Effective as of August 17, 2026
To help explain things as clearly as possible in these Terms of Service (the "Terms"), every time any of these terms are referenced, they are strictly defined as:
By downloading, installing, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by the End User License Agreement (EULA). If you do not agree to these Terms, do not use the Service. In these Terms, "you" refers both to you as an individual and to any entity you represent, and you warrant that you have the authority to bind that entity.
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to enter into these Terms. If you are between 13 and 18 years old, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Service is not directed to children under 13, and we do not knowingly permit them to use it.
If you violate any of these Terms, we reserve the right to suspend or terminate your account or block access to the Service without notice and without liability to you.
Subject to your compliance with these Terms, Octopus grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the app on devices that you own or control, strictly in accordance with these Terms, the EULA and the usage rules of the applicable Platform. All rights not expressly granted to you are reserved by Octopus.
You agree not to, and you will not permit others to:
We monitor the Service for abusive, fraudulent and unauthorized activity. Octopus may, at its sole discretion, immediately and without prior notice, suspend, restrict, block (including by IP address or device) or permanently terminate your account and/or your access to all or part of the Service if we detect, or reasonably suspect, any of the following:
Suspension, blocking or termination under this section is without liability to you and does not entitle you to any refund or compensation. We may investigate suspected violations, preserve related logs and records, and disclose them to law enforcement authorities or affected third parties where we believe it is necessary or required by law. These measures are in addition to, and do not limit, any other rights or remedies available to Octopus under these Terms or at law.
The Service may offer paid subscriptions, one-time purchases, and consumable digital items (including AI usage credits) (collectively, "Purchases"). All Purchases are billed and processed exclusively by the Platform through which you obtained the app — the Apple App Store or Google Play — under that Platform's own terms and payment procedures. Octopus does not collect, process or store your payment card details and is not a party to the payment transaction between you and the Platform.
Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions at any time in your Apple ID or Google account settings; deleting the app does not cancel a subscription. Prices may change; where required, the Platform will notify you and/or ask you to confirm the new price before it applies.
Consumable digital items (including AI usage credits) are provisioned and deemed delivered in full at the moment they are credited to your account, regardless of whether or when you use them.
All Purchases are final and non-refundable to the maximum extent permitted by applicable law. Octopus does not process payments and has no technical ability to issue refunds for transactions billed by a Platform. Any refund decision belongs exclusively to the Platform that billed you, under that Platform's own policies:
Octopus is not responsible for the Platforms' refund decisions and cannot reverse, override or expedite them. Nothing in this section limits any non-waivable statutory rights you may have as a consumer under applicable law.
The Service includes AI Features whose output is generated by artificial-intelligence models, including models operated by third-party providers. You acknowledge and agree that:
You retain ownership of the content you create, upload or store in the Service ("User Content"). You grant Octopus a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display and back up your User Content solely to the extent necessary to operate, provide, secure and improve the Service. You are solely responsible for your User Content and warrant that you have all rights necessary to submit it and that it does not violate any law or the rights of any third party. We may remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law, without notice and without liability to you. We are not obligated to store, back up or return User Content after termination of your account.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Octopus with respect to the Service shall remain the sole and exclusive property of Octopus. Octopus shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
These Terms apply only to the Service. The Service may contain links to other websites not operated or controlled by Octopus. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. When you use a link to go from the Service to another website, these Terms are no longer in effect. Your browsing and interaction on any other website is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Octopus uses "Cookies" to identify the areas of our website that you have visited. We use Cookies to enhance the performance and functionality of our Service, but they are non-essential to its use. Most web browsers can be set to disable the use of Cookies; however, if you disable Cookies, you may not be able to access some functionality correctly or at all. We never place Personally Identifiable Information in Cookies.
Octopus reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any part of the Service, with or without notice and without liability to you. You acknowledge and agree that Octopus may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Octopus's sole discretion, without prior notice. You may stop using the Service at any time. You acknowledge and agree that if Octopus disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.
Octopus may from time to time provide enhancements or improvements to the features/functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that Octopus has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to these Terms.
We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Octopus shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Octopus does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
If you obtained the app from the Apple App Store or Google Play, you acknowledge and agree that:
These Terms shall remain in effect until terminated by you or Octopus. Octopus may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms and your access to the Service, with or without prior notice. These Terms will terminate immediately, without prior notice from Octopus, in the event that you fail to comply with any provision of these Terms. You may also terminate these Terms by deleting the app and all copies thereof from your devices and ceasing use of the Service. Upon termination, you shall cease all use of the Service and delete all copies of the app from your devices. Termination will not entitle you to any refund and will not limit any of Octopus's rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of any of your obligations. Sections which by their nature should survive termination (including intellectual property, indemnification, disclaimers, limitation of liability, and dispute resolution) shall survive.
If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement of your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
You agree to indemnify, defend and hold harmless Octopus and its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors (if any) from and against any and all claims, demands, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, due to or arising out of: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or any law or regulation; or (d) your violation of any right of a third party.
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Octopus, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Octopus provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Octopus nor any Octopus provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service (including AI-generated output); or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Octopus are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire aggregate liability of Octopus and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you for the Service through the applicable Platform during the twelve (12) months preceding the event giving rise to the claim.
To the maximum extent permitted by applicable law, in no event shall Octopus or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if Octopus or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Octopus shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, war, armed conflict, invasion, acts of terrorism, civil unrest, government action, embargoes, strikes, fire, flood, natural disasters, epidemics, power or telecommunications outages, failures of hosting or cloud infrastructure providers, or failures of third-party services on which the Service depends.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions of these Terms.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms shall operate as a waiver of that right or power. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.
These Terms and any dispute or claim arising out of or in connection with them, the Service or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ukraine, excluding its conflict of laws rules.
Informal resolution first. Before commencing any formal proceeding, you and Octopus agree to attempt to resolve any dispute informally. You must send a written Notice of Dispute to [email protected] setting forth your name, contact information, the facts giving rise to the dispute, and the relief requested. Octopus will send any Notice of Dispute to your email address. The parties will attempt in good faith to resolve the dispute through negotiation within sixty (60) days from the date the Notice of Dispute is sent. Only after this period may either party commence formal proceedings.
Exclusive jurisdiction. To the maximum extent permitted by applicable law, any dispute not resolved informally shall be submitted to the exclusive jurisdiction of the competent courts of the city of Lviv, Ukraine. Where mandatory consumer protection law of your country of residence grants you the non-waivable right to bring proceedings in your local courts, this clause does not deprive you of that right.
Individual capacity; class action waiver. To the maximum extent permitted by applicable law, you and Octopus agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.
Time limit. YOU AND OCTOPUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Octopus may assign or transfer these Terms, in whole or in part, and any of its rights and obligations hereunder, without restriction and without notice, including in connection with a merger, acquisition, corporate reorganization or sale of assets. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Octopus, and any attempted assignment in violation of this section is void.
Octopus reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice (for example, through the Service) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service and may delete your account.
The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Octopus, its licensors or other providers of such material and are protected by Ukrainian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Octopus, unless and except as expressly provided in these Terms. Any unauthorized use of the material is prohibited.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Octopus without any compensation or credit to you whatsoever. Octopus and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas. This section does not apply to personal data, which is handled in accordance with our Privacy Policy.
Octopus may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to a typographical or technical error, we shall have the right to refuse or cancel the provision of the product and/or service listed at the incorrect price, whether or not the order has been confirmed. Any billing adjustments related to Platform-billed transactions are handled exclusively by the applicable Platform under its own policies.
These Terms may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail to the maximum extent permitted by applicable law.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Octopus. Octopus will be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. Octopus operates and controls the Service from its offices in Ukraine. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms (which include and incorporate the Octopus Privacy Policy and the EULA) contain the entire understanding, and supersede all prior understandings, between you and Octopus concerning their subject matter, and cannot be changed or modified by you. The section headings used in these Terms are for convenience only and will not be given any legal import.
Don't hesitate to contact us if you have any questions.
Email: [email protected]
Link: https://octopus-apps.com