Legal
AI Features and Agent Terms
Version
1.0
Last updated
These AI Features and Agent Terms ("AI Terms") supplement the Opttab Terms of Service. They apply when you use AI features of the Services, including AI visibility tracking, AI-generated content and ad copy or images, the Opttab Agent chat assistant, and Agent Features such as the Brand Agent, remote MCP servers, ChatGPT apps, Claude connectors and on-site shopping agents. Capitalized terms have the meaning given in the Terms of Service. If these AI Terms conflict with the Terms of Service on AI or Agent matters, these AI Terms prevail.
Part A: All AI features
A1. How AI Output works
AI Output is generated by machine learning models, some provided by third parties. It is probabilistic: the same input can produce different results, and output may be inaccurate, incomplete, outdated, biased or similar to output generated for others. AI Output does not reflect the views of Opttab.
A2. Your review obligation
You are responsible for reviewing, editing and approving AI Output before you publish it, send it to End Customers, use it in advertising, or rely on it for any decision. This includes checking product claims, prices, availability, health, safety, environmental and comparative claims, and compliance with advertising and consumer law. Do not use AI Output as the sole basis for decisions with legal or similarly significant effects on individuals.
A3. Visibility and analytics data
AI visibility metrics (such as mentions, positions, citations, share of voice, sentiment and visibility scores) are measurements taken by Opttab at specific times, in specific markets and languages, using the prompts configured in your workspace. AI assistants personalize and change their answers, so results seen by real users can differ. Prompt volume and demand estimates are modeled estimates, not exact counts. Website and crawler analytics depend on the completeness of data from your connected sources (such as GA4, Cloudflare or Akamai logs), and AI crawler and agent classification relies on signals such as user agents and IP ranges that can be spoofed or change.
A4. No guarantee of results
Opttab does not control any AI assistant, answer engine, search engine or ad platform. We do not guarantee that any recommendation, optimization, content, agent page or campaign will improve your visibility, rankings, citations, traffic or sales.
A5. Ownership and restrictions
As between you and Opttab, you own AI Output generated for you, subject to the Terms of Service. You will not use AI features to generate content that violates the Acceptable Use Policy, infringes third-party rights, or impersonates another brand. You will not present AI Output as human-written where the law requires disclosure that it was AI-generated.
A6. AI-generated images and synthetic content
Where the Services generate images or other synthetic media (for example for ad creatives), we may embed machine-readable markings or metadata that identify the content as AI-generated, as required by article 50(2) of the EU AI Act. You will not remove or tamper with these markings. If you publish AI-generated images or video that resemble real people, places or events (deep fakes), you are responsible for disclosing that the content was artificially generated where article 50(4) of the EU AI Act or other law requires it.
A7. Third-party AI models
Some AI features send your inputs to third-party AI model providers listed on our Subprocessors page, currently OpenAI, Anthropic and Google. Opttab does not use Customer Data to train AI models, and our agreements with these providers do not allow them to train their models on data we submit through their APIs. Third-party model providers may have their own usage policies, which you must also respect.
A8. Prompts tracked in AI assistants
To measure visibility, Opttab sends prompts to AI assistants and answer engines and records their responses. Do not configure prompts that contain personal data, confidential information or content that violates the Acceptable Use Policy.
Part B: Agent Features (Brand Agent, MCP, apps and connectors)
B1. What Agent Features do
Agent Features let you make your brand callable and transactable by AI. You connect sources such as your product feed, authentication, CMS or commerce platform (for example Shopify), shipping aggregators and customer engagement platforms (for example Insider, Braze, Klaviyo or Salesforce Marketing Cloud), choose which actions the agent may perform, and Opttab creates a remote MCP server (for example at mcp.opttab.com/yourbrand) that can be distributed as a ChatGPT app, a Claude connector or an on-site shopping agent. Each agent invocation receives a journey ID so you can trace what happened.
B2. You authorize and control the actions
2.1 You decide which data sources to connect and which actions to enable, such as product search, recommendations, cart creation, order placement, order status, returns, account actions or marketing sign-ups. By enabling an action you instruct and authorize Opttab to perform it on your behalf whenever it is invoked by an AI assistant or End Customer through your agent, within the limits you set.
2.2 You are responsible for the configuration, the scopes and credentials you grant, and for testing your agent before making it available. Grant only the minimum access needed. You can disable an action or the whole agent at any time in the Services.
2.3 Actions carried out through your agent are legally your actions toward your End Customers. Opttab acts as your technical service provider and processor and, for listings on Third-Party Platforms, as publisher of record as described in section B5.
B3. You are the merchant
3.1 You are the seller and merchant of record for all products and services offered through your agent. Opttab is not a party to any contract of sale between you and an End Customer, does not take title to goods, and is not a marketplace, commercial agent or payment service provider.
3.2 Payments are processed by you, your payment service provider, or the relevant AI platform's checkout service, under their terms. Opttab never receives, holds, routes or transfers End Customer payments, funds or card data. Your own checkout handles payment.
3.3 You are responsible for all obligations toward End Customers, including: pre-contractual information and order confirmation (for EU consumers, for example, the information required by the Consumer Rights Directive and articles 6:230m and 6:230v of the Dutch Civil Code), correct price indication including taxes and delivery costs, the right of withdrawal, the "order with obligation to pay" requirement for order buttons, warranties, delivery, returns, refunds, product safety, customer service, invoicing and taxes.
3.4 You will make sure that your product data, prices, stock and shipping information are accurate and current. Opttab is not liable for orders placed or information given on the basis of inaccurate Customer Data, or for errors caused by Third-Party Platforms.
B4. AI disclosure to End Customers
Your agent interacts directly with people. Opttab designs Agent Features so that End Customers are informed that they are interacting with an AI system, as required by article 50(1) of the EU AI Act. You will not remove or obscure this disclosure, and you will not configure your agent to claim to be human.
B5. Distribution on Third-Party Platforms
5.1 Opttab publishes ChatGPT apps, Claude connectors and similar listings for your agent under Opttab's own developer account. Opttab is the publisher and developer of record with the platform operator (such as OpenAI or Anthropic), and the listings are subject to that operator's terms, policies and review processes. Your agent may be listed under your brand name.
5.2 You remain the seller and merchant of record (see section B3) and are responsible for your catalog, product data, prices, offers, claims and the actions you enable, including their compliance with the platform operator's policies that apply to merchants and listed content. You grant Opttab a non-exclusive license, for the term of your subscription, to use your brand name, logos and Customer Data to create, publish and maintain your listings.
5.3 A platform operator may reject, suspend or remove your app or connector, limit its functionality, or change how agents can transact. Opttab is not liable for these decisions.
5.4 AI assistants decide independently when to call your agent, how to present its responses, and what to tell the End Customer. Opttab does not control and is not responsible for how an AI assistant uses or presents the data returned by your agent.
5.5 Because listings are published under Opttab's developer account, Opttab may suspend, change or remove your listing, or disable your agent on a platform, if we reasonably believe that it violates these AI Terms, the Acceptable Use Policy, the platform operator's policies or the law, or puts Opttab's developer account at risk, or if your subscription ends. We will give notice where reasonably possible and limit the measure to what is necessary.
B6. Customer engagement and marketing
If you connect Insider, Braze, Klaviyo, Salesforce Marketing Cloud or another engagement platform, you are responsible for having a valid legal basis and any required consent for marketing communications to End Customers, including under the GDPR, the ePrivacy rules (in the Netherlands, article 11.7 of the Telecommunications Act), CAN-SPAM and the Telephone Consumer Protection Act where relevant. Do not configure your agent to subscribe End Customers to marketing without their explicit opt-in where consent is required.
B7. Journey IDs and logs
Each invocation is logged with a journey ID, the action requested, the result and relevant metadata, to let you audit, troubleshoot, measure conversion and handle disputes. These logs may contain End Customer personal data, which we process as your processor under the DPA. Retention: 12 months from the date of the invocation, after which logs are deleted or anonymized.
B8. Safeguards and limits
Opttab may apply rate limits, fraud and abuse controls, confirmation steps for high-risk actions, and value or quantity limits. We may block an invocation or suspend an agent if we reasonably believe it is being abused, is causing harm, or violates law or platform policies.
B9. Prohibited agent uses
Do not use Agent Features to sell products or services that are illegal or restricted in the End Customer's jurisdiction, including weapons, illegal drugs, prescription medicines without the required authorizations, tobacco and vaping products or alcohol to minors, gambling, adult content, financial products requiring a license, or counterfeit goods, or to make automated decisions with legal or similarly significant effects on individuals (article 22 GDPR). The Acceptable Use Policy also applies.
B10. Liability for Agent Features
The limitations of liability and your indemnity obligations in the Terms of Service apply to Agent Features. In particular, Opttab is not liable for orders, returns, refunds, cancellations, messages or other actions that were executed in line with your configuration, your Customer Data, or instructions given by an End Customer or AI assistant.
Part C: ChatGPT advertising campaigns
C1. If you use Opttab to plan, create or manage advertising campaigns on ChatGPT or another AI advertising platform, the platform's advertising terms and policies apply. You are the advertiser. You are responsible for the content of ads, landing pages, targeting choices, claims, budgets and compliance with advertising law, including transparency rules for online advertising under the Digital Services Act.
C2. Opttab does not guarantee ad approval, delivery, reach, placement, cost or performance. Unless your Order Form says otherwise, campaigns run in your own advertising account with the platform, you remain the advertiser and account holder, and the platform bills ad spend to you directly. Opttab acts on your instructions as a service provider and does not buy media in its own name.
Part D: EU AI Act roles
Opttab is the provider of the AI features it makes available under its own name. When you deploy the Brand Agent or other AI features toward End Customers, you are a deployer under the EU AI Act and responsible for deployer obligations, including AI literacy of your staff (article 4) and the transparency obligations that apply to deployers. Opttab does not design Agent Features for any use listed as high-risk in Annex III of the EU AI Act, and you may not use them for such purposes.