Terms of Service & Hardware Recommendation Agreement

1. Acceptance of Terms and Legal Capacity

These Terms of Service ("Terms", "Agreement") constitute a legally binding contractual agreement between you ("User", "you", or "your") and OptiSettings ("OptiSettings", "Service", "we", "us", or "our"), governing your access to and use of our analytical web platform, calculators, and hardware optimization databases located at this website and any associated subdomains.

By accessing or using any aspect of the Service, you affirm and warrant that you are at least 18 years of age or the age of majority in your jurisdiction of residence, or that you possess legal parental or guardian consent to enter into these binding terms. If you do not accept and agree to all terms and conditions contained herein, you must immediately terminate your use of the Service and refrain from applying any recommendations, configurations, or parameters provided by OptiSettings.

2. Nature of Service: Analytical Approximations Only

OptiSettings is an educational and analytical computational tool designed to provide theoretical graphics setting configurations for personal computer games based on synthetic models and public benchmark archives. You expressly recognize and agree that:

• All framerate estimations (including average frames per second, 1% low metrics, and frame-time latencies) are non-guaranteed mathematical estimations generated using generalized hardware scores.
• Hardware performance is fundamentally non-deterministic and is influenced by hundreds of external physical and environmental variables that cannot be monitored or controlled by this Service, including but not limited to ambient room temperatures, silicon lottery variance, chassis airflow and fan curves, thermal paste degradation, VRM power delivery constraints, background processes, anti-cheat kernel modules, operating system scheduler revisions, display driver inconsistencies, and motherboard BIOS firmware versions.
• OptiSettings does not guarantee, warrant, or represent that applying recommended settings will result in any specific framerate, visual fidelity, stability level, or competitive advantage.

3. Absolute Disclaimer of Warranties ("AS IS" and "AS AVAILABLE")

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, INCLUDING ALL ALGORITHMIC RECOMMENDATIONS, PERFORMANCE ESTIMATES, SETTINGS GUIDES, SPECIFICATIONS, AND DOCUMENTATION, IS PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED.

OPTISETTINGS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTIES ARISING THROUGH USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE; (C) ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR TIMELINESS OF THE RESULTS; AND (D) ANY WARRANTY THAT THE OPERATION OF THE SERVICE OR THE APPLICATION OF ITS RECOMMENDATIONS WILL BE UNINTERRUPTED, SECURE, ACCURATE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

4. Total Release and Exclusion of Liability for Hardware, Software, and System Harm

YOU EXCLUSIVELY BEAR ALL RISKS ASSOCIATED WITH IMPLEMENTING ANY GRAPHICS SETTINGS, SYSTEM CONFIGURATIONS, RESOLUTION CHANGES, OR REFRESH RATE MODIFICATIONS SUGGESTED BY OPTISETTINGS. UNDER NO LEGAL CIRCUMSTANCE, INCLUDING NEGLIGENCE OR STRICT LIABILITY, SHALL OPTISETTINGS, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH:

• Personal Computer System Crashes & Freezes: Operating system lockups, kernel panics, Blue Screen of Death (BSOD) stop errors, driver timeouts, or unexpected system reboots;
• Hardware Damage & Component Failure: Physical or electronic damage to central processing units (CPU), graphics processing units (GPU), video memory modules (VRAM), motherboard power stages (VRM), power supply units (PSU), storage devices (SSD, HDD), or monitor display panels;
• Overheating & Thermal Stress: Elevated operating temperatures, fan bearing failure, thermal throttling, thermal degradation of solder joints, or capacitor bulging;
• Game Client & Application Instability: Game crashes, executable crashes, memory leaks, direct 3D device removal errors (e.g. DXGI_ERROR_DEVICE_REMOVED), Unreal Engine D3D device crashes, Vulkan surface loss, or anti-cheat conflicts;
• Data Corruption & Data Loss: Corrupted game save files, destroyed registry keys, unsaved software progress, ruined cloud synchronizations, or system restore failures;
• Reduced or Degraded Performance: Lower than anticipated frame rates, severe frame stuttering, micro-stutters, texture pop-in, screen tearing, frame pacing irregularity, or display artifacts;
• Incorrect or Erroneous Recommendations: Any inaccuracy, typographical error, omission, or flaw within our hardware database or optimization logic.

IF APPLICABLE LAW IN YOUR JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS OF ANY NATURE SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) TEN UNITED STATES DOLLARS ($10.00 USD), OR (B) THE AMOUNT PAID BY YOU DIRECTLY TO OPTISETTINGS IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

5. User Responsibilities & Temperature Monitoring Directives

As a condition of using this Service and implementing its suggestions, you agree and covenant to uphold the following user responsibilities:

• Thermal Monitoring: You are solely responsible for actively monitoring hardware temperatures (using verified utilities such as HWiNFO64, MSI Afterburner, or manufacturer telemetry tools) when playing graphically demanding software. If your GPU core exceeds 85°C, GPU hotspot/memory exceeds 100°C, or CPU exceeds 90°C, you must immediately lower graphics settings, check cooler contact, or improve case ventilation.
• Manufacturer Specifications: You agree never to run hardware outside of manufacturer rated thermal and power specifications based on any suggestions from our service.
• Game Compatibility: You must ensure that your operating system updates, DirectX runtimes, Vulkan runtimes, and GPU drivers are up to date and verified against the specific game build you are running.
• Backup Precautions: You are solely responsible for creating regular backups of critical system files, game configurations, and game save data prior to modifying graphics configuration files (.ini, .cfg, .json).

6. Intellectual Property & Permitted Use

All proprietary algorithms, user interface designs, mathematical scoring models, textual guides, logos, icons, CSS styles, and codebases comprising OptiSettings are the exclusive intellectual property of OptiSettings and are protected under international copyright, trademark, and trade secret laws.

We grant you a personal, non-exclusive, non-transferable, revocable, and limited license to access and view the Service for individual, non-commercial purposes. You may not scrape, crawl, reverse engineer, decompile, extract, mirror, frame, redistribute, or commercially exploit any algorithm, data table, or benchmark hierarchy contained on this platform without express prior written consent from OptiSettings.

7. Third-Party Trademarks & Fair Use Statement

All third-party video game titles, company names, publisher logos, game developer designations, and hardware brands (including but not limited to NVIDIA®, AMD®, Intel®, GeForce®, Radeon®, Valve®, Counter-Strike®, CD PROJEKT RED®, Cyberpunk 2077®, Rockstar Games®, Grand Theft Auto®, Epic Games®, Fortnite®, Riot Games®, Valorant®, Electronic Arts®, FromSoftware®, Bandai Namco®, Bethesda®, Warner Bros. Games®, Ubisoft®) referenced throughout this Service are the registered trademarks and copyrights of their respective owners.

Reference to any specific commercial product, process, service, trademark, or manufacturer does not constitute an endorsement, recommendation, affiliation, or sponsorship by OptiSettings or by the trademark holders. All references are made strictly under nominative fair use for descriptive, analytical, educational, and computational identification purposes.

8. Indemnification

You agree to defend, indemnify, and hold harmless OptiSettings, its affiliates, directors, officers, contractors, licensors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees and court costs) arising out of or in any way connected with: (A) your access to or use of the Service; (B) your application of any settings, recommendations, or data provided herein; (C) your violation of these Terms; or (D) your infringement or violation of any rights of a third party, including intellectual property or privacy rights.

9. Governing Law, Mandatory Arbitration, and Jurisdiction

These Terms and any dispute or controversy arising out of or relating to your use of the Service shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING THE FORMATION, INTERPRETATION, BREACH, OR TERMINATION THEREOF, SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST OPTISETTINGS.

10. Severability and Entire Agreement

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and OptiSettings concerning your access to and use of the platform, superseding all prior or contemporaneous understandings, representations, or negotiations.

11. Modifications and Inquiries

OptiSettings reserves the right, at its sole discretion, to modify, update, or replace any portion of these Terms at any time by posting the revised version on the website. Continued use of the Service following the posting of modifications constitutes affirmative acceptance of the revised Terms.

For questions, legal notices, or inquiries concerning these Terms of Service, please contact our administrative desk at legal@optisettings.local.