Terms of Service
Last updated: May 22, 2026
These Terms of Service ("Terms") govern your access to and use of Orakle ("Orakle"), including the Orakle website, REST API, SDKs, MCP server, dashboard, documentation, and related services (collectively, the "Services") provided by Optima Engineering LLC ("Optima," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.
Enterprise Agreement Precedence:where you have entered into an Order Form, Statement of Work, or other written agreement with Optima for the Services (collectively, an "Enterprise Agreement"), the terms of such Enterprise Agreement control in the event of any conflict with these Terms. These Terms apply only to the extent not superseded by an Enterprise Agreement.
1. Description of Services
Orakle is a gen-AI pricing model for physical goods. The Services transform a product description — provided in natural language or as structured fields — into a calibrated price probability distribution, expressed as quantile estimates (such as P10, P50, and P90 values), together with a scenario-weighted price forecast extending up to ninety (90) days forward. The Services are accessible through a web dashboard, a REST API, official SDKs, and a Model Context Protocol (MCP) server, and currently cover markets in the United States, the United Kingdom, Canada, Australia, and the United Arab Emirates.
Estimates only.All outputs of the Services, including price distributions, quantiles, scenario weights, and forecasts (collectively, "Pricing Outputs"), are probabilistic estimates generated by statistical and machine-learning models. Pricing Outputs are not guaranteed prices, appraisals, offers, or financial, investment, tax, or legal advice. Actual market prices are influenced by many factors outside the scope of the Services, and Pricing Outputs may be inaccurate, incomplete, or unsuitable for your purposes. Your use of and reliance on Pricing Outputs is governed by Sections 5, 9, and 10.
2. Account Registration
To use the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account. You must notify us immediately at hello@optima.engineering if you suspect unauthorized access to your account or any compromise of your API keys.
You must be at least 18 years of age or the legal age of majority in your jurisdiction to use the Services. The Services are designed for business use and are not intended for personal consumer use.
3. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Services in any manner that violates applicable laws, infringes the rights of others, or breaches these Terms or the Acceptable Use Policy.
4. Customer Data and Content
Your Data
"Customer Data" means all data, content, and information that you or your authorized users submit to or transmit through the Services, including product descriptions, query parameters, metadata, and other inputs you provide to obtain Pricing Outputs.
You retain all rights in your Customer Data. We do not claim ownership of your Customer Data. You grant us a limited, non-exclusive, worldwide license to use, host, process, transmit, and store your Customer Data as reasonably necessary to provide, secure, and operate the Services in accordance with these Terms and our Privacy Policy. We may also generate and use de-identified, aggregated data and statistics derived from your use of the Services to operate, improve, and develop our products, models, and features, provided that such data does not identify you or your users.
Your Responsibilities
You are responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it. You represent and warrant that you have all necessary rights, consents, and permissions to submit Customer Data to the Services and to authorize us to process it as contemplated by these Terms, and that your Customer Data does not infringe the rights of any third party or describe goods whose sale or resale is unlawful in any applicable jurisdiction.
5. Pricing Outputs
Nature of Pricing Outputs
Pricing Outputs are probabilistic estimates and forecasts produced by an in-house pricing model. They reflect the model's analysis at a point in time and are inherently uncertain. We do not guarantee, and expressly disclaim any representation or warranty regarding, the accuracy, completeness, timeliness, reliability, or fitness for a particular purpose of any Pricing Output. A Pricing Output is not a promise that any good will sell, purchase, or be valued at any particular price.
Your Commercial Decisions
You are solely responsible for any decision you make and any action you take based on Pricing Outputs, including pricing, purchasing, selling, listing, valuation, lending, and inventory decisions. You must exercise your own independent judgment, and where appropriate consult qualified professionals, before relying on a Pricing Output. You must not use Pricing Outputs as the sole basis for any high-stakes financial decision. We are not a party to, and bear no responsibility for, any transaction you enter into in reliance on the Services.
Service Availability and Models
We may modify, retrain, recalibrate, or replace the pricing models, market coverage, output formats, and other characteristics of the Services at any time. Pricing Outputs may therefore change over time for identical or similar inputs. We do not warrant that the Services will be uninterrupted, error-free, or available at any particular service level except as expressly stated in an Enterprise Agreement.
Third-Party Data and Services
The Services may incorporate or rely on third-party data sources, infrastructure, and services. We are not responsible for the accuracy, availability, or performance of any third-party data or service, and your use of any third-party component is subject to the respective provider's terms.
6. Intellectual Property
Ownership
As between you and Optima, and subject to the rights granted in these Terms, Optima owns all right, title, and interest in and to the Services and all related software, source code, object code, algorithms, models, model weights, architectures, APIs, designs, user interfaces, documentation, training data, data structures, databases, trade secrets, know-how, methodologies, processes, inventions (whether or not patentable), patents, patent applications, trademarks, service marks, trade names, trade dress, logos, copyrights, moral rights, and all other intellectual property and proprietary rights therein, including any modifications, enhancements, or improvements thereto (collectively, "Optima IP"). All rights in and to the Optima IP not expressly granted herein are reserved by Optima.
License to Use the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your subscription, solely for your internal business purposes and in accordance with these Terms. This license does not convey any ownership interest in the Services or Optima IP. Where you have entered into an Enterprise Agreement with Optima, your license to access and use the Services is additionally governed by and subject to the terms and conditions of such Enterprise Agreement, and you must comply with any usage limitations, scope restrictions, and licensing conditions specified therein.
Pricing Outputs License
Subject to your compliance with these Terms and the Acceptable Use Policy, and to payment of all applicable fees, Optima grants you a non-exclusive, non-transferable, worldwide license to use the Pricing Outputs you generate through the Services for your internal business purposes. You may not resell, redistribute, sublicense, or otherwise make available raw or substantially unmodified Pricing Outputs as a standalone data product, dataset, feed, or service that competes with the Services.
Restrictions
You may not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, model weights, training data, or underlying structure of the Services; (b) copy, modify, adapt, translate, or create derivative works of the Services or any Optima IP; (c) distribute, sell, resell, lease, sublicense, or otherwise transfer the Services or any Optima IP; (d) use the Services or Pricing Outputs to train, develop, or build a competing pricing model, dataset, or service, or assist any third party in doing so; (e) remove, alter, or obscure any proprietary notices, trademarks, or branding on the Services; (f) access the Services for the purpose of benchmarking, competitive analysis, or feature replication; or (g) scrape, crawl, or use automated means to extract data from the Services other than through the documented API in accordance with these Terms.
Feedback
Any feedback, suggestions, ideas, or improvements you provide regarding the Services ("Feedback"), and all intellectual property rights associated with such Feedback, are the exclusive property of Optima. You irrevocably assign to Optima all right, title, and interest in and to such Feedback, including all intellectual property rights therein, to the extent you acquire any such proprietary interest. You waive any moral rights in such Feedback. Optima may use, implement, modify, and commercialize Feedback without any attribution, compensation, or obligation to you.
Client Reference
Optima may include your business name and logo in lists of Optima clients, on our website, and in marketing materials. If you do not wish to be included, you may request removal by contacting us at legal@optima.engineering, and we will remove your information within a commercially reasonable timeframe.
7. Fees and Payment
Access to the Services is offered through self-serve subscription tiers and Enterprise plans. Each self-serve tier includes a token allowance and charges metered fees for usage in excess of that allowance ("Overage"). Fees are described on our pricing page or in the applicable order form. Payments are processed by our third-party payment processor, Stripe; your use of payment functionality is subject to Stripe's terms. Unless otherwise specified:
- Fees are quoted in U.S. dollars and are exclusive of taxes.
- You are responsible for all applicable taxes, levies, and duties, excluding taxes based on Optima's net income.
- Subscription fees are billed in advance on a recurring basis, and Overage is billed in arrears, in each case for the billing period stated at checkout or in your order form.
- Fees are non-refundable except as required by law or as expressly stated in a separate agreement.
- We may change our fees at any time; changes to recurring fees take effect at the start of your next billing period.
- Overdue payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Services for non-payment.
You may cancel your subscription at any time through your account dashboard; cancellation takes effect at the end of the then-current billing period, and you remain responsible for all fees and Overage accrued through that date.
8. Confidentiality
You agree to maintain the confidentiality of any non-public information disclosed by Optima using industry-standard measures and to use it only as necessary to exercise your rights under these Terms. Confidential Information does not include information that is publicly available, already known to the recipient without a duty of confidentiality, rightfully received from a third party, or independently developed without use of the disclosing party's Confidential Information.
9. Warranties and Disclaimers
THE SERVICES AND ALL PRICING OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PRICING OUTPUT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE, OR THAT ANY GOOD WILL SELL, PURCHASE, OR BE VALUED AT ANY PRICE WITHIN OR NEAR A PRICING OUTPUT. PRICING OUTPUTS ARE PROBABILISTIC ESTIMATES AND FORECASTS, NOT GUARANTEED PRICES OR FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF AND RELIANCE ON PRICING OUTPUTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR ANY LOSS ARISING FROM A COMMERCIAL DECISION MADE IN RELIANCE ON A PRICING OUTPUT, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply except with respect to your breach of the Acceptable Use Policy, your payment obligations, your indemnification obligations under Section 11, your violation of our intellectual property rights under Section 6, or your gross negligence or willful misconduct.
11. Indemnification
You agree to indemnify, defend, and hold harmless Optima and its officers, directors, employees, and agents from any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms or the Acceptable Use Policy; (b) your Customer Data; (c) your violation of applicable law or the rights of any third party; or (d) any commercial decision, transaction, or action you take in reliance on Pricing Outputs.
12. Term and Termination
These Terms are effective when you first access the Services and continue until terminated. You may terminate by closing your account and ceasing use of the Services. Optima reserves the right to refuse, suspend, or terminate access to the Services for any person or entity, at any time, for any reason or no reason, in its sole and absolute discretion, with or without notice.
Upon termination, your right to use the Services ceases immediately and any outstanding fees and Overage become due. You are solely responsible for exporting your data before termination. Customer Data may be available for export for a limited period following termination, after which it may be deleted. Sections that by their nature should survive termination will survive, including Sections 4, 5, 6, 8, 9, 10, 11, 14, and 15.
13. Modifications to Terms
We reserve the right to modify these Terms, and any related policies or documents incorporated by reference, at any time in our sole discretion. Updated versions will be posted on our website. All modifications are immediately binding upon posting. We are not obligated to notify you of changes. It is solely your responsibility to review all applicable policies regularly. Your continued use of the Services constitutes your acceptance of the then-current Terms.
14. Dispute Resolution and Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.
Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by contacting us at legal@optima.engineering. If the dispute is not resolved within 30 days, either party may proceed with formal dispute resolution as described below.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Maricopa County, Arizona. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND OPTIMA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.
NOTWITHSTANDING THE FOREGOING ARBITRATION PROVISION, OPTIMA MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OPTIMA IP (INCLUDING TRADE SECRETS, TRADEMARKS, PATENTS, COPYRIGHTS, AND ALL OTHER PROPRIETARY RIGHTS), CONFIDENTIAL INFORMATION, OR THE ACCEPTABLE USE POLICY, WITHOUT THE REQUIREMENT OF POSTING A BOND OR PROVING ACTUAL DAMAGES.
IF OPTIMA PREVAILS IN ANY DISPUTE, CLAIM, ARBITRATION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, YOU AGREE TO REIMBURSE OPTIMA FOR ALL REASONABLE ATTORNEYS' FEES, COSTS, AND EXPENSES INCURRED. IF ANY CLAIM BROUGHT AGAINST OPTIMA IS DETERMINED BY THE ARBITRATOR OR COURT TO BE FRIVOLOUS OR WITHOUT MERIT, YOU WILL REIMBURSE OPTIMA FOR ALL ATTORNEYS' FEES, COSTS, AND EXPENSES INCURRED IN DEFENDING AGAINST SUCH CLAIM.
15. General Provisions
- Entire agreement: these Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, any applicable Enterprise Agreements, and order forms, constitute the entire agreement between you and Optima regarding the Services. In the event of conflict, Enterprise Agreements control, followed by order forms, followed by these Terms.
- Severability: if any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
- Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms at any time to any party without notice or consent.
- Force majeure: Optima will not be liable for any failure or delay in performance due to any cause beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, cyberattacks, third-party service failures, or internet or utility failures.
- Notices: notices to Optima should be sent to legal@optima.engineering. We may send notices to the email address associated with your account.
16. Contact
If you have questions about these Terms, please contact us:
- Legal: legal@optima.engineering
- General inquiries: hello@optima.engineering
- Entity: Optima Engineering LLC