Terms and Conditions of Use
Last updated: April 23, 2026
1. Corporate Relationship and Acceptance of Terms
Opptima LLC, as an omnichannel communications platform, declares that the provision of its Email Marketing, Bulk SMS, Transactional SMTP and WhatsApp Business API services is subject to and fully governed by the General Terms and Conditions of clickpanda.com (clickpanda Group). The user accepts that use of the Opptima infrastructure entails automatic adherence to the security, privacy and acceptable use policies of clickpanda.com. Click Panda S.A.S., NIT 900.892.322-8, domiciled in Bogotá, Colombia, is the entity responsible for service provision in Latin America.
2. Scope of Services
These General Terms govern the provision of web hosting, domain registration, server, electronic messaging, software applications and tools services (hereinafter, the Services), as well as other services that may be offered to the CLIENT in the future in exchange for the corresponding fee. Such Services grant the CLIENT a right to use the offered products, subject to the terms, conditions and deadlines established herein.
3. Modifications
Opptima may modify these General Terms by notifying the CLIENT. Acceptance of the modification shall be deemed given unless the CLIENT rejects it within four weeks of receiving notification. In the event of rejection, the General Terms under which the CLIENT contracted shall remain in force.
4. CLIENT Rights and Obligations
The CLIENT is entitled to use the contracted Services in accordance with the General and Specific Terms. The CLIENT must use the Services in accordance with the agreed conditions, applicable law and good faith. The CLIENT must be at least 18 years of age, pay the agreed fees and provide accurate and complete information, immediately notifying us of any changes.
5. Acceptable Use and Prohibitions
Using the Services in a manner contrary to good faith is prohibited. The CLIENT shall refrain from: engaging in activities contrary to Colombian law or that infringe third-party rights; publishing violent, obscene, abusive, illegal, xenophobic or defamatory content; using cracks, software serial numbers or content that infringes intellectual property rights; collecting personal data without consent; using the mail server for spam, mail bombing, phishing, escrow fraud, scam 419, pharming or virus distribution. Opptima advises that outgoing emails are automatically filtered to detect such activities.
6. User Account
To access the Platform, the CLIENT must create an account by providing truthful and up-to-date information. The CLIENT is responsible for maintaining the confidentiality of their account and password, all activities carried out under their account, and immediately notifying any unauthorized use. Opptima may suspend or cancel accounts that violate these terms.
7. Billing and Payments
Opptima offers various plans with different send limits. Billing may be monthly or annual. Prices do not include VAT unless otherwise stated. Plans include basic technical support; Enterprise plans include a dedicated Email Specialist. The CLIENT may cancel their plan at any time from the administration panel.
8. Intellectual Property
The Opptima Platform, its code, design, logos and content are the intellectual property of clickpanda Group. The CLIENT may not copy, modify, distribute, sell or reverse-engineer the Platform without express written consent.
9. Privacy and Data Protection
The privacy of the CLIENT's data is paramount. clickpanda Group processes personal data in accordance with the Privacy Policy, in compliance with Law 1581 of 2012 (Colombia) and the GDPR (EU). The CLIENT may exercise their rights of access, correction, deletion and portability by contacting legal@opptima.co.
10. Limitation of Liability
Opptima is provided 'as is' without warranties of any kind. We do not guarantee 100% delivery as this depends on external factors (internet providers, anti-spam filters, etc.). Maximum liability shall not exceed the value of the monthly plan contracted. We are not responsible for indirect or consequential damages.
11. Term Modifications
clickpanda Group may modify these Terms at any time. Modifications will take effect 30 days after being published on the Platform. Continued use of Opptima after modifications constitutes acceptance of the new terms.
12. Termination
Either party may terminate the agreement: the CLIENT by cancelling their plan from the panel, or Opptima with 30 days' email notice. After termination, the CLIENT will have 15 days to export their data. Terms relating to intellectual property, limitation of liability and privacy will survive any termination.
13. Domain Regime
Opptima acts solely as an intermediary between the CLIENT and the corresponding domain registration organization. Opptima has no influence over domain allocation and does not guarantee that requested domains will be granted or that granted domains are free of third-party rights.
14. Anti-Spam Policy
Spam that overloads services or interrupts service to Opptima subscribers is prohibited. The term 'spamming' includes sending unsolicited emails, maintaining an open SMTP policy, or sending to mailing lists that are not double opt-in. Opptima allows a maximum of 100 emails per hour from any individual hosting account.
15. International Payment Processing
Some payments may be processed by Opptima LLC, incorporated in the United States of America, through the Stripe payment gateway. Opptima LLC acts solely as a billing intermediary and does not participate in service provision, which is the exclusive responsibility of Click Panda S.A.S., NIT 900.892.322-8, a company legally incorporated in Colombia.
16. Invoicing and Taxes
Click Panda S.A.S. (NIT 900.892.322-8) is the sole entity responsible for issuing electronic invoices for acquired services, in accordance with Colombian tax regulations before the DIAN. Opptima LLC and Stripe do not issue Colombian tax invoices nor assume tax obligations in Colombia.
17. Refund Policy
The CLIENT may request a refund within 30 days for products, except for domains whose registration covers an annual period. For monthly orders, a refund may be requested within 48 hours of product activation. All refund requests must be accompanied by clear reasons.
18. Governing Law and Jurisdiction
The parties submit to the competent courts of the Republic of Colombia for the final resolution of all disputes arising from the contractual relationship.
19. Contact
For inquiries about these Terms, contact legal@opptima.co. Our legal team will respond within 5 to 7 business days. For technical support, write to soporte@clickpanda.com.
20. Eligibility and Account Requirements
To use the service properly, you must: be of legal age and have no legal restrictions on entering into contracts; complete the registration process; accept the terms and conditions of use; provide truthful, complete and current payment and contact information; not be located in countries with recognized restrictions. By using the service, you represent and warrant that you meet all requirements and will not make inappropriate use that violates any law or regulation. Opptima may deny service, close accounts or change eligibility requirements at any time.
21. Agreement Term
When you create an account and accept the terms, the agreement is deemed formalized and the terms take effect immediately. The terms will remain in force for as long as you have an account with Opptima and until you or we terminate the service. By registering on behalf of a company, you warrant that you are fully authorized to accept these terms.
22. Account Closure and Termination
You or Opptima may terminate the agreement at any time and for any reason. Upon termination of your account, the other party will be notified. If we close your account without cause while your account is active, we will refund the remaining unused time. No refund will be made for accounts suspended for violation of the agreement. If your account remains inactive for 24 months or more, it will be closed. Once terminated, all associated data will be permanently deleted.
23. Credentials and Security
You are responsible for keeping your username and password confidential. You are also responsible for any account to which you have access and all activity carried out within those accounts. You must immediately notify us of any unauthorized access or use. We are not responsible for loss of information due to passwords compromised through your negligence. You have the right to update contact and billing information.
24. Service Plans: Prepaid and Postpaid
Prepaid: You purchase credits to use the service. Credits do not expire and accumulate with new purchases. If your account remains inactive for more than 12 months, you will forfeit the credits. Postpaid: You may send unlimited messages at an agreed price. On the first day of each month, a billing statement is generated. You have 45 days to pay before the service is suspended.
25. Intellectual Property — CLIENT Rights
You warrant that you own or are authorized to use the material, content and data you register in our database. You will remain the owner of the content you share and upload to the platform, only as described in our terms and privacy policy.
26. Campaign Review
We may view, copy and distribute the internal content of your campaigns and account to create tools that help us detect problematic accounts and improve the service. These tools are used by our team to identify members who violate terms or laws, and to analyze data to create a safer and more effective service.
27. General Rules and Prohibited Content
By accepting these terms, you agree to: not send SPAM; not use purchased or third-party lists; comply with our acceptable use policy. Opptima does not allow accounts that promote harm, discrimination, hate or harassment. It is prohibited to send: offensive materials, illegal products, content that violates SPAM laws, pornographic material. Certain industries may not use our system: dating services, pharmaceuticals, gambling, multilevel marketing, sale of likes/followers, cryptocurrency.
28. Prohibited Actions and Best Practices
You must not: send spam or unsolicited bulk emails without authorization; store material that infringes third-party rights; use misleading information; share passwords; use external cancellation processes; set up multiple accounts to send similar content; import social security numbers or confidential information. We provide best practices articles and may suspend or cancel accounts that violate them.
29. Privacy and Data Protection
Opptima takes reasonable steps to ensure that data is reliable, accurate and up to date. You can manage many settings in your control panel. Your contacts have rights of access, correction, update and deletion. If a contact exercises these rights, we must notify you so that you can respond. You may also opt out of data analytics projects.
30. Deliverability and Limitations
We do not guarantee 100% message delivery. Mail providers may block or classify our emails as spam due to internal policies beyond our control. You must comply with the laws of your country, including CAN-SPAM. Bounce rates must be below 5% and spam rates below 0.1%. Our system may suspend accounts that exceed these rates.
31. IP Addresses and Blacklists
Our system sends each email through rotating IP addresses to improve deliverability. It is inevitable that these addresses may occasionally appear on blacklists. Even if we show that an email was delivered, it may not reach the recipient due to the receiving server's internal classification. Your domain is also associated with delivery reputation.
32. Dedicated Channels
When you acquire a dedicated channel, the IP address is for exclusive use and is not shared. Reputation builds progressively based on content quality and sending consistency. We do not guarantee that blocks will not occur. We are responsible for keeping them active and correctly configured. In the event of a block, we may temporarily use shared addresses.
33. Service Features
We improve and add features every day. Some may be added or removed without prior notice. Not all features are compatible with all mail providers. Recipients may receive emails differently due to style sheets, fonts and blocked images. Open and click rates are estimated; some providers block images.
34. Limits of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss arising from your use of the site. We will not be liable for indirect, punitive or special damages. Our total liability in any month shall not exceed the value of what you paid us that month. We will not be liable if you use the service in violation of our acceptable use policy.
35. Warranties, Indemnification and Final Provisions
We provide the service as is, without express or implied warranties. You agree to indemnify us for any loss arising from your content, use of the service, violations of law or false representations. We may suspend or terminate accounts that violate these terms. The following terms will survive any termination: property rights, liability limits, indemnifications. We are not responsible for the behavior of third parties. This agreement is governed by the laws of Colombia.