These Terms of Service (“Terms”) govern your access to and use of the Aether platform, applications, and related services (together, the “Service”), provided by Optim Enterprises B.V. (“Aether”, “we”, “us”). By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you are authorised to bind that organisation.
1. Who we are
The Service is provided by Optim Enterprises B.V., a private limited company (besloten vennootschap) incorporated in the Netherlands, registered with the Dutch Chamber of Commerce under number 70926638 (RSIN 858513699, VAT NL858513699B01), with its registered office in Amsterdam, Netherlands. You can reach us at info@aether-io.com.
2. Merchant of Record
Payments for paid subscriptions are handled by Paddle (Paddle.com Market Ltd) acting as our Merchant of Record and authorised reseller. When you make a purchase, your payment contract for that transaction is with Paddle, and Paddle is responsible for collecting payment, charging applicable taxes (including VAT/GST), and issuing invoices. Paddle’s buyer terms apply to the payment transaction. The Service itself is provided to you by Optim Enterprises B.V. under these Terms.
3. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract to use the Service.
- You are responsible for the accuracy of your account information and for keeping your credentials secure.
- You are responsible for all activity that occurs under your account, including activity by users you authorise.
4. Subscriptions, plans, and billing
- The Service is offered on the plans described on our Pricing page. Residential is billed as a flat monthly fee for up to five devices; Open and Pro are billed per active device per month; Enterprise is billed under a separate written agreement.
- Subscriptions are billed in advance on a recurring monthly cycle and renew automatically until cancelled.
- For per-device plans, charges are calculated on the number of active devices attributed to your account during the billing period.
- Prices are stated exclusive of taxes; applicable taxes are calculated and collected by Paddle at checkout.
- We may change plan pricing or features on prospective notice; changes take effect from your next renewal.
5. Cancellation and refunds
You may cancel at any time; cancellation takes effect at the end of your current billing period. Refund eligibility, including the statutory right of withdrawal for consumers, is described in our Refund & Cancellation Policy, which forms part of these Terms.
6. Acceptable use
You agree not to, and not to permit anyone to:
- use the Service in violation of any applicable law or third-party rights;
- attempt to gain unauthorised access to the Service, other accounts, or connected devices;
- interfere with, disrupt, or place undue load on the Service or its infrastructure;
- reverse engineer or resell the Service except as expressly permitted in writing;
- use the Service to transmit malware or to conduct unlawful surveillance.
7. Intellectual property
The Service, including its software, design, and documentation, is owned by Optim Enterprises B.V. and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain all rights to the data you submit to the Service.
8. Service availability and warranties
We aim to provide a reliable Service and offer service-level commitments on the plans that include them. Except for those express commitments and any rights you have as a consumer under applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.
9. Limitation of liability
To the maximum extent permitted by law, Optim Enterprises B.V. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid for the Service in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including your statutory rights as a consumer.
10. Suspension and termination
We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Service or other users. You may terminate at any time by cancelling your subscription. On termination, your right to use the Service ends; provisions that by their nature should survive will survive.
11. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by email or through the Service. Your continued use after the changes take effect constitutes acceptance.
12. Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to conflict-of-laws rules. Disputes will be subject to the competent courts of the Netherlands, unless mandatory consumer-protection law entitles you to bring proceedings in your country of residence. Consumers in the EU/EEA retain all mandatory statutory rights.
13. Contact
Questions about these Terms can be sent to info@aether-io.com.