Last updated: January 27, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Optando, LLC, a Delaware limited liability company (“Optando”, “we”, “us”, or “our”), governing your access to and use of EVAP.io and any related software, applications, websites, APIs, SDKs, or services provided by Optando (collectively, the “Service”).
By accessing or using the 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.
For purposes of these Terms:
Unless otherwise stated, references to “you” include both Customers and End Users, as applicable.
The Service provides real-time communications and related functionality delivered through web-based, mobile, or embedded software interfaces. Optando may offer the Service under its own branding or as a white-label or enterprise solution on behalf of Customers.
Optando does not control, monitor, or assume responsibility for Customer-specific configurations, branding, policies, or End User interactions, except as required to operate and secure the Service.
Optando implements technical and organizational measures designed to protect the confidentiality, integrity, and availability of the Service and User Content.
Certain communications transmitted through the Service may be protected using encryption technologies. However, no method of transmission or storage is completely secure, and Optando does not guarantee absolute security.
Customers acknowledge that security configurations, endpoint devices, network conditions, and Customer-specific deployments may affect the overall security posture of the Service as experienced by End Users.
You may not use the Service if you are located in, or are a national or resident of, any country subject to U.S. government embargoes or sanctions, or if you are listed on any U.S. government restricted party list.
You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.
You represent and warrant that:
Optando’s collection, use, and processing of personal data in connection with the Service is governed exclusively by Optando's Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you acknowledge that you have reviewed the Privacy Policy and understand that it describes how personal data is handled in connection with the Service.
Access to certain features of the Service may require account credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.
You agree to notify Optando promptly of any unauthorized access or security breach. Optando is not responsible for losses resulting from unauthorized use of your account.
You agree not to:
Use of the Service is subject to Optando's Acceptable Use Policy, which is incorporated by reference and may be updated from time to time.
Optando reserves the right to suspend or terminate access to the Service to protect security, integrity, availability, or to comply with legal obligations, with or without notice.
The Service is not intended for use in emergency, medical, life-safety, or other high-risk situations where failure or delay could result in harm.
You retain ownership of your User Content. By using the Service, you grant Optando a limited, non-exclusive license to process, transmit, and display User Content solely as necessary to provide and operate the Service.
You are solely responsible for User Content and represent that you have all necessary rights, permissions, and consents to submit it.
Optando does not review or monitor User Content except as necessary to operate, secure, maintain, or improve the Service, or as required by law.
The Service may be offered as a white-label or enterprise solution under Customer branding. Customers may impose additional terms or policies on End Users, provided such terms do not conflict with these Terms.
Customers are responsible for End User conduct, content, and compliance obligations arising from their deployment of the Service.
Customers are responsible for providing appropriate notices and disclosures to End Users regarding their use of the Service, to the extent required by applicable law.
All intellectual property rights in the Service, excluding User Content, are owned by or licensed to Optando. Nothing in these Terms grants you ownership rights in the Service.
The Service may integrate with or link to third-party services. Optando is not responsible for third-party content, policies, or practices.
Optando respects intellectual property rights and expects users to do the same. The Service is a communications platform and does not provide Optando with access to the contents of user communications.
Optando may respond to notices of alleged copyright infringement or other intellectual property violations as required by applicable law, including by restricting or terminating access to the Service for repeat or egregious violators.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTANDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Service is provided over the internet and relies on software, hardware, networks, and third-party services that are not under Optando’s control. As a result, the Service may experience interruptions, delays, data loss, errors, bugs, or other technical failures.
Optando does not guarantee that the Service will be uninterrupted, timely, error-free, or free from defects, nor that any defects will be corrected.
Without limiting the generality of the foregoing, Optando shall not be responsible or liable for any issues arising from or related to:
You acknowledge that use of real-time communications software inherently involves technical limitations and risks, and you accept those risks by using the Service.
Optando is not responsible for the loss, corruption, or unavailability of User Content except to the extent caused by Optando’s willful misconduct or gross negligence, where such limitation is not prohibited by law.
Optando does not guarantee that the Service will be available at all times or for any particular duration. The Service may be modified, suspended, or discontinued, in whole or in part, at any time.
Without limiting the foregoing, the Service may be unavailable or discontinued due to business decisions, technical limitations, changes in law or regulation, intellectual property disputes (including patent claims), third-party dependencies, contractual restrictions, or events outside of Optando's reasonable control.
Optando shall have no obligation to continue to provide the Service or any feature thereof, and shall not be liable for any resulting unavailability, suspension, or discontinuation, except where prohibited by law.
To the maximum extent permitted by law, any liability of Optando arising out of or relating to the Service shall be limited solely to Optando, LLC. No liability shall extend to Optando's owners, members, managers, officers, directors, employees, contractors, agents, or representatives, whether in contract, tort, or otherwise.
You agree to indemnify and hold harmless Optando from claims arising out of your use of the Service, your User Content, or your violation of these Terms.
Optando may suspend or terminate access to the Service at any time to protect security, integrity, or compliance with law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Exclusive venue shall lie in courts located in Delaware.
Optando may modify these Terms of Service at any time. Changes become effective when posted to the Service. Your continued access to or use of the Service after changes become effective constitutes acceptance of the updated Terms.
If any provision is held unenforceable, the remaining provisions shall remain in effect. These Terms constitute the entire agreement regarding the Service.