Octonity
Legal

Terms of Service

SaaS Products and Services. Written in the standard SaaS-terms structure — worth a full scroll.

Version 3.0 · Last updated: July 11, 2026

1. Introduction

These Terms of Service (“Terms”) set forth the terms and conditions that apply to your use of Octonity’s software, subscriptions and services (collectively the “Services”) as defined in these Terms. Please review these Terms carefully: they are a legal and binding agreement between you and Octonity (as defined in section 2). By (a) creating an account in the Services; (b) placing an order through the Services; or (c) using the Services in any other manner, you agree to these Terms. You cannot use the Services if you do not agree to these Terms.

The Services provide a single point of access to a hosted workspace for planning, designing, scheduling, publishing and moderating social media content, together with a Templates Marketplace, creator tools, unified inbox, and analytics (each Service is further described on its relevant page inside the Service or on octonity.com/features). Service features may be changed by Octonity at any time upon reasonable notice; Octonity has no obligation to introduce any updates, enhancements, modifications, revisions, or additions. Certain aspects of the Services may be marked “Beta,” “Preview,” or “Early Access.” Those features are provided as-is, may be modified or withdrawn at any time, and the warranties in section 14 do not apply to them.

If you purchase third-party products offered through the Services (e.g. connections to Meta, LinkedIn, TikTok, YouTube or X for social publishing), you may be required to review and agree to additional third-party terms. Using those integrations indicates your acceptance of those terms.

2. Contracting Parties

The Services are provided to you by Octonity (“we,” “us,” “our,” or the “Provider”), the operating company identified in the company-information block below, established in the Federal Republic of Germany. Where third-party providers contribute components of the Services (e.g. Microsoft Azure for hosting, Stripe for billing, Azure OpenAI for AI features), they operate under their own terms; Octonity remains your sole contractual counterpart under these Terms.

Company information

Legal name
[COMPANY LEGAL NAME + FORM (e.g. GmbH / UG) — TO BE CONFIRMED]
Trading name
Octonity
Registered address
[COMPANY REGISTERED ADDRESS — TO BE CONFIRMED]
Register
[COMMERCIAL REGISTER COURT + HRB NUMBER — TO BE CONFIRMED]
VAT ID
[VAT ID (USt-IdNr.) — TO BE CONFIRMED]
Managing director(s)
[MANAGING DIRECTOR(S) — TO BE CONFIRMED]
Group
Part of the LLS Group
Contact
legal@octonity.com

[PLACEHOLDER — legal review required: replace every “[COMPANY … — TO BE CONFIRMED]” entry above with the exact registered details (legal name and form, commercial register court and HRB number, VAT ID, registered address, managing directors) before first live customer signature and before the AppSumo deal goes live. These details must match the site imprint / Impressum.]

Octonity is part of the LLS Group. The group affiliation does not change your contractual counterpart, which remains the operating company named above.

3. What the Services Provide

Octonity offers a hosted workspace for social-media teams, agencies and creators. The Services include, without limitation: workspace and brand management; content design and editing (image + video); scheduled and immediate publishing to Connected Channels; a unified inbox for DMs, mentions and comments; AI-assisted moderation of inbound comments in 30+ languages; a Templates Marketplace with creator payouts; AI Studio (Ads, Product, Edit presets); creator public profiles; and analytics.

The Services may also provide single sign-on (“SSO”) across Octonity properties, which requires centralisation and combination of different available data sources into one shared account and customer record (see section 12). If you do not agree to that combination of data, you should NOT register for the Services.

4. License to Use

  1. Subject to your full and ongoing compliance with these Terms, including payment of all applicable Fees, Octonity grants you a personal, limited, non-exclusive, non-transferable, non-assignable, revocable licence to use the Services during the Term, only as authorised in these Terms.
  2. Third-party software or licences accessed through the Services (e.g. social-network APIs, embedded fonts, stock media) may additionally be governed by their own end-user terms. Any use of those items is subject to your prior acceptance of the underlying provider’s terms.
  3. The Services are directed to persons of the age of digital consent in their jurisdiction (16 years old in the EU) or older. The Services are primarily directed to businesses; where a Consumer (a natural person acting outside their trade, business, craft or profession — Directive 2011/83/EU; BGB § 13) is permitted to purchase a Subscription directly, the Consumer provisions in these Terms (in particular sections 7 and 8) apply in addition to the general Terms.

5. Your Obligations and Conduct

  1. You agree to be solely responsible for: (i) any passwords and second-factor tokens used with the Services and their security, and (ii) the provision of true, accurate, current and complete information when registering for the Services. If you provide information that is false, inaccurate, out-of-date or incomplete, or if Octonity has reasonable grounds to suspect that it is, Octonity may suspend or terminate your account and refuse any current or future use of, or access to, the Services (or any portion of them). Octonity is not liable for any unauthorised use of your Services account or any third-party services associated with it, and you accept all risks of unauthorised access based on grounds not attributable to Octonity (e.g. your disclosure or loss of credentials).
  2. Octonity may delete abandoned free accounts or access to free Services after a reasonable timeframe of inactivity.
  3. The Services grant you access to Connected Channels via OAuth-scoped tokens. The creation, modification, or termination of any Subscription or connected-account relationship inside the Services may have direct commercial effect on your invoice. You bear any financial liability as a result of any Service use, Subscription change or licensing transaction initiated within your account.
  4. Where the Services allow you to enter, manage or maintain data of others (team members, invited creators, campaign collaborators, customers reachable via Marketplace), your processing of any personal data belonging to those persons may be restricted by privacy laws, and you reaffirm that you have all required consents and authorisations by the affected data subjects. Octonity is not responsible for breaches of privacy laws caused by your use of the data you provide within the Services. Where our Services process personal data on your behalf, the Octonity Data Processing Agreement (available on request; forming an integral part of these Terms while in force) governs that processing.
  5. You agree not to misuse the Services. Any use which violates these Terms, the Octonity Privacy Policy, additional conditions, or applicable law constitutes “misuse.” In such a case Octonity may, at its own discretion, deny or terminate access to the Services without prior notice. While using the Services, you will not do any of the following:
    1. send unauthorised commercial communications (spam) via the Services or a Connected Channel;
    2. collect content or information from other users by automated means without their express authorisation;
    3. upload, host, send or distribute viruses or other harmful code;
    4. bully, threaten or harass others;
    5. post, send or transmit content that is illegal, hateful, obscene, threatening, violent, abusive, defamatory, infringing of intellectual-property rights, invasive of privacy, containing sexually explicit material involving minors, or otherwise objectionable;
    6. harass, threaten, embarrass, or impersonate any person or entity, or prevent any person from using or benefiting from the Services;
    7. take any action that imposes a disproportionately large usage load on the Services (e.g. automated crawlers, unthrottled bulk operations) without our prior written authorisation;
    8. publish, post or transmit misleading content, or engage in coordinated inauthentic behaviour on any Connected Channel;
    9. transmit any information you are not authorised to provide under applicable law or under any contractual or fiduciary relationship;
    10. encourage or promote pyramid schemes, chain letters, or unsolicited email;
    11. publish, post or transmit hyperlinks to third-party sites that violate these Terms;
    12. facilitate or encourage violations of these Terms;
    13. interfere with, disrupt, damage, or create an undue burden on the Services or the networks or services connected to them;
    14. commit or contribute to any criminal offence or tortious act;
    15. solicit or post personally-identifiable information of others, or knowingly collect information from minors;
    16. solicit login credentials or access another party’s account;
    17. attempt to impersonate any person or entity, including any Octonity employee, in order to misrepresent affiliation or origin;
    18. provide false personal information or create an account for another person without authorisation;
    19. engage in the sale or other transfer of your account without Octonity’s prior written permission;
    20. use the Services (including AI features) to train, build, or evaluate a competing product or service, or to benchmark the Services for competitive analysis.

6. Our Obligations

  1. Subject to your compliance with these Terms, Octonity grants you access to the Services via your access credentials and in accordance with the type of your Subscription. Access to paid features is conditioned upon full payment of the applicable Fees.
  2. Octonity’s sole and exclusive obligation is to provide you with reasonable access to the Services you are eligible for.
  3. Technical support relating to availability and functionality of the Services is provided by Octonity through the support channels listed in the Service. Product-related requests concerning third-party integrations (e.g. Meta, LinkedIn, TikTok, YouTube, X) may need to be raised with the respective provider directly and are subject to their individual support policies.
  4. Where SSO or third-party integrations are included, you acknowledge that Octonity is not responsible for changes to, functionality of, or defects in any third-party application, and that interoperability with the Services can be broken temporarily or permanently at any time.
  5. Octonity disclaims any responsibility or liability with respect to the data entered or stored by you when utilising the Services. Octonity does not assume responsibility for the output of the Services — including scheduled posts, template renders, moderation verdicts, AI-generated variants, analytics estimates, or any other Service result. Although Octonity expressly prohibits the uploading of illegal, hateful, obscene, threatening, violent, abusive, defamatory, infringing, or otherwise objectionable content (see section 5), such content is not pre-screened. You accept that you may be exposed to it and use the Services at your own risk. Octonity reserves the right, but is not obligated, to remove any content deemed to violate these Terms or applicable law without notifying you.

7. Fees and Payments

  1. Payments are processed by our payment provider Stripe, Inc. (“Stripe”). By initiating a purchase you agree to be additionally bound by Stripe’s terms of service. Octonity disclaims any liability for the performance of the payment transactions via Stripe, including for loss or damage from errant, invalid, or undelivered transactions.
  2. Fees for Subscriptions are stated in the Service at purchase time and are exclusive of applicable taxes unless expressly stated. If a valid VAT ID is provided at signup and the EU reverse-charge mechanism applies, taxes will be adjusted accordingly.
  3. Octonity may add, remove, or modify Services or functionalities at any time. Octonity may amend these Terms and Subscription pricing at any time by providing 30 days’ prior written notice. If you do not agree with such a change, you must terminate the affected Subscription before the 30-day period ends; the current Subscription will remain active until the end of its cycle at the previously agreed pricing. Continued use after the 30-day period constitutes acceptance of the change.
  4. All fees and charges shall be payable net cash without deductions for taxes, assessments, or charges of any kind. You are responsible for paying all sales, use, excise, value-added, withholding or other tax or governmental charges imposed on the licensing or use of the Services. In the event withholding taxes apply to any payment from you to Octonity, Octonity may automatically increase the original price by the amount of such taxes and you will remit them to your respective authority.
  5. Recurring Subscription Fees are charged automatically at the start of each billing cycle. If a payment attempt fails, Octonity may retry for a reasonable period and, after continued non-payment, suspend or terminate access.
  6. Unless set forth to the contrary in an order form, invoices are due immediately upon purchase and payable within fourteen (14) days from the date of invoice. Should you dispute any invoice, you must provide written notice of the dispute within seven (7) days after the invoice was transmitted, specifically stating the reasons.
  7. EU Consumer withdrawal right. If you are a Consumer resident in the European Union, you have the right to withdraw from these Terms within fourteen (14) days of first accepting them, without giving a reason. To exercise this right, inform us by a clear statement (e.g. email to legal@octonity.com) before the 14-day period ends. You expressly agree that the Service may begin during the withdrawal period and acknowledge that, once the Service has been fully performed within that period at your request, the right of withdrawal is lost. If you withdraw before the Service has been fully performed, we will refund the Fees minus a proportionate amount for the Service already supplied.

8. Term / Termination

  1. Upon your successful registration, these Terms govern your use of the Services for as long as you use them. Chargeable Subscriptions begin immediately on completion of the corresponding transaction by clicking the order button for the agreed and chosen term (monthly or annual). The Subscription Term is automatically extended at its end by the previously selected term unless cancelled.
  2. You may stop using the Services (and end applicability of these Terms) by permanently closing your workspace in Settings → Workspace or cancelling from Settings → Billing. If you cancel a paid Subscription, you can continue using the Service until the end of the current billing cycle. You will not receive a refund for pre-paid terms, unless Octonity decides otherwise at its discretion or if required by law.
  3. Either you or Octonity may at any time terminate your access to the Services and/or delete your account for cause if the other party fails to perform any material obligation imposed by these Terms or otherwise breaches any material provision. Failure to pay Fees of any type is a material breach.
  4. Upon termination or workspace closure, you will no longer have access to the Services (including any SSO features). Data associated with your workspace will be retained for thirty (30) days after termination to allow you to export it, and will then be permanently deleted, except for (i) data retained in encrypted backups for a limited period as described in the Privacy Policy, and (ii) residual retention required by law (e.g. billing records under German commercial and tax law). The same 30-day export-then-delete cycle applies whether you cancel, we terminate for cause, or your account is closed.
  5. Data export. Before deletion, and during any active Subscription, you may export your workspace data (including scheduled and published content, media you uploaded, and available analytics) in a commonly used, machine-readable format using the in-product export tools, or by request to support@octonity.com, where technically feasible. Content that can only be retrieved from a Connected Channel (rather than from Octonity) remains subject to that Platform’s own export tools.
  6. Discontinuation of the Services.Octonity may discontinue the Services or a product. If it does, Octonity will use reasonable efforts to give affected users at least sixty (60) days’ prior notice and to provide a means to export data as described above, where technically feasible. Discontinuation may occur on shorter notice where required by law or for reasons of safety, security, or force majeure. Discontinuation ends access to the Services, including any Lifetime Access (see section 16), and does not, of itself, create a right to a refund beyond what these Terms or applicable law require.

9. Confidentiality of Information / Intellectual Property Rights

  1. In performing these Terms, both you and Octonity (each a “Receiving Party” in respect of information provided by the other, the “Disclosing Party”) may be furnished with information that the Disclosing Party considers confidential (“Confidential Information”), including but not limited to product roadmaps, non-public pricing, financial data, customer lists, and any information that would reasonably be considered a trade secret. The Receiving Party shall (I) hold Confidential Information in strict confidence, (II) use it solely for fulfilling obligations under these Terms, and (III) accord it at least the same level of protection against unauthorised use or disclosure it customarily accords its own Confidential Information — in no event less than a reasonable level of protection. Upon termination of your access, or on request of the Disclosing Party, the Receiving Party shall return or destroy all Confidential Information.
  2. Personal data provided in the course of setting up or using your workspace is processed by Octonity in accordance with its Privacy Policy and the DPA, on the legal bases set out there (Article 6(1)(b) GDPR — contract performance; Article 6(1)(f) GDPR — legitimate interests, in each case as further detailed in the Privacy Policy).
  3. Octonity does not sell your personal information to third parties. The term “sale” in certain jurisdictions may include providing data to payment processors or to entities whose products Octonity resells (e.g. Stripe, Marketplace authors); those transfers are made only where necessary to perform the contract with you. If you opt out of such sharing via privacy@octonity.com, Octonity may be unable to provide certain Services.
  4. Ownership.The Services, including all software, source code, designs, editor scene formats, databases, documentation, and materials made available through them (collectively the “Products”) are protected under copyright law and other laws protecting intellectual-property rights. Octonity retains sole title to and ownership of the Products and any copies made by you. Nothing in these Terms gives you any ownership interest in the Products, except for the limited licence granted in section 4.
  5. Octonity Marks.“Octonity,” the names of the Services, and all related logos, trademarks, service marks, trade names, trade dress, domain names, and other brand features (collectively the “Octonity Marks”) are and remain the exclusive property of Octonity. Except as expressly permitted in writing by Octonity, you acquire no right, title, licence or interest in any Octonity Mark, and you shall not use, adopt, register or seek to register any Octonity Mark or any name, logo, or designation that is identical or confusingly similar in any jurisdiction. In particular you shall not, directly or indirectly: (i) register any domain name, sub-domain, social-media handle, or account name that incorporates or is confusingly similar to an Octonity Mark; (ii) imitate, copy, reproduce, mirror, frame, or create a substantially similar version of the look-and-feel of any Octonity website, application, or user interface; (iii) operate or publish any communication that misrepresents affiliation, endorsement, or connection with Octonity; or (iv) use any Octonity Mark in a manner that disparages, dilutes, or otherwise impairs the goodwill of Octonity. Upon Octonity’s written request you shall promptly cease any such use.
  6. Restrictions on Use. Except as expressly permitted by these Terms or by mandatory applicable law that cannot be excluded by agreement, you shall not, and shall not authorise any third party to: (i) copy, modify, adapt, translate or create derivative works of the Services or Products; (ii) reverse-engineer, decompile or disassemble the Services or Products, or attempt to derive their source code, algorithms, file formats or structure; (iii) rent, lease, lend, sell, sublicense, distribute, publish, or host the Services or Products, or make them available as a service bureau or on a time-sharing basis, except as expressly authorised (e.g. the Templates Marketplace share-link programme); (iv) remove, alter, obscure or circumvent any proprietary notices, licensing, authentication, usage-metering, or other technical protection measures; or (v) access or use the Services or Products to build, train or assist in developing a competing product or service, for benchmarking, or for competitive analysis. All rights not expressly granted are reserved by Octonity.
  7. Your Content. You retain all ownership of the Content you create, upload, schedule or publish through the Services. You grant Octonity a worldwide, royalty-free, non-exclusive licence to host, copy, transmit, adapt, and display your Content solely to the extent necessary to operate the Services for you (for example, to render a post in the editor, to push it to a Connected Channel at the time you scheduled it, or to include a template preview in your own Marketplace listing). This licence ends when you delete the Content or close your workspace, except to the extent (i) retained in encrypted backups for up to 30 days, or (ii) required to be retained by law.
  8. Feedback.If you provide Octonity with any suggestions, ideas, enhancement requests, recommendations or other feedback (“Feedback”), you grant Octonity a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable licence to use, reproduce, modify, exploit, and incorporate such Feedback into the Services and any other Octonity offering, without any obligation, attribution, or compensation to you. Feedback is not Confidential Information.
  9. Equitable relief. You acknowledge that any actual or threatened breach of the confidentiality or intellectual-property provisions of these Terms may cause Octonity irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, Octonity shall be entitled to seek injunctive or other equitable relief to prevent or curtail any such breach, without the necessity of posting a bond or proving actual damages.
  10. AI-generated results. Certain Services (including AI Studio, AI-assisted edit presets, moderation classifier, caption auto-tag) use artificial-intelligence functionalities. Where you use an AI-based feature, any intellectual-property rights in the Service result vest in you. However, you acknowledge that AI-generated results may not be unique at all times and that inputs to AI features may be processed to deliver the requested output. You confirm that you will not submit proprietary information or third-party data you are not authorised to submit as inputs to AI features. Octonity disclaims any responsibility or liability for AI-generated results. You are responsible for the results so created and for their compliance with applicable laws — before publishing an AI-generated result you will check that it does not (i) violate any applicable laws, (ii) breach these Terms, or (iii) infringe, violate, or misappropriate any rights of a third party.

10. Indemnity

You hereby agree to indemnify and hold harmless Octonity, its subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents (collectively the “Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees (collectively “Losses”), insofar as such Losses arise out of or are based on: (i) any breach of any representation or warranty made by you under these Terms; (ii) any breach of any covenant or agreement made by you, or any failure by you to perform the obligations imposed by these Terms; (iii) any Loss suffered by any of the Indemnified Parties arising from your conduct in using the Services; or (iv) your violation of any rights of another person or entity, including third-party intellectual-property rights, moral rights, publicity, privacy, or the life or health of individuals.

11. Modification of Terms and Services

Octonity may make changes to these Terms or matters concerning the Services by displaying notices in your account or by providing you a change notice via email. It is your responsibility to periodically check these Terms and your account for changes. Octonity reserves the right to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) with or without notice. Octonity may make changes to the Services and the online store, including regarding products, services, programs, and prices, at any time upon reasonable notice.

Octonity may, in its sole discretion, terminate your credentials or your use of any Services if it reasonably believes you have violated or acted inconsistently with these Terms, and in such case may de-activate or delete your account and files without prior notice. Octonity will not be liable to you or any third party for any termination, modification, or suspension of your access. Account data (including personal information) will be deleted after a reasonable timeframe and in accordance with the Privacy Policy.

12. Communications, Recommendations and Usage Data

Octonity may use the data you provide and generate within the Services or your usage behaviour to provide you with tailored recommendations, product tips, and offerings related to Octonity products, extensions, content, or functionalities that may be of interest to you (an “Offering”). You may at any time opt out of Offerings by clicking the unsubscribe option in any communication received. Product-critical notices (e.g. security alerts, terms updates, receipts) will still be sent as part of the contractual relationship between you and Octonity.

During your use of the Services, Octonity may collect, store, and use usage data to facilitate provision of the Services, to monitor and secure compliance with usage limitations, and for maintenance, support, account management, and billing purposes. Octonity may utilise usage data to enhance the Services. Usage data is aggregated and/or anonymised and cannot be used to identify you.

To the extent permitted by applicable law, Octonity may collect, generate, record, store, combine, analyse, and otherwise process metadata, configuration data, technical, diagnostic, telemetry, performance and analytics data, log data, security data, and usage data relating to your use of and the operation of the Services (collectively “Service Data”). Octonity may use Service Data to operate, secure, maintain, troubleshoot, measure, analyse, develop and improve the Services, to develop new products, services and functionalities, to generate statistics, models, and reports, to verify and enforce compliance with usage limitations and these Terms, and to detect, prevent and investigate fraud, abuse, and security or integrity incidents. Where Service Data relates to an identified or identifiable natural person, Octonity processes it on the basis of its legitimate interests (Article 6(1)(f) GDPR) and, where applicable, the performance of the contract with you (Article 6(1)(b) GDPR), in each case in accordance with the Privacy Policy. Octonity may retain Service Data indefinitely in aggregated and/or de-identified form.

You acknowledge and agree that the combination, correlation and centralised management of data originating from different Octonity Services and Products is a core functionality of the Octonity ecosystem. Octonity may link, match, combine and consolidate your registration, account, contact and profile data, your Subscription, entitlement and order data, your billing and payment data, and your usage and Service Data across the Services and Products, and may associate and maintain them under a single, unified account structure and customer record.

13. Links

Within the Services you may be provided with links to other Internet sites or resources (e.g. Connected Channels, Stripe Checkout, third-party asset providers). Because Octonity has no control over such sites and resources, you acknowledge and agree that Octonity is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from them. Octonity is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services. Links are provided as a convenience and inclusion of any link does not imply endorsement.

14. Representations and Warranties

  1. Octonity warrants that it has the right to provide you with access to the Services. Octonity further warrants that the Services substantially function in accordance with their respective feature description or documentation for a period of at least 90 days from the Subscription start date. Except as expressly stated in the prior sentence, the Services are provided “as is” and “as available,” and all other warranties, express or implied — including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or any implied warranties arising from course of dealing, course of performance or usage of trade — are disclaimed. Octonity makes no representations, warranties, conditions, or guarantees as to the quality, suitability, truth, accuracy, or completeness of any content contained in the Services or any product or service to which the Services connect.
  2. You warrant that: (a) you have the full right, power and authority to enter into these Terms; (b) execution and performance of these Terms does not violate any agreement to which you are a party or by which you are bound; (c) once accepted, these Terms constitute a legal, valid, and binding obligation, enforceable against you; and (d) you will comply with all applicable laws related to your use and installation of the Services and the performance of your obligations.
  3. Octonity makes no warranty or condition that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from use of the Services will be accurate or reliable; (iv) the quality of any products, software, services, information, or other material obtained through the Services will meet your expectations; or (v) any errors in any software or Services will be corrected.
  4. Your use of the Services is at your sole risk. The Services and content therein are provided “with all faults.” Any material downloaded through the Services is at your discretion and risk, and you are solely responsible for any damage to your computer system, loss of data or infringement resulting from it.
  5. No advice or information, oral or written, obtained through the Services creates any warranty not expressly stated in these Terms.

15. Limitation of Liability

  1. All of Octonity’s obligations regarding warranties are contingent on your use of the Services in accordance with these Terms. Octonity has no warranty obligations regarding failures resulting from accident, abuse, misapplication, extreme power surge, or extreme electromagnetic field.
  2. Octonity shall be liable without limitation (i) in cases of intent or gross negligence, (ii) for injury to life, limb, or health, (iii) in accordance with the German Product Liability Act (Produkthaftungsgesetz), and (iv) to the extent of a guarantee assumed by Octonity. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), Octonity’s liability shall be limited to the amount of damage that is foreseeable and typical for the type of business, capped at the Fees you paid to Octonity in the twelve (12) months immediately preceding the event giving rise to the claim. Octonity shall not be liable to any further extent. Unless otherwise agreed, claims for lost profits are excluded.
  3. The above limitation of liability also applies to the personal liability of Octonity’s employees, representatives, and organs.

16. AppSumo Lifetime Deal

If you purchased a lifetime licence to Octonity (“Lifetime Access”) through an AppSumo Lifetime Deal (the “Deal”), the following applies in addition to these Terms, and the full AppSumo Lifetime Deal Terms govern the Deal. In case of conflict on Deal-specific matters, the AppSumo Lifetime Deal Terms prevail; on the scope of the Deal itself, the official AppSumo deal page as published at your purchase controls.

  1. Meaning of Lifetime Access. Lifetime Access means access to the Octonity product for the operational lifetime of that product, subject to the plan/tier you purchased, these Terms, the AppSumo Lifetime Deal Terms, the Fair Use Policy, and the continued availability of the third-party services on which the Services depend. “Lifetime” refers to the life of the product, not of the purchaser, and is not a perpetual or irrevocable right (see section 8 on discontinuation).
  2. What it does not include. Lifetime Access does not mean unlimited AI usage, unlimited image or media generation, unlimited storage, workspaces, social accounts, scheduled posts, seats, or exports, nor access to all future premium features, products, or add-ons. Included resources are capped by your tier limits.
  3. Tier limits and credits. Lifetime Access is limited to the quotas of the tier you purchased (e.g. workspaces, social accounts, scheduled posts, AI credits, storage, exports, team seats, and template kits). Unused monthly credits or allowances do not roll over unless expressly stated. Additional AI credits, storage, workspaces, premium templates, and premium add-ons may be sold separately.
  4. AI usage. Octonity may reasonably modify the AI models used, the value or definition of AI credits, or offer equivalent functionality, due to AI-provider availability or pricing, legal compliance, security, abuse prevention, technical limitations, or the sustainability of the Services. No AI usage is unlimited and no specific model, output quality, or credit value is guaranteed.
  5. Third-party dependencies.Integrations with Meta, Facebook, Instagram, TikTok, LinkedIn, YouTube, X, Pinterest, and other supported platforms depend on those providers’ APIs and terms. Integrations may change, degrade, or be discontinued if a provider modifies or removes API access; this is not a breach of these Terms.
  6. Future features. Lifetime Access includes updates to the features in your tier but not, automatically, future premium modules, marketplace items, advanced AI models, enterprise features, white-label functionality, custom integrations, or other paid add-ons unless expressly included on the AppSumo deal page.
  7. Refunds. Refunds for the Deal are handled by AppSumo in accordance with the official AppSumo deal page and applicable law.
  8. No transfer or resale. Lifetime Access is personal and non-transferable. Except where AppSumo expressly permits a transfer through its own platform, you may not sell, resell, sublicense, share, or transfer your Lifetime Access, AppSumo code(s), or account (see also section 5).
  9. Product shutdown.Lifetime Access ends if the product is discontinued. Octonity will use reasonable efforts to give at least sixty (60) days’ notice and to enable data export where technically feasible (see section 8).

17. Fair Use

Your use of the Services is subject to Octonity’s Fair Use Policy, which forms part of these Terms and applies to all plans, including Lifetime Access. Among other things, you must not use the Services for spam, scraping, excessive or automated AI usage beyond your plan, automated abuse, account sharing beyond your plan limits, resale, or any attempt to bypass tier limits; you must not upload or generate unlawful content; and you must not engage in activity that creates a disproportionate technical or financial burden on Octonity or its providers. Octonity may throttle, suspend, or terminate access for breaches of the Fair Use Policy, proportionately and, where practicable, with notice, as set out in that policy and in sections 5, 8, and 11.

18. General

  1. Governing law and jurisdiction. These Terms and your use of the Services are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for disputes arising out of or in connection with these Terms is Berlin, Germany, subject to any mandatory consumer-protection law that gives a Consumer the right to sue in their habitual residence.
  2. Notices. All notices expressly contemplated by or related to these Terms or your use of the Services shall be made in writing and shall be deemed to have been duly given: (I) when hand-delivered to the addressee; (II) when provably transmitted by email with confirmation of receipt; (III) one business day after being given to an overnight courier with a reliable tracking system; or (IV) three business days after mailing by registered or certified mail, return receipt requested, postage prepaid. Notices to Octonity shall be sent to legal@octonity.com. Notices to you will be sent to the email address on file for the workspace owner.
  3. Export control and sanctions.You agree that you will not, directly or indirectly, use, access, install, sublicense, or resell any items provided through the Services, access the Services, or otherwise engage in any dealing or transaction with or involving any country, region, or person if such would be prohibited for any EU citizen by virtue of any applicable law. The foregoing applies, without limitation, to any individual or organisation on the EU Consolidated Sanctions List or the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons list.
  4. EU online dispute resolution. The European Commission provides an online dispute resolution (ODR) platform for Consumers at https://ec.europa.eu/consumers/odr. Octonity is neither required nor willing to participate in a dispute-resolution procedure before a consumer arbitration board.
  5. Assignment. You may not assign or transfer these Terms or your account without our prior written consent (not to be unreasonably withheld). Octonity may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, on written notice to you.
  6. Force majeure. Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including natural disaster, war, terrorism, civil disturbance, general internet outage, cyber-attack, third-party API failure, or governmental action.
  7. Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, the DPA (where applicable), and any signed order form, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements on the same subject.
  8. Severability. If any provision is held unenforceable, the remainder remains in effect and the parties will replace the unenforceable provision with a valid one closest to the original intent.
  9. No waiver. A failure or delay in enforcing a right is not a waiver of that right.
  10. No agency. Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties.
  11. Language. These Terms are in English; any translation is provided for convenience only and the English version controls.
  12. Contact. Questions about these Terms: legal@octonity.com. Data-protection questions: privacy@octonity.com. Security reports: security@octonity.com.