Terms and Conditions

The following terms of service (these “Terms and Conditions“), govern your access to and use of the Octopus Platform, including any content, functionality and services offered on or through www.theoctopus.ai or the Octopus application (the “Platform“) and its subsidiaries are collectively referred hereto

as “Octopus” “we” or “us” or “our” and “you” or “user” means you as a user of the Platform. Please read the Terms of Service carefully before you start to use the Platform. By using the Platform, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms and Conditions and Octopus Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Policies, found in this document. If you do not want to agree to these Terms of Service or Octopus other Policies, you must not access or use the Platform. For more detailed on our Policies surrounding the activity and usage on the Platform, please access the designated articles herein.

This Platform is offered and available to you. You confirm that you are at least 18 years of age and of legal age and the authorized person to form a binding contract. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Octopus may make changes to its Terms of Service from time to time. When these changes are made, Octopus will make a new copy of the terms of service available on this page.

Our Customer Support team is available if you have any questions regarding the Platform or the Terms. Contacting our Customer Support team can be performed by submitting a request.

Key Definitions

Applicable Data Protection Laws means the legislation protecting the fundamental rights and freedoms of individuals with regard to their right to privacy and Processing of Personal Data, including the GDPR and supplementing local as well as international laws.

You are users who purchase services on Octopus.

Octopus “we” or “us” or “our” means OCTOPUS FOR COMPUTER PROGRAMMING W.L.L, having its commercial registration No.: 160062-1, and all current and future global subsidiaries, affiliates, and/or successors of Octopus.

Orders are requests made by a you to receive an Offer from a Seller.

Sellers or Service Providers or Freelancers are users who offer and perform services through Services. In avoidance of any doubt could include Supplier(s), Service Provider(s) or third party related to the Seller/ Service Providers/Freelancers in question (if applicable).

Overview

Only registered users may utilize the services available on Octopus. Registration is free. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

You may not offer or accept payments using any method other than placing an order through the Platform.

Octopus retains the right to use all published delivered works and Logo Designs for Octopus marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy on our website.

Users undertake to comply with Octopus’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Octopus community and marketplace in addition to these Terms, as updated from time to time.

Shipping Physical Deliverables

Some of the services and/or products on Octopus are delivered physically. For these types of Offers, the Seller may decide to define a shipping pricing factor.

Offers that include a shipping pricing factor must have physical deliverables sent to you.
Sellers are responsible for all shipping arrangements once You provide the shipping address.
Octopus does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.You may not offer direct payments to Sellers using payment systems outside of the Octopus platform regarding products and services which are marketed through the platform. Octopus retains the right to use all publicly published delivered works for Octopus marketing and promotional purposes.

Orders

Once payment is confirmed, your order will be created and given a unique Octopus order number (#ON).
Sellers must deliver completed files and/or proof of work.
An Order is marked as Complete after it is marked as Delivered and then accepted by You and marked complete by the Seller. For the avoidance of doubt and in the event that a product or service require to be physically delivered to You. The Order shall be marked and considered as Complete upon the confirmation of the courier of its delivery to the address or destination provided by You and in the event that the service or product require no physical delivery the Order shall be marked and considered as Complete upon the confirmation of the Seller on Octopus platform.
We encourage You and Sellers to try and settle conflicts amongst yourselves. If for any reason this fails, users can contact Octopus’s Customer Support department for assistance.
Certain Offers that offer local services might require You and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Octopus does not guarantee the behavior, conduct, safety, suitability or ability of either You or Sellers. Both You and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Octopus has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed at Your premises, You are encouraged to maintain proper insurance policies to cover their liability as the premise owner.
If You wish to cancel an Order you have the choice to reschedule the service with the same requirements to the same Seller, a different seller, or request a refund. However, if the cancelation of an Order was past the allowed threshold which is three (3) working days prior to the due date/ delivery date (the “Late Cancelation”) then the Seller has the right to charge You for such Late Cancelation as set out and indicated on the Octopus Platform and Order Page. For the avoidance of doubt any Late Cancelation shall not result in any refund of any paid funds by you. Payment shall be refunded only in the event that You cancel the order prior to the Late Cancelation deadline.

Handling Orders

When You submit order for an Offer, the Seller is notified by email as well as notifications on the Platform/portal/mobile app while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Offers. Failing to do so will allow You (the Buyers) to cancel the Order when an Order is marked as late and may harm the Seller’s status.
You are responsible for scanning all transferred files for viruses and malware. Octopus will not be held responsible for any damages which might occur due to Platform usage, use of content or files transferred.

Conduct and Production

Octopus enables people around the world to create, share, sell and purchase nearly any service. Octopus maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Octopus

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

Any necessary exchange of personal information required to continue a service may be exchanged within the Octopus platform(s).
Octopus does not provide any guarantee of the level of service offered to You. You may use the dispute resolution tools provided to you in the Order Page.
Octopus does not provide protection for users who interact outside of the Octopus platform.
All information and file exchanges related to the offers or the Service(s) must be performed exclusively on Octopus’s platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Octopus is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Octopus to contract, engage with, or pay outside of Octopus.
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align on Order Cancellation or Feedback policies.
Sellers warrant that any content included in their Offers shall be original work conceived by the Sellers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks or service marks.

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms.

Sellers should recognize that there might be a need for You to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from You as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the You’s permission.

Violation of Octopus’s Terms of Service and/or our Community Standards may get your account disabled permanently.

Disclaimer of Warranties

Your use of the Platform, its content and any services or items obtained through the Platform is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither octopus nor any person associated with octopus makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Payment

The following terms (these “Payment Terms”) govern payments you make or receive through www.theoctopus.ai (the “Platform”).

A) Purchasing

You pay Octopus to create an order from a Seller’s Offer page. Octopus transfer such payments from You to Sellers and holding funds in connection with Octopus Balances. All payments services in connection with the collection of funds on the Octopus platform are performed in accordance with the laws and regulations of the territory which Octopus is located at.

Octopus serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments from You, and remitting those payments to Seller.

In most locations, purchases on Octopus can be made by using one of the following payment methods: Credit Card, Octopus Credits or existing Octopus Balance. Additional payment methods may apply in certain locations.

Service fees may be added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees.

Your existing Octopus Balance will be automatically applied to your next purchase.

You may not offer Sellers to pay or make payment using any method other than through the www.theoctopus.ai platform. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

You agree to receive invoices and/or payment receipts from Octopus in electronic form as PDF documents, by email or through the Platform.

By using any payment method and/or providing payment details for making purchases on Octopus, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Octopus; and (d) such actions do not violate any applicable law.

Octopus may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Octopus will be required to collect will be in addition to the purchase amount and any other fees payable by the You, and any amount Octopus will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.

In some events users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

B) Refunds

Octopus automatically refund payments made for applicable canceled Orders within the Grace Period back to your payment method.

Miscellanies

Indemnity: You agree to defend, indemnify, and hold harmless Octopus, its affiliates, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, including Your violation of the Terms, infringement by You or any third party using Your account or identity in the Services of any intellectual property or other right of any person or entity, and Your breach of any of these Terms or any obligation You may have to Octopus, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.

Data Protection: Octopus shall process Subscriber Personal Data as Controller under Applicable Data Protection Laws.

Intellectual property: Except as expressly provided herein, we alone retain all Intellectual Property Rights relating to the Services. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information or documentation provided by You relating to the Services shall be assigned by You to us. We will be free to use or disseminate Feedback. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms.

Ownership of Data: You shall retain all Intellectual Property Rights (if any) in Your Data. You hereby grant us a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of the Services to You. You also hereby grant us a license and right to use the Data anonymously and in the aggregate to improve the Services and provide the Services to other customers.

Authority: You warrant that where You have registered to use the Services on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Modification: We reserve the right, at our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services at any time by posting a notice on Octopus chat platform or other Octopus platform communicated methods or by sending You notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. It is Your responsibility to check these Terms periodically for changes. If you disagree with any changes we make, You can close your account at any time (according to these Terms) through Your account settings, otherwise, you agree to be bound by the updated terms, which will apply to Your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.

Force majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment: These Terms are personal to You, and You may not assign, transfer or sublicense (except as expressly permitted hereunder) Your license and/or right hereunder without our written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

No waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.

Termination

You may close or terminate your account at any time including termination for convenience. However, we also reserve the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal, fraudulent or inappropriate use of the Services. Users with disabled accounts will not be able to use the Services. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Accrued Rights: Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

remain liable for any accrued charges and amounts which become due for payment before or after termination;
remain obligated to refrain from any actions prohibited by the Terms that survive termination; and
immediately cease to use our Services.

These Terms shall be governed by and construed in accordance with the laws of Bahrain. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts in Bahrain.

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to contact@theoctopus.ai or to any other email address notified by email to You by us. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. Your continued use of the Platform will indicate your consent to be bound by the revised Agreement. Further, Octopus reserves the right, in its sole discretion, to change, modify, add, or remove portions from this Agreement. Your continued use of the Octopus Platform will indicate your acceptance of any such changes.