during the notice period • If you have a paid plan, a prorated refund will be issued

15.1 Entire Agreement These Terms, together with the Privacy Policy and Data Processing Agreement (if applicable), constitute the entire agreement between you and OptAI regarding your use of the Platform. Any prior agreements, understandings, or negotiations are superseded. 15.2 Severability If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be reformed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. 15.3 Waiver OptAI's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. 15.4 Assignment You may not assign or transfer these Terms or your rights/obligations hereunder without OptAI's prior written consent. OptAI may assign these Terms to affiliates or successors. 15.5 Force Majeure Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control (e.g., acts of God, war, natural disasters, pandemics), provided the affected party provides prompt notice. 15.6 Counterparts These Terms may be executed in counterparts (including electronic signatures), each of which is deemed an original, collectively forming one instrument. 15.7 Notices Legal notices to OptAI must be sent by registered mail or email to: • Email: support@optai.com • Address: Altgasse 43, 6340 Baar, Switzerland Notices are deemed received upon email confirmation or 5 business days after mailing.

For questions, support, or legal notices: OptAI Support: • Email: support@optai.com • Response Time: Within 24–48 business hours