Website Terms of Use
Effective September 20, 2026
These Website Terms of Use ("Terms") govern your use of optive.net and other public Optive web pages and online experiences that link to these Terms (collectively, the "Website").
The Website is operated by Optive, Inc., a Delaware corporation ("Optive," "we," "us," or "our").
By using the Website, or by accepting these Terms where we present them, you agree to these Terms. If you use the Website on behalf of a company or other organization, you represent that you have authority to do so on its behalf.
These Terms do not govern the Optive software platform, practitioner or patient accounts, or other services provided under separate terms, including services available through my.optive.net, practitioner-specific Optive subdomains, or similar authenticated applications.
Using the Website
You may use the Website for its intended purposes and in accordance with these Terms and applicable law.
You must be at least 18 to use the Website.
Parts of the Website may allow you to submit information, complete assessments, request reports, participate in research, communicate with us, access resources, or use other interactive features.
We may add, change, suspend, or discontinue any part of the Website at any time.
Information you provide
You are responsible for information and other materials you submit through the Website and for ensuring that you have the right to provide them.
Please do not submit patient records, protected health information, or other patient-identifiable clinical information through the Website unless we specifically provide a feature intended for that purpose.
You retain any ownership rights you have in information or materials you submit. You give Optive permission to use, process, store, analyze, and combine those materials as reasonably necessary to operate and improve the Website, provide requested features or reports, communicate with you, conduct research, and develop Optive and its products and services.
Our handling of personal information is described in our Privacy Policy.
Assessments, reports, and other generated materials
Some parts of the Website may use information you provide to generate assessments, scores, reports, recommendations, summaries, research results, or other materials. We may use automated tools, including AI, to help generate these materials.
These materials are intended to provide information, education, or insights based on the information available to us. We do not guarantee that generated materials will be accurate, complete, current, or suitable for any particular purpose.
Scores, benchmarks, and peer comparisons are based on self-reported information and may not be representative.
You are responsible for evaluating any generated materials and deciding how to use them.
Optive is a technology company, not a healthcare provider or professional adviser. Nothing provided through the Website is medical or clinical advice, diagnosis, or treatment, or legal, financial, or business advice. Using the Website does not create a healthcare provider-patient or other professional relationship.
Feedback
We welcome feedback, ideas, and suggestions about Optive.
Unless we separately agree otherwise, feedback you provide is not confidential.
If you provide feedback, you give us permission to use it without restriction or compensation to you. This allows us to build, change, and improve Optive without creating ownership questions around suggestions people send us.
Optive content and intellectual property
Optive retains all right, title, and interest in the Website and all Optive-created content, software, designs, assessments, methodologies, reports, templates, branding, and other materials made available through it. All rights not expressly granted are reserved.
Where Optive provides a report, assessment result, download, or other resource for your use, Optive grants you a limited, non-exclusive, non-transferable, revocable license to use that material only for its intended purpose. No other rights are granted.
Unless Optive expressly permits it, you may not copy, modify, reproduce, distribute, sell, license, white-label, publish, commercially exploit, create derivative works from, or use Optive materials to develop or train a competing product or service.
Nothing in these Terms gives you ownership of Optive's trademarks, branding, software, methodologies, or other intellectual property.
Acceptable use
You may not use the Website to:
- violate any law or the rights of another person;
- impersonate someone or provide information you are not authorized to provide;
- submit patient information or protected health information, except through a feature intended for that purpose;
- introduce malicious code or interfere with the operation or security of the Website;
- bypass access controls, technical restrictions, or security measures;
- probe or test vulnerabilities without authorization;
- reverse engineer or attempt to discover non-public source code, systems, algorithms, or underlying technology;
- systematically scrape, extract, or collect Website content or data using automated means, other than ordinary search-engine indexing;
- use Website content, assessments, methodologies, reports, or data to build or train a competing product or service; or
- use the Website in a way that places an unreasonable load on our systems or interferes with anyone else's use of it.
We may restrict or block access where we reasonably believe the Website is being misused.
Third-party services and links
The Website may contain links to, integrate with, or rely on services provided by third parties.
We do not control those services and are not responsible for their content, availability, security, or practices. Your use of third-party services may be governed by their own terms and policies.
Some features may be offered together with partners. Partner names, logos, and trademarks belong to their owners, and partners are responsible for their own products, services, and practices.
Indemnification
You agree to indemnify and hold harmless Optive and its affiliates, directors, officers, employees, contractors, and agents from third-party claims, and related losses, costs, and expenses (including reasonable attorneys' fees), arising from:
- information or materials you submit through the Website; or
- your misuse of the Website or violation of these Terms or applicable law.
We will notify you of any such claim. We may choose to control the defense and settlement, at your expense, and you agree to cooperate with us.
No warranties
THE WEBSITE AND ALL CONTENT, TOOLS, REPORTS, AND OTHER MATERIALS AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE."
To the fullest extent permitted by law, Optive disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and reliability.
We do not promise that the Website will always be available, uninterrupted, secure, or error-free, or that information or materials provided through it will always be accurate or complete.
Limitation of liability
To the fullest extent permitted by law, Optive and its directors, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, business opportunities, or goodwill arising from or related to your use of the Website.
Our total liability for claims arising from or relating to the Website will not exceed the greater of $100 or the amount you paid Optive specifically for use of the Website during the 12 months before the event giving rise to the claim.
These limits apply regardless of the legal theory, whether contract, tort (including negligence), or otherwise, and even if we were told the damages were possible.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
Changes to these Terms
We may update these Terms as the Website and Optive evolve.
When we do, we will post the updated Terms and change the effective date above. Your continued use of the Website after updated Terms take effect means that you accept them.
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms or the Website will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.
To the extent the law allows, you and Optive each waive the right to a jury trial and agree to bring claims only individually, not as part of a class or representative action.
General
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Our failure to enforce a provision does not waive our right to enforce it later.
These Terms, together with any additional terms presented for a particular Website feature, constitute the agreement between you and Optive regarding your use of the Website. If terms for a particular feature conflict with these Terms, the feature terms control for that feature.
You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
Provisions that by their nature should survive, including those on feedback, intellectual property, indemnification, disclaimers, limitation of liability, and governing law, continue to apply after you stop using the Website.
Contact
Questions about these Terms can be submitted through:
optive.net/contact
or write to us at:
Optive, Inc.
8 The Green #19020
Dover, DE 19901 USA