Octopull. (“Octopull,” “our,” “we,” or “us”) provides messaging, files sharing and other services to users and companies around the world. Please read our Terms of Service so you understand what’s up with your use of Octopull. You agree to our Terms of Service (“Terms”) by creating an account, installing, accessing, or using our apps (Android, iOS and in the future, desktop versions), services, features, software, or website (together, “Services”).
These “Customer Terms” Form a Part of a Binding “Contract” These Customer Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding “Contract” between Customer and Octopull. If any terms in the Customer-Specific Supplement apply to Customer (e.g., if Customer is a U.S. government entity), those terms are also incorporated herein by reference and form part of the Contract. “We,” “our” and “us” currently refer to Zooft Company, Inc.
In the case, a company acquire Octopull to implement it as a global communication and coordination tool, we will provide an extension of these Terms of Service depending the particular case
If you purchase subscription(s), create a company (i.e., a unique URL where a group of users may access the Services, as further described in our Blog pages), invite users to that company, or use or allow use of that company after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.
When a company user with an owner role decides to sign up he is accepting the Terms of Service on behalf any member he invites to the company in the future. Any change to our Terms of Service will be notified to every Octopull member, but only the owner accepting this change will accept Terms of Service on behalf company members.
Registration. You must register for our Services using accurate data, provide your current business or personal email, and, if you change it, update this email using our contact center or sending an email to firstname.lastname@example.org. You agree to receive text messages and phone calls (from us or our third-party providers) with codes or general information to register for our Services.
Address Book. You provide us the phone numbers and emails Octopull users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers or emails to allow us to provide our Services. This address book is placed in contacts section of Octopull.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Customer isn’t the only one with responsibilities; we have some, too. We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.
Be assured that (a) the Services will perform materially in accordance with our then-current Blog pages; and (b) subject to the “External Integrations” and “Free Plan for Non-Payment” sections , we will not materially decrease the functionality of a Service during a subscription company. For any breach of a warranty in this section, Customer’s exclusive remedies are those described in the sections titled “Termination for Cause” and “Effect of Termination”.
As further described in our Blog pages, for some of our Services, we also offer specific uptime commitments paired with credits, if we fall short. In those cases, the credits will serve as what the lawyers call liquidated damages and will be Customer’s sole remedy for the downtime and related inconvenience. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.
Since 2017 Octopull is supported by Amazon Web Services (AWS) where we, as company, will perform many activities to ensure availability of the service independently of infrastructure service provider.
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards at a level not materially less protective than as described in our Security Practices page. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control or when Customer chooses to use unencrypted gateways (e.g., MQTT clients) to connect to the Services. We are not responsible for what Customer’s Authorized Users or External Integrations do with Customer Data. That is Customer’s responsibility.