Terms of Use

OctoPost, LLC., is a company incorporated and registered in Wyoming, USA. For the purposes of these Terms, "You" and "User/s" as used herein refers to anyone, including any individuals and/or entities accessing or using the Platform for any reason; and “we”, “our” and “us” shall mean OctoPost, and/or any third-party service providers rendering certain services on the Platform. These Terms govern your use and/or access to our products and/or services, including the OctoPost website(s) (“Website”), the OctoPost mobile application(s) (“App”), OctoPost’s application programming interfaces (APIs), our notifications and/or any information or content appearing therein (collectively, the “Platform”) on any mobile phone, tablet, computer or other device (collectively, the “Device“). In case you do not accept these Terms, you are not permitted to install, access, download or otherwise use the Platform. If you download, install or use the Platform, you accept and agree to be bound by these Terms. If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to accept these Terms on behalf of that entity. If you do not have such authority, you are solely responsible for your use of the Platform. If You do not accept the Terms stated herein, do not access or use the Platform. By accessing or using the Platform, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Users who violate these Terms may have their access and/or use of the Platform suspended or terminated, at the Company’s sole discretion.

1. Eligibility

• You must be 18 years of age or older to visit, access and/ or use the Platform in any manner. By visiting this Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and that you agree to abide by and be bound by these Terms of Use.

2. Acceptance

• You represent and warrant to us that You will use the Platform in a manner consistent with all applicable laws and regulations.
• We reserve the right to modify or change these Terms from time to time, at the Company’s sole discretion. OctoPost may revise these Terms at any time by posting an updated version to this page. You should visit this page periodically to review the most current Terms because they are binding on You. Any update to these Terms will be made available on the Platform, and the Terms will show the date on which it was last updated. Your continued access or use of the Platform after the revised Terms have been posted, constitutes your acceptance of the revised Terms.
• We may alter, suspend, or discontinue the Platform including the products and/or services (the “Services”), in whole or in part, at any time and for any reason at our sole discretion, without notice. We may restrict access to portions of our Services, for some or all users, from time to time. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You acknowledge and agree that we are not obligated to continue offering, supporting, or updating the Services and that we make no commitment to do so.

3. Availability of our Services

• We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the Services on offer, add or remove functionalities or features and/or suspend or stop certain Services, functionalities or features altogether. If we discontinue certain Services, functionalities or features, we will make best efforts to provide notice of the same, where reasonably possible.
• We may release Services, functionalities or features that we are still testing and evaluating. We will label such Services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand and agree that these beta Services may not be reliable as the functionalities and features may require further fine tuning and will be provided on an ‘as is’ basis.
• We reserve the right to limit your use of the Platform and Services, including the right to restrict, suspend or terminate your account if we believe you are in breach of these Terms and/or are misusing the Platform or Services.
• We make best efforts to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted including for maintenance, repairs, upgrades, network or equipment failures.
• You are responsible for configuring your information technology, computer programmes, Devices, platforms, operator or system in order to access and/or use our Platform. We neither represent nor warrant that our Platform will be free from bugs or viruses.

4. Use of content

• The contents of the Platform, including designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content is collectively, the "Company Content".
• All Company Content is the property of the Company and/or or its licensors, as the case may be. The compilation (including the collection, arrangement and/or assembly) of all Company Content is the exclusive property of the Company. The Company retains all intellectual property rights including all rights in and to the Company Content, inventions, utility models, patents, copyright and related rights, trade marks, logos, trade and business names, rights in designs, rights in computer software, database rights, moral rights, know-how and trade secrets, in every case whether registered or unregistered and all similar or equivalent rights or forms of protection (whether now or in the future) in any part of the world. Unauthorized access, use or distribution of Company Content is strictly prohibited.
• You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose, in connection with services that are not the Services of the Company; or in any other manner that is likely to cause confusion amongst end users.
• Any code (source code, object code), design, UX, UI that the Company creates to generate or display any Company Content or the pages making up the Platform is also the Company’s intellectual property. You may not copy, adapt, reverse engineer or infringe the Company’s rights in any way. You may not use any of the Company Content on any other platform (including, without limitation, by uploading or republishing Company Content on any internet, intranet or extranet site or incorporate the Company Content in any other database or compilation for any purpose).
• You shall not copy or adapt the HTML code that the Company creates to generate any Company Content or the pages making up any Platform. Nothing in these Terms shall be construed as conferring any license to the Company’s intellectual property rights, whether by estoppel, implication or otherwise.

5. Account and password

• In registering for an account on our Platform, you must provide truthful, accurate and upto-date information about yourself. You should choose a secure password. You must keep your password secure and confidential at all times. You certify, warrant and represent that the information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
• You agree to not share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
• We have the right to disable any password, whether chosen by you or allocated by us, at any time; if in our reasonable opinion you are in breach of these Terms.
• You are responsible for all actions or activities that happen by, through or under your account, unless you report misuse. These Terms prohibit sharing of login /passwords with different entities/individuals. In the event of any breach of security or unauthorized use of your login ID / user account, you must notify the Company immediately. The Company will not be liable for any loss caused by any unauthorized use of your login ID / user account. You will be liable for any and all losses arising due to breach of these Terms.

6. Access and Interference You agree that you will not, directly or indirectly:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or Services or any portion of the Platform or Services, without the Company’s express written consent, which may be withheld in the Company’s sole discretion.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform or Services, other than the search engines and search agents, if any, available through the Services and other than generally available third-party web browsers.
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that which otherwise interferes with the proper working of the Platform and/ or Services.
• Attempt to decipher, decompile, disassemble, or misuse the Platform and/or Services.

7. Information Collected by the Company or Third Party Merchants OctoPost may collect information including your personal information, financial information, business information, activities, income, reputation, assets, resume etc

OctoPost may engage independent merchants and third parties to provide certain services and/or products on the Platform. Access to any of Your personal information by these merchants is limited to the information reasonably necessary in order for the merchants to perform/provide their services on the Platform. We will not sell, distribute or lease Your personal information to merchants, (subject to OctoPost’s Privacy Policy, as amended from time to time) unless:

• Required by applicable law and so as to comply with legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify You in the event that we are required to provide Your personal information to merchants as part of the legal process
• We believe in good faith that disclosure is necessary to protect our rights, protect Your safety or the safety of others, investigate fraud or respond to a written government request.
• If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, We will provide notice before personally identifying information becomes subject to a different privacy statement.
• To any other merchant with Your prior consent to do so.

8. Platform Restrictions

a) Users shall not use the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation Company Content:

• in violation of any applicable laws or regulations.
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of third parties or violate the privacy, publicity or other personal rights of others.
• that belongs to another person/entity and to which the user does not have any right.
• that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
• harms minors in any way.
• deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature
• impersonates another person or entity
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the features or functionality of the Company’s systems, Platform, Services or the Company users, merchant’s systems or site.

b) Users are also prohibited from violating or attempting to violate the security of the Platform, including, without limitation the following activities:

• accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• attempting to interfere with Service to any user, host or network, including via means of submitting a virus to the Platform, overloading, flooding, spamming, mail bombing or crashing; or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. The Company will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

9. Your rights

• You retain your rights to any information or content you submit, post or display on or through the Platform (“your Content”). By submitting, posting or displaying your Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute your Content in any and all media or through any distribution channels (now known or later developed), subject to applicable provisions in our Privacy Policy.
• You are responsible for use of your Content and any consequences thereof, including any consequences of the use of your Content by other users or third parties. We are not responsible or liable for any use of your Content, nor the use of any content or information submitted or posted by other users, accessors or visitors.
• You represent and warrant that your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to your Content under these Terms.
• If you believe your intellectual property rights have been infringed, please contact us.

10. Limitation of Liability

a) To the fullest extent permitted by applicable law, the Company (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision, access or use of the Platform and/or Services as follows:

• we provide the Platform and any Services on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk
• we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and/or Services.
• we do not guarantee that the information or content you find on the Platform is accurate, truthful, complete and up-to-date
• we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement).
• we disclaim liability for any delay or disruption in our Platform and/or any defect, viruses, bugs or errors.
• we disclaim liability for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

b) To the fullest extent permitted by applicable law, Our Entities are not liable to you or others for:

• any indirect, incidental, special, exemplary, consequential or punitive damages
• any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any Services
• Other than the types of liabilities that cannot be limit by applicable law, the liabilities of Our Entities (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform which is equivalent to the origination fee or 1% (One percent) of the loan amount borrowed by You, whichever is lower. 11. Indemnity You agree to defend, indemnify, and hold harmless the Company, Our Entities, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or arising from (i) your Content or other material You provide to the Platform; (ii) Your use of any Company Content, or (iii) Your breach of these Terms. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

12. Term and Termination

These Terms will continue to apply until terminated by either you or us as follows:

a) You may stop using the Platform by deactivating your account.

b) We reserve the right to suspend or terminate your access to our Platform without notice and at our sole discretion, if we reasonably believe:

• you are in serious or repeated breach of these Terms (including a prolonged failure to settle any payment, if applicable)
• you are using the Platform in a manner that would cause risk of harm or loss to us, other users, third parties, merchants or the public
• we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes
• our provision of the Platform to you is no longer possible or commercially viable. In any of the above cases, we will make best efforts to notify you by the email address associated with your account or the next time you attempt to access your account, unless we are prohibited from notifying you by applicable law

c) Upon termination of your access or use of the Platform, these Terms will also terminate except for those clauses which are intended to survive.

d) If we consider necessary or appropriate at our sole discretion, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity; and providing any information about you within our systems to them.

e) Upon termination of your access or use of the Platform, the information provided by You shall be deleted by the Company subject to the terms of the Privacy Policy, unless the Company is required to retain the same in accordance with applicable laws.

13. Disclaimers

a) Use of the Platform and/or Services may be available through a Device, internet, and/or telecommunications network access and may require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of all agreements applicable to your Device, and/or internet and telecommunications use. You are responsible for obtaining any equipment and internet and telecommunications service necessary to access the Platform and Services and for paying any fees for such equipment and the internet and telecommunications services you select.

b) THIS PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM AND/OR SERVICE, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PLATFORM, OR THE QUALITY OR CONSISTENCY OF THE SERVICE OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE.

14. Governing Law

a) These terms are governed by and shall be construed in accordance with the laws of Wyoming.

b) In the event disputes arise the matter shall be submitted to the Wyoming judicial system . Any disputes arising out of this Agreement shall be decided by a sole arbitrator appointed by the Company. The venue of Arbitration shall be Wyoming. The language of the proceedings shall be English. The award by the arbitrator shall be final and binding.

c) The arbitrator shall be entitled to award costs of the arbitration. Subject to the aforesaid, each Party to any arbitration shall bear its own expense in relation thereto, including but not limited to such Party’s attorneys’ fees and the expenses and fees of the arbitrator shall be borne equally by the parties to the dispute.

15. Contact us

• As part of providing the Platform, we may provide you with certain communications through our agents, affiliates or any individual/third party contacting You on our behalf at any contact number, or through physical or electronic address including but not limited to service announcements, administrative messages, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications. Opting out from receiving such communications, may affect your use of our Platform and/or Services.
• Your acceptance of these Terms of Use expresses your consent to be contacted by us, our agents, Our Entities, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account.
• When we use the words “writing” or “written” in these terms, this includes emails. If we have to contact You, we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
• For any questions or problems relating to our Platform, our Services, or these Terms, you may contact our customer service team at support@octopostai.com LAST UPDATED: Jan 20, 2024