Terms of Service

1. Acceptance of Terms

By creating an account, connecting a social media account, or otherwise accessing or using OctoSocial (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" include that entity.

2. Eligibility

You must be at least 18 years of age to use the Service. By using OctoSocial, you represent and warrant that you meet this requirement. You are also responsible for ensuring your use of the Service complies with all applicable laws in your jurisdiction.

Each social media platform you connect to OctoSocial has its own minimum age requirements. You are responsible for complying with those requirements independently.

3. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@octosocial.app if you suspect unauthorized access to your account.

You may not create accounts using automated means, impersonate another person, or create accounts for purposes other than your own legitimate use of the Service.

4. Third-Party Platform Connections

OctoSocial connects to third-party social media platforms — currently X (Twitter), Instagram, and Bluesky — via OAuth authorization or equivalent authentication mechanisms. By connecting a platform account, you:

• Authorize OctoSocial to read your existing posts (up to 200 per connected account) for the purpose of building your Voice Profile, as described in Section 5 below.
• Authorize OctoSocial to publish content to your account on your behalf when you approve and schedule a post through the Service.
• Represent that your use of OctoSocial in connection with each platform complies with that platform's own Terms of Service, API policies, and Developer Agreement.

OctoSocial does not control third-party platforms and is not responsible for their availability, changes to their APIs, or restrictions they may impose on your account. Platform policy changes may affect or limit the Service's functionality without notice, and OctoSocial is not liable for any resulting disruption.

You may disconnect a platform account at any time through your account settings. Doing so will pause suggestion generation and scheduled publishing for that platform.

5. AI Voice Profile and Content Ingestion

A core feature of OctoSocial is the AI Voice Profile — a representation of your writing style, tone, and vocabulary built from two sources: (a) an onboarding interview conducted within the Service, and (b) analysis of your existing social media posts ingested via connected platform APIs.

By using the Service, you authorize OctoSocial to:

• Retrieve and store up to 200 of your most recent posts from each connected platform for the purpose of building and refining your Voice Profile.
• Process the text, structure, and metadata of those posts using AI/ML systems to extract style, tone, and vocabulary signals.
• Use your Voice Profile data to generate content suggestions tailored to your style.
• Update your Voice Profile over time based on feedback you provide within the Service (such as marking suggestions as "Not my voice").

Your ingested posts and Voice Profile data are stored on a per-user basis and are not shared with other users or used to train general-purpose AI models shared across users. For details on how we handle your data, see our Privacy Policy.

You can request deletion of your Voice Profile and associated ingested content by contacting us at hello@octosocial.app. Deleting this data will prevent the Service from generating personalized suggestions until a new profile is built.

6. AI-Generated Content — Your Responsibility

OctoSocial uses AI systems to generate draft content suggestions ("Suggestions"). These Suggestions are starting points for your review and editing — not final, ready-to-publish content.

You are solely responsible for reviewing all Suggestions before publishing. By publishing any content through OctoSocial, you represent that you have reviewed it and that it complies with applicable laws and platform policies. OctoSocial makes no representations or warranties about the accuracy, legality, originality, or appropriateness of AI-generated Suggestions.

In particular, AI-generated content may occasionally:

• Contain factual inaccuracies or outdated information.
• Inadvertently resemble content written by third parties. You are responsible for determining whether any Suggestion infringes the intellectual property rights of others before publishing.
• Be unsuitable for your audience or brand at a given time.

OctoSocial is not liable for any consequences arising from content you publish using the Service, whether or not that content originated from an AI Suggestion.

7. Your Content and License to OctoSocial

You retain full ownership of all content you create, upload, or publish through OctoSocial ("User Content"), including your social media posts, drafts, and any materials you provide during onboarding.

By using the Service, you grant OctoSocial a non-exclusive, worldwide, royalty-free license to access, store, process, and use your User Content solely for the purpose of providing, maintaining, and improving the Service for you. This license does not permit OctoSocial to sell your content to third parties, use it in advertising, or share it with other users.

You represent and warrant that you own or have the necessary rights to all User Content you provide, and that your User Content does not violate any third-party rights or applicable law.

8. Prohibited Conduct

You agree not to use the Service to:

• Publish, schedule, or generate content that is unlawful, defamatory, harassing, threatening, obscene, or otherwise objectionable.
• Violate the Terms of Service, API policies, or content policies of any connected third-party platform.
• Generate or distribute spam, coordinated inauthentic behavior, or any content designed to artificially inflate engagement metrics.
• Interfere with or disrupt the Service, its infrastructure, or other users' access.
• Attempt to reverse engineer, decompile, or extract the source code or underlying AI models of the Service.
• Use the Service to infringe the intellectual property rights of OctoSocial or any third party.
• Resell, sublicense, or otherwise commercialize access to the Service without our written consent.
• Use automated scripts or bots to interact with the Service outside of any API access expressly authorized by OctoSocial.

Violation of these restrictions may result in immediate suspension or termination of your account without refund.

9. Subscriptions, Billing, and Free Trial

9.1 Free Trial

New accounts begin with a 7-day free trial. The trial provides limited access to the Service as described in the pricing plan at the time of your sign-up. No credit card is required to start a trial.

When your trial period expires, your account is automatically placed in read-only mode. You can view your content calendar and past posts, but you cannot publish new content or receive new Suggestions until you select a paid plan. We will not automatically charge you or upgrade you to a paid plan at trial end.

9.2 Paid Plans

Paid subscriptions are billed through Stripe on a monthly or annual basis, as selected at checkout. All fees are in USD unless otherwise stated. Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date.

By providing a payment method, you authorize OctoSocial to charge you for your selected plan on a recurring basis. You are responsible for keeping your payment information current. Failed payments may result in service interruption.

9.3 Image Credits

Certain features consume image credits, which are allocated per plan and reset on your billing cycle date (not the calendar month). Credits have no cash value, are non-transferable, and do not carry over between billing cycles. Additional credits may be purchasable as add-ons on paid plans.

9.4 Plan Changes and Cancellation

You may upgrade or downgrade your plan at any time through your account settings. Upgrades take effect immediately; downgrades take effect at the start of your next billing cycle. You may cancel your subscription at any time. Cancellation takes effect at the end of your current paid billing period, after which your account reverts to read-only status.

9.5 Refund Policy

All payments are non-refundable except where required by applicable law. We do not provide prorated refunds for partial billing periods or unused features. If you believe a charge was made in error, please contact us within 30 days at hello@octosocial.app.

10. Intellectual Property

The Service, including its software, AI models, design, features, and brand elements, is owned by OctoSocial and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use OctoSocial's trademarks, logos, or brand elements without our prior written consent.

Subject to these Terms, OctoSocial grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal or business social media management purposes.

11. Privacy and Data

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal data, including data ingested from connected social platforms.

You are responsible for ensuring that your use of OctoSocial — including the content you publish and the audiences you reach — complies with applicable privacy laws in your jurisdiction, including but not limited to GDPR, CCPA, and similar regulations.

12. Service Availability and Scheduled Publishing

OctoSocial aims to provide a reliable service but does not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, third-party platform outages, or circumstances beyond our control.

Scheduled posts are not guaranteed to publish at the exact time specified. Publishing depends on the availability of third-party platform APIs, which may experience outages, rate limiting, or policy changes. OctoSocial is not liable for posts that are delayed, fail to publish, or are published at a different time than scheduled.

We recommend monitoring your published content directly on each platform and not relying solely on OctoSocial's confirmation as proof of publication.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OCTOSOCIAL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OCTOSOCIAL DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) AI SUGGESTIONS WILL BE ACCURATE, ORIGINAL, OR FREE FROM ERROR; (C) THE SERVICE WILL BE UNINTERRUPTED OR SECURE; OR (D) ANY DEFECTS WILL BE CORRECTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOSOCIAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OCTOSOCIAL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO OCTOSOCIAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless OctoSocial and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) any content you publish or schedule through the Service; (c) your violation of these Terms; (d) your violation of any third-party platform's terms of service or policies; or (e) your violation of any applicable law or regulation.

16. Termination

You may close your account at any time by contacting us at hello@octosocial.app or through your account settings. Upon account closure, we will delete your Voice Profile, ingested post data, and personal information in accordance with our Privacy Policy, subject to any retention obligations required by law.

OctoSocial may suspend or terminate your account at any time if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law. Upon termination for cause, no refunds will be issued for any prepaid subscription fees.

Sections 6, 7, 10, 13, 14, 15, 18, and 19 survive termination.

17. Modifications to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. For material changes, we will provide additional notice — such as an in-app notification or email — at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that any dispute arising under these Terms or relating to the Service will be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

If you are located outside Canada, you may also have rights under the laws of your local jurisdiction. Nothing in these Terms limits any rights you have under applicable mandatory local law that cannot be waived by contract.

19. Dispute Resolution

Before filing a formal claim, you agree to contact OctoSocial at hello@octosocial.app and give us 30 days to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

Class action waiver: To the extent permitted by applicable law, you and OctoSocial each waive the right to bring or participate in a class action lawsuit against the other in connection with the Service.

20. General

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and OctoSocial regarding the Service. If any provision is found to be unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision is not a waiver of that right.

You may not assign or transfer your rights under these Terms without our written consent. OctoSocial may assign these Terms in connection with a merger, acquisition, or sale of assets.

21. Contact

Questions about these Terms? Reach us at: