Terms of Service

1. Agreement and eligibility

These Terms form a binding agreement between you and Octane Creative AI, including the Octane contracting entity identified on an order form or invoice ("Octane," "we," "us," or "our"). By creating an account, accepting an order form, or using the Service, you accept these Terms, our Acceptable Use Policy, and any order form. You acknowledge our Privacy Policy and AI and Creative Output Notice.

You must be at least 18 and able to enter a binding contract. If you use the Service for an organization, you represent that you have authority to bind it, and "you" includes that organization. The Service is for business and professional use, not personal, family, or household use.

2. The Service

Octane provides AI-assisted advertising research, creative analysis, brand and competitor intelligence, content generation, editing, and production tools. Features may be beta, experimental, changed, suspended, or discontinued. Documentation, examples, scores, estimates, and recommendations are part of the Service but are not guarantees.

You are responsible for your campaigns, media spend, publication decisions, required approvals, and legal review. Octane is not an advertising agency, law firm, financial adviser, or substitute for qualified professional advice.

3. Accounts and teams

• ·Keep account information accurate and credentials confidential.
• ·Use reasonable security controls and notify us promptly of suspected compromise.
• ·You are responsible for activity under your account and for users you invite.
• ·Team owners control membership, billing, shared workspaces, and shared credit balances.
• ·Do not share individual credentials, bypass seat limits, or create accounts to evade restrictions.

We may rely on instructions from an account owner or authorized administrator. If you join an organization's workspace, that organization may access, export, control, or delete content associated with the workspace.

4. Your content and permissions

Your content

You retain rights you hold in prompts, uploads, brand materials, product images, instructions, and other content you submit ("Customer Content"). You grant Octane and its subprocessors a worldwide, non-exclusive, limited license to host, copy, transmit, modify, display, and process Customer Content only as needed to provide, secure, support, and improve the Service, comply with law, and enforce these Terms.

Your assurances

You represent that you have all rights, licenses, notices, consents, and lawful bases needed for Customer Content and our processing of it. This includes rights relating to copyright, trademarks, publicity, likeness, privacy, personal data, confidential information, music, and talent. Do not upload regulated or sensitive data unless we expressly agree in writing.

Confidentiality

Each party will use the other party's non-public confidential information only to perform under this agreement and will protect it using reasonable care. Standard exclusions apply for information that is public without breach, already known without restriction, independently developed, or lawfully received from another source. A legally compelled disclosure may be made after notice where lawful.

5. AI-generated and assisted output

As between you and Octane, and to the extent permitted by law, you may use output generated for you ("Output") subject to these Terms and third-party rights. Octane does not promise that Output is unique, accurate, protectable, non-infringing, available for exclusive use, or suitable for publication. Other users may receive similar output. Rights in Output may vary by jurisdiction and may depend on meaningful human authorship.

Before using Output, you must review it for accuracy, substantiation, bias, prohibited or regulated claims, intellectual property, likeness and publicity rights, platform policies, and required AI or advertising disclosures. You must not present synthetic people, testimonials, endorsements, reviews, performance data, or events as real. More detail appears in the AI and Creative Output Notice.

6. Third-party advertising and market data

Octane may display or analyze ads, brand assets, websites, public metrics, and other materials obtained from public sources or third-party services. Those materials remain the property of their respective owners. Their presence does not imply affiliation, endorsement, permission to copy, or a license beyond rights available under applicable law.

Market signals such as ad duration, reach ranges, inferred performance, rankings, scores, and benchmarks may be incomplete, delayed, estimated, or affected by selection bias. Use them as directional research, not verified sales, conversion, spend, or profitability data.

7. Acceptable use

You must comply with the Acceptable Use Policy. Among other restrictions, you may not use the Service to violate law or rights, create deceptive ads or impersonations, generate unlawful discriminatory targeting, exploit minors, distribute malware, scrape or probe the Service, bypass access controls or limits, reverse engineer protected components, or resell access without written permission.

8. Octane technology and feedback

Octane and its licensors retain all rights in the Service, software, interfaces, workflows, taxonomies, scoring systems, models, prompts, documentation, branding, and aggregated or de-identified insights. Except for the limited right to use the Service during the subscription term, no rights are granted by implication. Feedback may be used without restriction or compensation, provided it does not identify you or disclose Customer Content.

9. Plans, trials, credits, and payment

Subscriptions and renewal

Paid subscriptions renew automatically for the billing period shown at checkout until canceled. You authorize Octane and its payment processor to charge applicable fees, taxes, and approved add-ons. Prices and plan limits are those shown at checkout or in an order form. We may change future pricing or limits with reasonable advance notice.

Trials

Trial access may be limited in duration, features, and credits. Unless a paid plan is activated, trial access may lock or end automatically. We may modify or withdraw trials at any time and may limit one trial per person, organization, payment method, or domain.

Credits

Credits are a limited, revocable license to use metered Service features. They have no cash value, are not transferable except through an authorized team account, and are not a stored-value product. Monthly credits reset at the end of the applicable period and do not roll over. Purchased top-up credits do not expire while the account remains open, unless an order form states otherwise. Credit costs may vary by feature and may change prospectively.

Cancellation, refunds, and failed payment

You may cancel through the billing portal. Cancellation takes effect at the end of the paid period unless law requires otherwise. Fees are non-refundable and non-creditable except where required by law or expressly stated in an order form. Failed, reversed, disputed, or overdue payments may result in immediate suspension or lockout. You remain responsible for accrued amounts and reasonable collection costs.

10. Privacy and data processing

Our Privacy Policy explains how we handle personal data as a controller. When Octane processes personal data in Customer Content on your behalf, our Data Processing Addendum applies if data protection law requires it. Current service providers are listed on the Subprocessor List.

11. Suspension and termination

We may suspend or restrict access when reasonably necessary to address a security risk, suspected fraud, non-payment, legal requirement, third-party platform demand, material breach, harm to others, or risk to the Service. Where practical, we will give notice and an opportunity to cure. We may terminate for an uncured material breach, repeated violations, insolvency, or if continuing the Service becomes unlawful.

You may stop using the Service at any time. Upon termination, your license ends. Sections that by nature should survive will survive, including payment obligations, intellectual property, confidentiality, disclaimers, liability limits, indemnity, disputes, and general terms. Data handling after termination is described in the Privacy Policy and DPA.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT, SCORES, BENCHMARKS, DATA, AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE." OCTANE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

OCTANE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT OUTPUT WILL BE LEGAL OR EXCLUSIVE, THAT THIRD-PARTY DATA IS COMPLETE, OR THAT ANY CAMPAIGN WILL ACHIEVE A PARTICULAR RESULT. COMPLIANCE SCREENING IS ASSISTIVE AND DOES NOT CONSTITUTE LEGAL CLEARANCE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ADVERTISING SPEND, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY OBLIGATIONS, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID OR OWE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR A FREE SERVICE, OCTANE'S CAP IS EUR 100.

These exclusions and caps apply regardless of legal theory and are an essential basis of the bargain. They do not limit liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability that applicable law does not permit the parties to exclude or limit.

14. Indemnification

If you use the Service for business purposes, you will defend, indemnify, and hold harmless Octane, its affiliates, and personnel from third-party claims, damages, penalties, losses, and reasonable legal fees arising from Customer Content, your campaigns or products, your use of Output, your breach of these Terms, or your violation of law or third-party rights. Octane will promptly notify you, allow you to control the defense with qualified counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault or imposes obligations on Octane without our written consent.

15. Governing law and disputes

Before filing a claim, each party will give written notice and allow 30 days for good-faith resolution. The governing law and courts are those identified in an applicable order form. If no order form identifies them, the laws and courts of the place where the Octane contracting entity is established apply, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Nothing in these Terms removes mandatory consumer protections or a right to bring a claim in another forum where applicable law does not allow that right to be waived. Either party may seek urgent injunctive relief to protect security, confidential information, or intellectual property.

16. General terms

• ·Changes: We may update these Terms. We will provide reasonable notice of material changes. Changes do not apply retroactively unless required by law.
• ·Assignment: You may not assign this agreement without our consent. We may assign it in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets.
• ·Notices: We may send notices to the account email or through the Service. Legal notices to Octane must be sent to the legal address below.
• ·Force majeure: Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations.
• ·Entire agreement: These Terms, incorporated policies, and any order form are the complete agreement. An order form controls over these Terms for a direct conflict.
• ·Severability and waiver: An unenforceable provision will be modified to the minimum extent necessary. A waiver must be written and is not continuing.
• ·No third-party beneficiaries: These Terms create no third-party beneficiary rights except where they expressly say otherwise.

17. Contact

Questions or legal notices: legal@octanestudio.ai

Support and billing: support@octanestudio.ai