Loading...
Octahedron Sign in Contact Us

Terms of Use

1. Acceptance of Terms

1.1 Agreement: These Terms of Use ("Terms") govern your access to and use of Octahedron ("Platform"). By accessing or using Octahedron, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using Octahedron.

1.2 Amendments: Provider reserves the right to modify, update, or replace these Terms at any time without prior notice. The most current version of the Terms will be posted on the Octahedron website. Your continued use of Octahedron after any changes to the Terms constitutes your acceptance of the modified Terms.

2. Use of Octahedron

2.1 License Grant: Subject to your compliance with these Terms, Provider grants you a limited, non-exclusive, non-transferable, revocable license to access and use Octahedron for your internal business purposes.

2.2 User Responsibilities: You agree to use Octahedron in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Prohibited Activities: You shall not, directly or indirectly:

  • a) Use Octahedron for any unlawful, unauthorized, or fraudulent purpose.
  • b) Interfere with or disrupt the operation or security of Octahedron or its underlying infrastructure.
  • c) Upload or transmit any viruses, malware, or other harmful code.
  • d) Reverse engineer, decompile, or disassemble Octahedron or any part thereof.
  • e) Use Octahedron to infringe upon any intellectual property rights or violate the privacy or rights of others.
3. Intellectual Property Rights

3.1 Ownership: Octahedron and all intellectual property rights therein are and shall remain the exclusive property of Provider or its licensors. These Terms do not grant you any ownership or rights to Octahedron, except as expressly stated herein.

3.2 Feedback: If you provide any feedback, suggestions, or ideas to Provider regarding Octahedron, you grant Provider a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such feedback into Octahedron without any obligation or compensation to you.

4. Disclaimer of Warranties

4.1 As-Is Basis: Octahedron is provided on an "as-is" and "as available" basis. Provider does not warrant or guarantee that Octahedron will be error-free, uninterrupted, or free from defects or vulnerabilities. Your use of Octahedron is at your own risk.

4.2 No Endorsement: Provider does not endorse, guarantee, or assume responsibility for the accuracy, completeness, reliability, or usefulness of any content, information, or materials accessed through Octahedron.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Provider and its affiliates, officers, directors, employees, and licensors shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of Octahedron, even if Provider has been advised of the possibility of such damages.

6. Termination

6.1 Termination: Provider reserves the right to modify, suspend, or terminate Octahedron, in whole or in part, at any time and without prior notice. Provider shall not be liable to you or any third party for any modification, suspension, or termination of Octahedron.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Delaware. Any disputes arising out of or relating to these Terms or Octahedron shall be subject to the exclusive jurisdiction of the courts of Delaware.

8. Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. These Terms constitute the entire agreement between you and Provider regarding your use of Octahedron and supersede all prior or contemporaneous understandings or agreements, whether oral or written.

Data Protection Addendum

This Data Protection Addendum ("Addendum") is entered into between Octahedron ("Provider") and User ("Customer"), collectively referred to as the "Parties" or individually as a "Party."

1. Purpose and Scope

1.1 Purpose: The purpose of this Addendum is to set forth the terms and conditions under which Provider will process personal data on behalf of Customer in connection with the use of Octahedron.

1.2 Scope: This Addendum applies to the processing of personal data by Provider as a data processor on behalf of Customer as a data controller in the context of the services provided by Octahedron.

2. Definitions

2.1 "Data Controller" means the entity that determines the purposes and means of the processing of personal data.

2.2 "Data Processor" means the entity that processes personal data on behalf of the Data Controller.

2.3 "Personal Data" means any information relating to an identified or identifiable individual.

3. Obligations of the Parties

3.1 Data Protection Principles: Provider shall process personal data in accordance with applicable data protection laws and regulations. Provider agrees to process personal data only on documented instructions from Customer, unless required to do so by applicable law.

3.2 Data Processing Requirements: Provider shall implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage. Provider shall ensure that its personnel involved in the processing of personal data are subject to appropriate confidentiality obligations.

3.3 Subprocessing: Provider may engage subprocessors to assist in the provision of the services under Octahedron. Provider shall ensure that any subprocessor engaged is bound by written data protection obligations consistent with the requirements of this Addendum.

4. Customer's Responsibilities

4.1 Compliance with Applicable Laws: Customer warrants and represents that it has complied, and will continue to comply, with all applicable data protection laws and regulations in connection with the processing of personal data.

4.2 Lawful Basis and Data Subjects' Rights: Customer is responsible for ensuring that it has a lawful basis for the processing of personal data and for responding to requests from data subjects exercising their rights under applicable data protection laws.

5. Data Transfers

5.1 Transfers of Personal Data: If personal data is transferred from the European Economic Area (EEA) to a jurisdiction outside the EEA that has not been recognized by the European Commission as providing an adequate level of protection, Provider shall implement appropriate safeguards to ensure the protection of personal data in accordance with applicable data protection laws.

6. Data Breach Notification

6.1 Data Breach Notification: Provider shall notify Customer without undue delay after becoming aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data processed under this Addendum. Provider shall provide reasonable assistance to Customer in investigating and mitigating the effects of any data breach.

7. Term and Termination

7.1 Term: This Addendum shall remain in effect for the duration of the agreement between Provider and Customer for the provision of Octahedron services.

7.2 Termination: Either Party may terminate this Addendum if the other Party has materially breached its obligations under this Addendum, and such breach remains uncured for a period of [number of days] after written notice from the non-breaching Party.

8. Governing Law and Jurisdiction

This Addendum shall be governed by and construed in accordance with the laws of Delaware. Any disputes arising out of or relating to this Addendum shall be subject to the exclusive jurisdiction of the courts of Delaware.