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Terms of Service

Please review these terms before using the platform.

Terms of Service

Effective Date: February 8, 2026

Welcome to TheOptimal. These Terms of Service ("Terms") govern your access to and use of the TheOptimal platform, services, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Definitions

  • "Platform" refers to TheOptimal web application, APIs, and related services.
  • "User" means any individual or organization that accesses or uses the Platform.
  • "Client" refers to organizations using the Platform for industrial optimization.
  • "Supplier" refers to equipment manufacturers and vendors participating in our ecosystem.
  • "Performance Data" means machine specifications, performance maps, and operational data.
  • "Platform Outputs" means any calculation results, optimization recommendations, machine lineup suggestions, energy savings estimates, cost projections, efficiency metrics, or other data generated by the Platform's algorithms, whether displayed on-screen, exported, or transmitted via API.
  • "Verified Supplier" means a Supplier with one or more Verified Machines.
  • "Non-Verified Supplier" means a Supplier whose machines are not Verified Machines.
  • "Verified Machine" means a specific machine model and build year that has passed a Factory Acceptance Test (FAT) performed by TheOptimal and has been verified against a specific technical norm identified in the machine specifications.
  • "Verification Status" means the Verified or Non-Verified designation displayed on the Platform.

2. Acceptance of Terms

By creating an account or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

3. Description of Service

TheOptimal provides a platform for industrial system optimization, including:

  • Performance Map Analysis: Upload and analyze machine performance data with physics-informed algorithms.
  • Scenario Modeling: Create and evaluate operating scenarios across multiple duty points.
  • Optimization Engine: Intelligent algorithms to identify optimal machine configurations.
  • Supplier Ecosystem: Connection between clients and verified equipment suppliers.
  • Procurement Integration: Streamlined path from optimization insights to equipment acquisition.

4. Account Registration

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information.
  • Maintain and update your information to keep it accurate.
  • Maintain the security of your account credentials.
  • Notify us immediately of any unauthorized access.

4.2 Account Types

  • Free Tier: Limited access for evaluation and small-scale use.
  • Professional Plans: Full platform access with feature-based pricing.
  • Enterprise Plans: Custom solutions with dedicated support.

5. User Responsibilities

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

  • Violate any applicable laws or regulations.
  • Infringe upon intellectual property rights.
  • Transmit harmful or malicious code.
  • Attempt to gain unauthorized access to systems.
  • Interfere with the proper operation of the Service.

5.2 Data Accuracy and Input Responsibility

You are solely responsible for the accuracy, completeness, and suitability of all data you upload to the Platform, including but not limited to machine performance maps, operating parameters, duty point definitions, medium properties, and scenario configurations. Platform Outputs are generated directly from your input data and from data provided by Suppliers. TheOptimal does not independently verify, audit, or validate User-uploaded data or Supplier-provided data (except for Verified Machines to the extent described in Section 7.3). Inaccurate, incomplete, or outdated input data will produce inaccurate Platform Outputs. You acknowledge that final engineering, procurement, and operational decisions remain your responsibility and must be validated by qualified professionals before implementation.

5.3 Professional Judgment Required

You acknowledge that the Platform is a computational decision-support tool and does not replace professional engineering design, independent feasibility analysis, or site-specific assessment. You are responsible for ensuring that any actions taken based on Platform Outputs are reviewed, validated, and approved by appropriately qualified engineers or other professionals before implementation.

6. Intellectual Property

6.1 Platform Ownership

TheOptimal and its licensors own all rights, title, and interest in the Platform, including all software, algorithms, designs, and documentation.

6.2 Your Data

You retain ownership of Performance Data you upload. By uploading data, you grant us a non-exclusive license to use, process, and analyze such data to provide and improve the Service.

6.3 Feedback

Any suggestions, ideas, or feedback you provide may be used by TheOptimal without obligation or compensation.

7. Supplier Participation

7.1 Supplier Registration

Suppliers may apply to join our ecosystem. Acceptance is at our discretion and subject to verification requirements.

7.2 Product Information

Suppliers are solely responsible for the accuracy and completeness of machine specifications, performance maps, pricing, and availability information they provide to the Platform. TheOptimal does not independently verify Supplier-provided data except through the Verified Machine process described in Section 7.3.

7.3 Verification Scope and Limits

  • Verification is performed per machine model and build year using TheOptimal-administered FAT testing against a specific technical norm, which is listed in the machine specifications.
  • Verification is limited to the machine configuration tested. If a Supplier changes the model number, build year, or any component that can affect performance, re-verification is required.
  • A Supplier may be partially verified; only Verified Machines will display a Verified status on the Platform.
  • Verification indicates that a specific machine and build year met the cited norm at the time of testing. It is not a guarantee of ongoing performance, suitability for any particular use, or real-world results under site-specific conditions.
  • Verification does not constitute an endorsement, recommendation, or warranty by TheOptimal regarding any machine's fitness for a particular purpose or operating environment.

7.4 Verification Display

The Platform may display Verification Status and related icons to help Users distinguish Verified Machines from Non-Verified Machines. The display of Verification Status is informational only and does not alter the limitations described in these Terms.

7.5 Non-Verified Machine Data

For Non-Verified Machines, all Performance Data is provided by the Supplier without independent validation by TheOptimal. Platform Outputs generated using Non-Verified Machine data carry additional uncertainty, and Users must exercise heightened diligence when relying on such outputs.

7.6 Transactions

Equipment purchases facilitated through the Platform are agreements between Clients and Suppliers. TheOptimal is not a party to such transactions and accepts no liability for the performance, quality, delivery, or fitness of equipment purchased through the Platform.

8. Fees and Payment

8.1 Pricing

Fees are based on your selected plan and usage. Current pricing is available on our website or upon request.

8.2 Payment Terms

Fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.

8.3 Taxes

You are responsible for all applicable taxes. Stated prices exclude taxes unless otherwise noted.

9. Confidentiality

We treat your Performance Data as confidential. We will not share your data with third parties except:

  • As necessary to provide the Service.
  • With your explicit consent.
  • As required by law.
  • In anonymized, aggregated form for analytics.

10. Platform Output Limitations and Disclaimers

10.1 Nature of Platform Outputs

Platform Outputs, including optimization recommendations, machine lineup suggestions, energy savings estimates, cost projections, and efficiency calculations, are computational results generated by mathematical models and algorithms. They are not professional engineering advice, design specifications, procurement directives, or guarantees of real-world performance. Platform Outputs are intended solely as decision-support information to be evaluated alongside independent professional judgment.

10.2 No Guarantee of Accuracy or Outcomes

TheOptimal does not guarantee the accuracy, completeness, reliability, or suitability of any Platform Outputs. Platform Outputs are derived from:

  • Performance Data uploaded by Users and Suppliers, which TheOptimal does not independently verify (except for Verified Machines as described in Section 7.3);
  • Mathematical interpolation, normalization, and optimization algorithms that model idealized operating conditions;
  • Assumptions about operating parameters, medium properties, duty point definitions, and system configurations as defined by the User.

Real-world machine performance may differ materially from modeled predictions due to factors including but not limited to: installation conditions, system resistance variations, wear and degradation, environmental conditions, medium property variations, control system behavior, operator practices, and manufacturer tolerances. TheOptimal accepts no liability for discrepancies between Platform Outputs and actual performance.

10.3 No Endorsement of Machine Configurations

When the Platform identifies an optimized machine lineup or recommends a specific configuration, this represents the mathematically optimal result within the constraints and data provided. It does not constitute an endorsement that the configuration is suitable for your specific site, safe for your operating conditions, or superior to alternative solutions not modeled in the Platform. Multiple viable configurations may exist, and the Platform's selection depends entirely on the inputs, constraints, and solver method chosen by the User.

10.4 Energy Savings and Financial Projections

Any energy savings estimates, cost reduction projections, CO2 reduction figures, or return-on-investment calculations presented by the Platform are forward-looking projections based on modeled scenarios. They are not guarantees of future results. Actual savings depend on real-world operating conditions, energy prices, maintenance practices, and other factors beyond the control of TheOptimal. Users must not represent Platform-generated savings figures as guaranteed outcomes to third parties, auditors, or regulatory bodies without independent verification.

10.5 Compliance and Regulatory Use

Platform Outputs may reference or relate to energy efficiency regulations, audit requirements, or compliance frameworks. Such references are informational only and do not constitute legal, regulatory, or compliance advice. Users are responsible for ensuring that any compliance-related decisions are validated by qualified legal or regulatory professionals. TheOptimal does not warrant that Platform Outputs satisfy any specific regulatory requirement.

10.6 Service Availability

The Service is provided "as is" and "as available." We do not guarantee uninterrupted or error-free operation.

10.7 Third-Party Content

We do not endorse or guarantee products, services, or information provided by Suppliers or other third parties. For Non-Verified Suppliers and Non-Verified Machines, we do not confirm the accuracy of Supplier-provided data.

10.8 Exported Results and Reports

Platform Outputs that are exported, downloaded, printed, or shared outside the Platform carry the same limitations described in this Section 10. Users are responsible for communicating these limitations when sharing Platform Outputs with third parties, stakeholders, or decision-makers. TheOptimal is not liable for reliance on Platform Outputs by any third party who receives exported data.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEOPTIMAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, business opportunities, or goodwill;
  • Equipment damage, operational losses, downtime, or safety incidents;
  • Costs of procurement of substitute goods or services;
  • Damages arising from reliance on Platform Outputs, including but not limited to suboptimal machine selections, underperforming configurations, unrealized energy savings, or procurement decisions based on Platform recommendations;
  • Damages arising from inaccurate, incomplete, or outdated Performance Data provided by Users or Suppliers;
  • Damages arising from the use of Non-Verified Machine data in optimization calculations.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEOPTIMAL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO THEOPTIMAL IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Fundamental Basis of the Agreement

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 11 APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THEOPTIMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND THEOPTIMAL. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

11.4 Mandatory Consumer Rights

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Dutch or European Union law, including liability for intentional misconduct (opzet) or gross negligence (bewuste roekeloosheid).

12. Indemnification

You agree to indemnify, defend, and hold harmless TheOptimal and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service or reliance on Platform Outputs;
  • Decisions made based on Platform Outputs, including procurement, operational, or investment decisions;
  • Your violation of these Terms;
  • Your violation of any applicable law or regulation;
  • Claims by third parties arising from your sharing or distribution of Platform Outputs.

13. Modifications

We may modify these Terms at any time. We will notify you of material changes via email or Platform notification at least thirty (30) days before the changes take effect. Continued use after changes take effect constitutes acceptance. If you do not agree with the modified Terms, you must stop using the Service.

14. Termination

14.1 By You

You may terminate your account at any time by contacting support.

14.2 By Us

We may suspend or terminate your account for violation of these Terms or for any other reason with reasonable notice.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases. You may export your data before termination. Sections 6, 10, 11, 12, 15, and 16 survive termination.

15. Governing Law

These Terms are governed by the laws of the Netherlands. Any disputes shall be resolved in the courts of Eindhoven, Netherlands.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and TheOptimal regarding the Service and supersede all prior agreements and understandings.
  • Severability: If any provision is unenforceable, the remaining provisions continue in effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
  • Waiver: Failure to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our prior written consent. TheOptimal may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: TheOptimal shall not be liable for failure to perform obligations due to circumstances beyond its reasonable control.

17. Contact Information

For questions about these Terms, contact us at:

TheOptimal B.V. Eindhoven, Netherlands Email: legal@theoptimal.nl

Last Updated: February 2026