Last updated: February 2024

Terms of Service

Welcome to Octolane AI. By accessing or using our services, you agree to be bound by these terms and conditions.

We may modify these Terms of Service in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice to you, as applicable.

1. Definitions

• “Account Information” means information provided by you to create, support and maintain an account enabling access to the Service
• “Octolane AI Platform” means the software or other technology provided by us to you under these Terms. The Octolane AI Platform does not include Third-Party Products,
• “Beta Services” means products, services, integrations, functionality or features that Octolane AI may make available to you to try at your discretion, which may be described as “alpha,” “beta,” “pilot,” “limited release,” “developer preview,” “non-production,” “early-stage”, or other similar description,
• “Contributor Database” means the database of Personal Information and other business information which we make available, directly or indirectly, to you and to other Octolane AI customers through the Octolane AI Platform,
• “Output Data” means the information and other content or materials that are included in the Contributor Database or otherwise made available to you through the Octolane AI Platform. Output Data is exclusive of the Submitted Data,
• “Order Form” means an ordering document, including an order receipt, related to your ordering of the Service and specifying the details of your subscription and any fees to be paid by you,
• “Personal Information” includes any substantially similar terms to “personal information” such as “personal data” or “personally identifiable information” and as to each, shall have the meaning given to such terms under applicable law,
• “Service” means the Output Data, the Service Metadata, the Contributor Database, the Octolane AI Platform, the Beta Services and any accompanying or related infrastructure, functionality, technology or analytics, including any services or add-ons described in an Order Form,
• “Service Metadata” means information collected or inferred by us in the course of delivering emails (including without limitation information about deliverability and system operations) or otherwise providing the Service,
• “Submitted Data” means all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by you in connection with your use of the Service. Submitted Data may vary depending on the products or features used as well as your particular use of such products or features.
• “Third-Party Products” means products, services, websites, applications or other technology, and any related content, that you choose to integrate with or use in connection with the Service. Third-Party Products are not owned or operated by us,
• “UK/EU GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679) and equivalent requirements in the United Kingdom including the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation,
• “Website” means any website or webpage on which these Terms appear,

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2. You Account

You may use our services only as permitted by law and according to these terms. You may not misuse our services in any way.

Account Information and Security

You will need to set up an account in order to access the Service, including to receive Output Data. You must only provide Account Information that is your own and that is accurate. You must also keep your contact information up to date, so that we may contact you if needed, such as to deliver any important notices.

Eligibility Restrictions

You shall ensure that only your employees or service providers, or the employees or service providers of your wholly or majority owned subsidiaries who have been expressly authorized by you to use the Service in accordance with this Terms of Service, shall use or otherwise access the Service (“Authorized Users”). You may not use the Service if you or any of your Authorized Users are a competitor of Octolane AI (as determined by us in our sole discretion). You shall ensure that all Authorized Users are at or above the age of majority in their jurisdiction. You must comply with any other eligibility restrictions on Authorized Users set forth in the Order Form and ensure that your Authorized Users comply with these Terms.

Account Security

We make no representations or promises regarding the security of the Service. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior). You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your Authorized Users:

• are solely responsible for maintaining the confidentiality and security of your Account Information and account credentials such as your username and password.
• may not share your account credentials and must restrict access to your computer and other devices.
• must access the Service and our network, systems, or applications only through encrypted connections.
• must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or our environment.
• must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
• must notify us promptly (and in any event within 72 hours) of security incidents that could have implications to us (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
• will reach out to our vulnerability discovery program at one@octolane.com if you suspect any vulnerabilities with our Service.

Beta Services

From time to time, Octolane AI may offer you access to Beta Services, which are optional for you to use. The Beta Services are not made generally available and may contain bugs, errors, defects, or harmful components. Beta Services may be subject to additional terms which may supplement, but not supersede the terms of these Terms of Service. Octolane AI may terminate access to Beta Services at any time without notice, and may discontinue Beta Services at any time in its sole discretion. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETA SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY COMMITMENTS, INDEMNITY OR WARRANTY BY OCTOLANE AI OF ANY KIND AND OCTOLANE AI SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM ARISING FROM OR RELATED TO BETA SERVICES.

Third-Party Products

You may procure and use Third-Party Products in connection with the Service. You acknowledge and agree that if you or your users view, access or otherwise interact with Third-Party Products, you or your users, as the case may be, do so at your own risk and we have no liability arising from such access or use. You (and your users, as applicable) are responsible for complying with all terms, conditions and policies imposed by a provider of a Third-Party Product. We cannot guarantee the continued availability of integrations of Third-Party Products with the Service and may cease providing interoperation with a Third-Party Product without entitling you to any refund, credit, or other compensation, if, for example and without limitation, the provider of a Third-Party Product ceases to make the Third-Party Product available for interoperation with the Service in a manner acceptable to us.

Account Types; Credits and Payment Terms

Subscriptions or customized service accounts. We may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of service and payment terms (as further set forth under an Order Form or separate agreement). If you wish to enter into such an agreement, please contact us at one@octolane.com.

Paid and unpaid self-serve accounts. The Service may also be offered as a paid or unpaid account on a “self-serve” basis, in which case you will have the opportunity to click-through these Terms and select the aspects of the Service you want to use, including an amount of credits that can be used toward the Service. You may not open multiple accounts for your use under a self-serve offering or otherwise take any actions which would allow you to circumvent the credit or rate limits which apply to self-serve offerings. Should we discover you doing so, we may in our sole discretion terminate your account immediately, with no right to refund or reinstatement.

Credits and Expiration of Credits. All credits purchased or otherwise obtained by you in connection with your use of the Service are subject to the rules and restrictions hereunder. These credits may not be resold or transferred. Credits have an expiration date. For paid accounts, credits expire at the end of your billing cycle. For unpaid accounts, credits expire at the end of the monthly term. Please do not purchase credits if you are not able to use them prior to their expiration date, as no refunds or extensions will be given. You may not sell or transfer your credits, or purchase credits except directly from us.

Restrictions on the Use of Output Data

You may not use the Service (including use of the Service to send email, mail, SMS, push notifications, fax, phone, or other communications) in a manner that violates any applicable laws (including, without limitation, any marketing or data privacy and security laws) or industry best practices, or that would cause us to violate applicable law. In particular, you agree not to use the Service in a manner that would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), the U.S. TCPA, the Telemarketing Sales Rules, or any similar such laws.

Additionally, you may not use the Service to advertise or promote any illegal service or product (or send any other communications) that are illegal in the place offered or consumed, including but not limited to tobacco products, firearms, ammunition or other weapons, counterfeit or pirated goods or services, adult content or services (such as pornography or escort services), unlicensed gambling, investment schemes (including promotion of “pink slip” stocks), astrology or psychic services, lotteries, credit repair services, payday loan services, or any type of hate speech (targeting any societal group).

You are also prohibited from using the Service to violate any securities or commodities regulations (such as to support a “pump and dump” scheme), to defraud, deceive, mislead, discriminate against, harass, libel or defame any person, group or entity, to violate or promote any violation of any person’s or entity’s intellectual property rights, to threaten, promote or commit violence or fraud, or to violate any person’s or entity’s rights.

Restrictions on Use of Email Services

The following practices are not permitted from the Service and will be considered a violation of the license restrictions herein. These practices include, but are not limited to, sending of emails from a group distribution email such as hello@ or marketing@ etc., failing to include appropriate opt-out mechanisms in commercial emails or failing to comply with applicable laws or best practices related to opt-outs or user choice and control principles, using a fictional identity, pseudonym or alias to send emails, sending emails that generate an unacceptable level of bounces, spam or complaints (as determined in our reasonable discretion), transmitting material that contains or links to virus, trojan horse, worms or any malicious or harmful software program, and using our Service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, text messages or phone calls.

Notice of Violation; Suspension: In the event you are aware of or suspect a violation of these restrictions and policies, please notify us at one@octolane.com. We will determine compliance with these restrictions at our sole discretion. In the event that we confirm or reasonably suspect that you have failed to comply with these Terms or have otherwise used the Service in an abusive or fraudulent manner or in a manner intended to circumvent our stated policies or rules, we may immediately terminate your access to the Service, and, upon our written demand, you shall cease all use of the Service and the Output Data.

Required Consumer Consents and Permissions; Your Responsibilities

Responsibility for your use of Output Data. You acknowledge and agree that you are solely responsible and liable for your use of the Output Data and any communications made in connection with your use of the Output Data.

Notice and consent. You acknowledge that in some countries, U.S. states or other jurisdictions, you may be required to obtain consent, provide notice or complete some other action in order to lawfully conduct certain types of marketing activities or processing of Personal Information. You understand that we have not provided any notices nor obtained any rights or consents on your behalf. Therefore, to the extent that any law or regulation may require that you provide notice, obtain consent or complete some other action in order to lawfully market to any person or process their Personal Information, you represent and warrant that you shall obtain such notices or consents or otherwise complete such action on your own behalf.

Legal bases for processing. In connection with the Services, you may access, receive or otherwise process Output Data which is subject to various privacy and security laws governing Personal Information such as the UK/EU GDPR. If you do so, you agree that you will only access, use or otherwise process such Output Data:

• pursuant to explicit consent from the data subject of the Output Data, sufficient to comply with the consent requirements of applicable laws, or
• pursuant to any other legal basis (or substantively similar term) for processing under applicable law. For example, in accordance with the EU/UK GDPR, you may use Output Data for purposes that you have established are necessary to pursue your legitimate interests under the EU/UK GDPR, such as use of the Output Data in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database.

Compliance with law. You shall comply with all laws applicable to your use of the Service. Notwithstanding anything herein (including any permissions granted by us herein), you are solely responsible for your own understanding of, and compliance with, all applicable laws. We make no representation (and you should not rely on any representation by us) regarding what applicable law might or might not require (including with respect to data subject notices, consents and permissions).

Data Privacy and Security

Data Processing Agreement. The Octolane AI Data Processing Agreement is hereby incorporated by reference into these Terms. The parties shall comply with the terms of the Octolane AI Data Processing Agreement as it relates to all processing of Personal Information in connection with these Terms.

Privacy Policy. You acknowledge the collection, use, disclosure and other handling of information, including Personal Information, described in our Privacy Policy, which we may update from time to time.

Nature of Exchange. Our Service contains certain “co-operative” elements. This means that in exchange for providing the Submitted Data to us for use as described in Section 6(b) above, and potentially for the use of other customers through our Contributor Database (at our sole discretion), you will receive access to Output Data consisting of information that we hope is equally valuable to you. This in turn may amount to a “sale” of Personal Information under certain state statutes, and (depending whether you are subject to those statutes, which may depend upon your size or the nature of your business) such “sale” of information may require you to make certain disclosures or provide certain consumer “opt out” or other rights. We may in turn provide you with materials or recommendations regarding these requirements: if we do so, you understand that these are purely advisory in nature and are neither legal advice nor a substitute for legal advice. You therefore should consult counsel regarding requirements you may have under any such applicable law.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (AND ALL OUTPUT DATA PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY US TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE.

Limitation of Liability

APART FROM CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREIN, NEITHER PARTY (NOR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.

Privacy and Data Protection

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our services. By using our services, you agree that Octolane AI can use such data in accordance with our privacy policies. For more information, please visit our Privacy Policy page.

Modifications

We may modify these terms or any additional terms that apply to a service. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.

Contact Us

If you have any questions about these Terms of Service, please contact us at one@octolane.com.