Terms of Service

User Conduct

You are solely responsible for any use of the Service and all Submissions you make available to Octawow, whether by uploading via the Service, emailing, or otherwise sharing with other users of the Service, as well as for any Outputs you generate. You assume all risks associated with your Submissions, including their transmission, and bear sole responsibility for their accuracy, quality, legality, and appropriateness. The posting of Content on the Service by users does not imply approval or endorsement by Octawow, and we disclaim any and all liability in connection with such Content or any related activities, including accessing, browsing, or contributing to the Service.

You agree not to use the Output to compete with Octawow, including creating a competing product or service. Below is a list of examples of illegal or prohibited Submissions or uses of the Service. Octawow reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, which may include removing offending content, suspending or terminating accounts, and reporting the violator to law enforcement authorities.

You agree not to use the Service to:

• Submit, upload, transmit, or otherwise make available any Submissions or direct the Services to generate any Output that:
  • Infringes any intellectual property or other proprietary rights of any party;
  • You do not have the right to upload and use under any law or under contractual or fiduciary relationships;
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Poses or creates a privacy or security risk to any person;
  • Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales, including "junk mail," "spam," "chain letters," "pyramid schemes," "contests," or "sweepstakes";
  • Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable;
  • In the sole judgment of Octawow, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose Octawow or its users to any harm or liability of any type.
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• Violate any applicable local, state, national, or international law, or any regulations having the force of law;
• Impersonate any person or entity, or falsely state, imply, or otherwise misrepresent your affiliation with any person or entity, including by generating or using Output in a manner that suggests it was created by someone other than the actual creator;
• Solicit personal information from anyone under the age of 18;
• Post any private information, or harvest, collect, or disclose email addresses or other information about another user or any other person without their express consent, or for the purposes of sending unsolicited emails or other unsolicited communications;
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• Imply that Octawow endorses any of your Submissions, Output, statements, or positions;
• Further or promote any criminal activity or enterprise, or provide instructional information about illegal activities;
• Obtain or attempt to access any content or information through any means not intentionally made available or provided for through the Service;
• Use the Services (and any Output) to create, develop, or improve any competing products or services, or to power, enable, or train other artificial intelligence and machine learning models, tools, or technologies;
• Circumvent, remove, alter, deactivate, degrade, or thwart any content protections or geographic restrictions on content available through the Service, including using virtual private networks;
• Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

Restrictions

The technology and software underlying the Service or distributed in connection with it are the property of Octawow, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by Octawow.

Service Content

You acknowledge that the Octawow service may contain content or features ("Service Content") protected by various intellectual property laws. Except as explicitly allowed by Octawow, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content. This restriction does not apply to content you upload or make available through the Service according to these Terms of Service. Unauthorized use of the Service or the Service Content is strictly prohibited.

Trademarks

The Octawow name and logos are trademarks and service marks of Octawow (collectively the "Octawow Trademarks"). Other trademarks or service marks displayed on the Service may belong to their respective owners, who may not be affiliated with or endorse Octawow. These Terms do not grant any rights to use any trademarks displayed on the Service without prior written permission from Octawow or the respective owners. All goodwill generated from the use of Octawow Trademarks benefits Octawow exclusively.

Third-Party Material

Octawow is not liable for any third-party content or materials available through the Service, including any errors or omissions, or for any loss or damage resulting from their use. Octawow does not pre-screen content but reserves the right to remove any content that violates these Terms of Service or is deemed objectionable by Octawow at its sole discretion. You agree to evaluate and bear all risks associated with using any content, including reliance on its accuracy or completeness.

You represent and warrant that you own all rights, titles, and interests in and to any Submissions you make, including all copyrights and rights of publicity. You confirm that you have all necessary rights or have obtained all necessary consents to grant Octawow the rights and licenses outlined here. By using the Service or submitting content to us, you grant Octawow and its affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable, assignable, royalty-free, perpetual, and irrevocable license to use, reproduce, store, modify, distribute, create derivative works from, perform, display, communicate, transmit, and otherwise make available any and all Content (in whole or in part) in any media, now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and related technologies.

This license allows us to make your Content available to and sublicense it to other users of the Service as necessary to provide the Service. You also grant Octawow the right to publicly identify that Output generated via the Service was derived from your Submissions. This use by Octawow and other users is made without compensation to you, as your use of the Service is deemed sufficient compensation for the Content and the grant of rights herein.

Furthermore, you irrevocably waive any and all "moral rights" that may exist in connection with the Content. You acknowledge that if you include personally identifiable information in your Submissions, we may republish such information. Although Octawow is not obligated to monitor the Content, you agree that we may: (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.

If you are a user subscribed to the paid tier of the Octawow Service, Octawow assigns to you all of its rights, titles, and interests in any Output generated from your Submissions during the term of your subscription. However, due to the nature of machine learning, Octawow makes no guarantees that any copyright will vest in the Output.

If you are a user of the free tier of the Service, you agree to use Outputs generated from your Submissions solely for lawful, internal, personal, and non-commercial purposes, provided that you give attribution credit to Octawow in each case.

For clarity, Outputs may become publicly available in third-party applications where they can be viewed, downloaded, and modified by other users. If this occurs, you agree that other users have the right to access, display, view, store, modify, and copy such Output. You may adjust your settings to keep the Output private and bypass the public sharing default settings.

Because of how machine learning works, the Output you receive may not be unique and could be similar or identical to what other users receive. If other users submit similar inputs, they might receive the same Output. Outputs generated for others do not belong to you and are not considered your Content.

You grant Octawow and its partners permission to collect and analyze data related to your interactions with the Service ("Usage Data"). We may use this data for various purposes as allowed by law and as outlined in our Privacy Policy.

Any suggestions, comments, ideas, or other feedback you provide to Octawow about the Service ("Feedback") will be treated as non-confidential. Octawow is free to use and share this Feedback for any purpose, whether commercial or otherwise, without any obligation to acknowledge or compensate you.

You acknowledge that Octawow may retain and, if necessary, disclose your Content to comply with legal obligations or in situations where we believe such action is necessary to: (a) follow legal procedures or respond to government requests; (b) enforce these Terms of Service; (c) address claims that any content violates third-party rights; or (d) protect the rights, property, or safety of Octawow, its users, or the public. You also understand that the Service, including your Content, may be transmitted across various networks and may be modified to meet technical requirements of these networks or devices.

Copyright Complaints

Octawow respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that infringes on your copyright or other intellectual property rights, please notify Octawow using the procedure outlined below.

Octawow will review and address claims of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other relevant intellectual property laws. If you believe that your work has been copied or used in a way that infringes on your copyright, please notify Octawow's Copyright Agent.

You can send your notification via email to team@octawow.com (Subject line: "DMCA Takedown Request").

For your notice to be effective, it must be in writing and include the following details:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work or intellectual property you claim has been infringed. If multiple works are covered by one notice, include a representative list.
• Identification of the content you believe is infringing, along with details on where it is located on the Octawow service, so we can find it.
• Your contact information, including your address, phone number, and email address.
• A statement from you asserting that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.

If you believe that the Content removed or disabled on Octawow is not infringing, or if you have the legal right or permission from the copyright owner to use the content, you can send a counter-notice to our Copyright Agent.

Your counter-notice must be in writing and include the following details:

• Your physical or electronic signature.
• Identification of the content that was removed or disabled, along with the location where it appeared before removal.
• A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled due to a mistake or incorrect identification.
• Your name, address, phone number, and email address. Additionally, include a statement that you consent to the jurisdiction of the federal court in your district and agree to accept legal service from the person who submitted the original infringement claim.

If our Copyright Agent receives a counter-notice, Octawow will forward a copy to the original complainant, notifying them that the removed content may be restored or the disabled content re-enabled within ten (10) business days. Unless the copyright owner takes legal action against Octawow or the user, we may, at our sole discretion, restore the content within ten (10) to fourteen (14) business days after receiving the counter-notice.

In line with the DMCA and other applicable laws, Octawow has a policy of terminating user accounts that are deemed repeat infringers, at our sole discretion. Additionally, we may limit access to the Service or terminate the accounts of users who infringe on others' intellectual property rights, even if the infringement is not repeated.

The Octawow Service may include links to or offer access to various services, websites, software, applications, content, and resources provided by third parties ("Third-Party Services"). Your interaction with these Third-Party Services may require you to agree to additional terms, privacy policies, or other agreements specific to those services. You might also need to create separate accounts or authenticate through these Third-Party Services to use them.

Some Third-Party Services may share information you’ve provided to them with us. We will use, store, and disclose this information according to our Privacy Policy. For details about how we handle your information when you use these Third-Party Services within Octawow, please review our Privacy Policy.

Octawow has no control over, and is not responsible for, Third-Party Services, including their accuracy, availability, reliability, or the privacy practices they follow. We encourage you to review the privacy policies of any Third-Party Services before using them. Any costs or charges associated with your use of Third-Party Services are your responsibility.

Octawow includes these Third-Party Services for your convenience, and their inclusion does not imply an endorsement or recommendation. Any interactions or dealings you have with third parties through the Service are solely between you and the third party. Octawow is not responsible for any damage or loss that may result from your use of or reliance on Third-Party Services.

To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless Octawow, its affiliates, and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Octawow Parties") from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, actions, or injuries (including death) that arise from or relate to your use of the Service, any Content you create or use, your connection to the Service, your violation of these Terms of Service, or your infringement of any rights of another, including through your creation or use of any Output. Octawow will notify you of any such claim, lawsuit, or proceeding.

Octawow reserves the right to take control of the defense in any matter subject to your indemnification under this section. You agree to cooperate with Octawow's defense efforts as reasonably requested. You may not settle or resolve any claim against the Octawow Parties without Octawow's written consent.

Your use of the Octawow Service and any Output is entirely at your own risk. The Service and any Output are provided on an "as is" and "as available" basis. The Octawow Parties expressly disclaim all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Octawow Parties make no guarantees that (a) the Service will meet your expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be suitable, accurate, or reliable; (d) your use of any Output will not infringe on the rights of others; or (e) the quality of any products, services, information, or other material you purchase or obtain through the Service will meet your expectations. You acknowledge that the Service uses experimental technology and may sometimes produce inaccurate or offensive content that does not reflect the views of the Octawow Parties.

Due to the nature of artificial intelligence and machine learning, your Output may not be unique, and the Service may generate similar or identical output for other users. Similar inputs from different users may result in the same or similar Output. Content submitted by other users is not your Submission, and Output generated for other users is not your Output.

You agree that the Octawow Parties will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses, even if they have been advised of the possibility of such damages. This applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, and includes damages resulting from: (a) your use or inability to use the Service or any Output; (b) the cost of obtaining substitute goods or services due to any transactions made through the Service; (c) unauthorized access to or alteration of your content, data, or transmissions; (d) actions or statements of any third party on the Service; or (e) any other issues related to the Service.

In no case will the total liability of the Octawow Parties to you for all damages, losses, or causes of action exceed the amount you have paid to Octawow in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. As a result, some of the limitations or exclusions above may not apply to you. If you are unhappy with any part of the Service or these Terms of Service, your sole and exclusive remedy is to stop using the Service.

You agree that Octawow may, at its sole discretion, suspend or terminate your account or access to the Service at any time, for any reason, including but not limited to inactivity or if Octawow believes you have violated the letter or spirit of these Terms of Service. Any fraudulent, abusive, or illegal activity that may lead to termination could also be reported to law enforcement.

Octawow also reserves the right to discontinue or suspend the Service, or any part of it, at any time, with or without notice. You agree that termination of your access to the Service may occur without prior notice and that Octawow may immediately deactivate or delete your account, along with all related information and files, and prevent further access to the Service.

Furthermore, you agree that Octawow will not be liable to you or any third party for terminating your access to the Service.

Some features of the Octawow Service may allow us to contact you via phone or text messages. By using the Service, you agree that we can contact you at any of the phone numbers you provide, including through automated systems, for purposes such as marketing. However, you are not required to consent to receive these messages as a condition for purchasing any paid services.

You can opt out of receiving text messages from us at any time by replying with the word "STOP" to any text message you receive from us or by contacting us at team@octawow.com. If you do not opt out, we may continue to contact you as described in our Privacy Policy.

You agree that you are solely responsible for your interactions with other users of the Octawow Service. Octawow is not liable or responsible for any issues that arise from these interactions. While Octawow reserves the right to intervene in disputes between users, we have no obligation to do so.