TERMS
OF SERVICE
Last
updated: 01/01/2015
1. Introduction
Welcome to OCTPOS, INC. (“Company”, “we”, “our”, “us”)! As you have
just clicked our Terms of Service, please pause, grab a cup of coffee and
carefully read the following pages. It will take you approximately
20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)
govern your use of our web pages located at http://www.octpos.com,
http://www.octpos.net, http://www.octpos.io and all related subdomain and our mobile
applications (together or individually “Service”) operated by OCTPOS, INC.
Our Privacy Policy also governs your use of our Service
and explains how we collect, safeguard and disclose information that results
from your use of our web pages. Please read it here [●].
Your agreement with us includes these Terms and our
Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If you do not agree with (or cannot comply with) Agreements,
then you may not use the Service, but please let us know by emailing at
support@octpos.com so we can try to find a solution. These Terms apply to all
visitors, users and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing at.
3. Purchases
If you wish to purchase any product or service made available through
Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including,
without limitation, your credit card number, the expiration date of your credit
card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct
and complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or
service availability, errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through
Service may be governed by rules that are separate from these Terms of Service.
If you participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a Promotion conflict
with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed
in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or
annual basis, depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically
renew under the exact same conditions unless you cancel it or OCTPOS,
INC. cancels it. You may cancel your Subscription renewal either through
your online account management page or by contacting OCTPOS,
INC. customer support team.
A valid payment method, including credit card or PayPal, is
required to process the payment for your subscription. You shall
provide OCTPOS, INC. with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information. By submitting such payment information, you
automatically authorize OCTPOS, INC. to charge all Subscription fees
incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, OCTPOS,
INC. will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice.
6. Free Trial
OCTPOS, INC. may, at
its sole discretion, offer a Subscription with a free trial for a limited
period of time (“Free Trial”).
You may be required to enter your billing information in
order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial,
you will not be charged by OCTPOS, INC. until Free Trial has expired.
On the last day of Free Trial period, unless you cancelled your Subscription,
you will be automatically charged the applicable Subscription fees for the type
of Subscription you have selected.
At any time and without notice, OCTPOS, INC. reserves the
right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such
Free Trial offer.
7. Fee Changes
OCTPOS, INC., in its sole
discretion and at any time, may modify Subscription fees for the Subscriptions.
Any Subscription fee change will become effective at the end of the
then-current Billing Cycle.
OCTPOS, INC. will
provide you with a reasonable prior notice of any change in Subscription fees
to give you an opportunity to terminate your Subscription before such change
becomes effective.
Your continued use of Service after Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
8. Refunds
Except when required by law, paid Subscription fees are non-refundable.
9. Content
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material (“Content”). You are responsible for
Content that you post on or through Service, including its legality,
reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant
that: (i) Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through Service does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the account
of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through Service. However, by posting Content using
Service you grant us the right and license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content on and through
Service. You agree that this license includes the right for us to make your
Content available to other users of Service, who may also use your Content
subject to these Terms.
OCTPOS, INC. has the
right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property
of OCTPOS, INC. or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
You may use Service only for lawful purposes
and in accordance with Terms. You agree not to use Service:
(a) In any way that
violates any applicable national or international law or regulation.
(b) For
the purpose of
exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
(c) To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or
attempt to impersonate Company, a Company employee, another user, or any other
person or entity.
(e) In any way that
infringes upon the rights of others, or in any way is illegal, threatening, fraudulent,
or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
(f) To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of Service,
or which, as determined by us, may harm or offend
Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any
manner that could disable, overburden, damage, or impair Service or interfere
with any other party’s use of Service, including their ability to engage in
real time activities through Service.
(b) Use any robot,
spider, or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on Service.
(c) Use any manual
process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
(d) Use any device,
software, or routine that interferes with the proper working of Service.
(e) Introduce any
viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f) Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g) Attack Service via
a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action
that may damage or falsify Company rating.
(i) Otherwise attempt
to interfere with the proper working of Service.
11. Analytics
We
may use third-party Service Providers to monitor and analyze the use of our
Service.
Google
Analytics
Google
Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of
our Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising
network.
For more
information on the privacy practices of Google, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
We also
encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is
analytics service provided by Google Inc.
You may opt-out of certain
Firebase features through your mobile device settings, such as your device
advertising settings or by following the instructions provided by Google in
their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on
what type of information Firebase collects, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
Fathom
Analytics
Fathom
Analytics is analytics service provided by Conva Ventures Inc. You can find
their Privacy Policy here: https://usefathom.com/privacy/
Piwik
/ Matomo
Piwik or Matomo is
a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
Clicky
Clicky is a web analytics service. Read the
Privacy Policy for Clicky
here: https://clicky.com/terms
Cloudflare analytics
Cloudflare analytics is a
web analytics service operated by Cloudflare Inc. Read the Privacy Policy here:
https://www.cloudflare.com/privacypolicy/
Statcounter
Statcounter is a web traffic analysis tool. You can
read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
Flurry
Analytics
Flurry Analytics service
is provided by Yahoo! Inc.
You can opt-out from
Flurry Analytics service to prevent Flurry Analytics from using and sharing
your information by visiting the Flurry's Opt-out page: https://dev.flurry.com/secure/optOut.do
For more information on
the privacy practices and policies of Yahoo!, please visit their Privacy Policy
page: https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm
Mixpanel
Mixpanel is provided by Mixpanel
Inc.
You can prevent Mixpanel
from using your information for analytics purposes by opting-out. To opt-out of
Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on
what type of information Mixpanel collects, please visit the Terms of Use page
of Mixpanel: https://mixpanel.com/terms/
Unity
Analytics
Unity Analytics is provided
by Unity Technologies.
For more information on
what type of information Unity Analytics collects, please visit their Privacy
Policy page: hhttps://unity3d.com/legal/privacy-policy
Azure
DevOps
Azure DevOps is a
Software as a service (SaaS) platform from Microsoft that provides an
end-to-end DevOps toolchain for developing and deploying software.
You can find Microsoft
Privacy Statement here: https://privacy.microsoft.com/en-gb/privacystatement
Yodo1
Yodo1 is a service provided by Yodo1, Ltd.
For
more information on what type of information Yodo1 collects, please visit their
Privacy Policy page: https://www.yodo1.com/privacy
Weblate
For
more information on what type of information Weblate collects, please visit
their Privacy Policy page: https://weblate.org/en/terms/
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that you are above the
age of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account
and password, including but not limited to the restriction of access to your computer
and/or account. You agree to accept responsibility for any and all activities
or actions that occur under your account and/or password, whether your password
is with our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your
account.
You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trademark that is subject to
any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property
of OCTPOS, INC. and its licensors. Service is protected by copyright,
trademark, and other laws of the United States and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of OCTPOS, INC..
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy
to respond to any claim that Content posted on Service infringes on the
copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email
to hello@octpos.com, with the subject line: “Copyright Infringement” and
include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may be held accountable for damages (including costs and attorneys'
fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright
Infringement Claims
You may submit a notification pursuant to the
Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(a) an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright's interest;
(b) a description of
the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work;
(c) identification of
the URL or other specific location on Service where the material that you claim
is infringing is located;
(d) your address,
telephone number, and email address;
(e) a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
(f) a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
You can contact our Copyright Agent via email at hello@octpos.com
17. Error Reporting and Feedback
You may provide us either directly at support@octpos.com or via
third party sites and tools with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints, and other
matters related to our Service (“Feedback”).
You acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited
and perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
The third party sites and tools mentioned above
include the following:
Bugsnag
Bugsnag is a platform for monitoring and
logging stability of applications provided by Bugsnag
Inc. Please read their Privacy Policy here:
https://docs.bugsnag.com/legal/privacy-policy/
ACRA
ACRA or Application Crash Reports for Android is monitoring platform.
Please find more information here: https://github.com/ACRA/acra
Rollbar
Rollbar is error tracking service provided by Rollbar Inc. Find out more
here: https://docs.rollbar.com/docs/privacy-policy
Sentry
Sentry is open-source error tracking solution provided by Functional
Software Inc. More information is available here: https://sentry.io/privacy/
Raygun
Raygun is automated error
monitoring software provided by Raygun Limited.
Privacy Policy is accessible at https://raygun.com/privacy/
Firebase
Crashlytics
Firebase Crashlytics is bug reporting service provided by Google
Inc.
You may opt-out of certain
Firebase features through your mobile device settings, such as your device
advertising settings or by following the instructions provided by Google in
their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on
what type of information Firebase collects, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
18. Links To Other Web Sites
Our Service may contain links to third party web sites or services that
are not owned or controlled by OCTPOS, INC.
OCTPOS, INC. has no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT OCTPOS, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES
OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU
VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS'
FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT
TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of Terms.
If you wish to terminate your account, you may simply discontinue using
Service.
All provisions of Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of
liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws
of State of Delaware without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held to
be invalid or unenforceable by a court, the remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service and supersede and replace any prior agreements we might
have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this
site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised
Terms means that you accept and agree to the changes. You are expected to check
this page frequently so you are aware of any changes,
as they are binding on you.
By continuing to access or use our 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 are no longer authorized to use Service.
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of Company
to assert a right or provision under Terms shall not constitute a waiver of
such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue
in full force and effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please
send your feedback, comments, requests for technical support:
By email: support@octpos.com.