Effective Date: June 1, 2024
Welcome to OCTO Labs Inc. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@joinocto.co
Address: 131 Continental Dr, Suite 305, Newark, DE 19713
OCTO Labs Inc. operates an AI-powered talent screening and assessment platform (the “Platform”). The Platform leverages algorithms and data science to screen candidates and predict cultural fit for our clients. Services offered include conversational skills assessments, interview analytics, and other talent screening functions (collectively, the “Services”).
These Terms of Use (the “Terms”) represent a binding agreement between you and OCTO Labs Inc. (“OCTO”, “we”, or “us”). By using the Services in any way, you agree to all terms outlined here, and these Terms will remain effective as long as you use the Services. These Terms incorporate provisions from our Privacy Policy and Copyright Dispute Policy. Certain Services may also be subject to additional policies, rules, and/or conditions (“Additional Terms”), which are hereby incorporated by reference. By using or participating in these Services, you agree to comply with these Additional Terms as well.
Please read these Terms carefully. They include important information about your use of the Services, future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We continually work to improve our Services, so these Terms may change as our Services evolve. We reserve the right to modify the Terms at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by other means.
If you do not agree with the new Terms, you may reject them; however, this means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, you indicate your acceptance of all changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
OCTO takes user privacy very seriously. Please review our current Privacy Policy by clicking here. [Link to Privacy Policy]
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before knowingly collecting personally identifiable information online from children under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age. If you are under 16 years of age, please do not attempt to register for or use the Services or send any personal information to us. If we learn that we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with personal information, please contact us at support@joinocto.co.
You may need to sign up for an account, select a password and username (currently your email address, “OCTO User ID”), and provide us with certain information or data. You agree to provide accurate, complete, and up-to-date registration information. You may not use a name to which you have no rights or another person's name with the intent to impersonate them. Account transfers without our prior written consent are prohibited. You represent and warrant that you are an individual of legal age to form a binding contract, or if not, that you have obtained your parent’s or guardian’s permission to use the Services and that they have agreed to these Terms on your behalf. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf.
You will use the Services for your internal, personal use only and in compliance with all applicable laws. You confirm that, if using the Services on behalf of an employer or another entity, you have the rights to perform such work through the Services. Unauthorized use of the Services, if prohibited by applicable laws, is not permitted, and we are not responsible for such misconduct.
You will not share your OCTO User ID, account, or password with anyone and must protect the security of your account credentials. You are responsible for all activities that occur under your OCTO User ID and account. The Services may reference, display, or link to third-party websites and services, which are subject to their own terms. Usage may require Internet access and acceptance of additional terms.
As part of the Services, you may receive communications from us, including messages via email. Upon signing up, you will receive a welcome message and instructions on how to stop receiving messages should you choose to opt-out.
You agree not to engage in actions that:
- Infringe on intellectual property rights;
- Violate any laws or regulations, including export and privacy laws;
- Are harmful, fraudulent, or otherwise objectionable;
- Compromise the security of any account or system;
- Attempt to obtain passwords or security information;
- Engage in unauthorized network access or security breaches;
- Run unsolicited or harmful electronic communications;
- Use automated tools to access the Services;
- Misuse, reproduce, or reverse-engineer the source code or other underlying ideas.
Violation of any of the foregoing can result in account termination.
The Content accessible through the Services is protected by intellectual property laws. You agree to comply with all copyright notices and trademark rules. Use, reproduction, modification, or distribution of Content without the owner's consent is prohibited. We grant each user a worldwide, non-exclusive, non-transferable license to use Content primarily for personal use in connection with the Services. Unauthorized use is expressly prohibited without our written permission.
OCTO retains ownership of the Services. You may not copy, create derivative works from, or otherwise exploit any aspect of the Services without our consent.
Anything you post, upload, or provide through the Services is considered your "User Content." You are solely responsible for your User Content. By submitting User Content, you grant OCTO a license to use it for operational purposes, which includes translating, modifying, and distributing it as necessary. This license is royalty-free, perpetual, sub-licensable, irrevocable, and worldwide.
For Personal User Submissions, you grant us a license to make it accessible to you. For Limited Audience User Submissions, the license extends to specified users. Public User Submissions are accessible to all users, and by providing any feedback, suggestions, or feature requests, you grant OCTO rights to use and display such feedback publicly.
You may delete User Content, but OCTO may retain records of deleted content, and User Content shared with other users may remain accessible.
If you believe that content on the Services infringes your copyright, you may submit a notice of copyright infringement to our Designated Agent. We will respond appropriately to such notices and take actions including removing infringing material and terminating repeat offenders as necessary. Please include all required details as outlined in our policy.
We are not responsible for Content posted or transmitted by users, and you access all such information at your own risk. Any dealings or interactions with third-party websites or services accessed through our Services are solely between you and the respective third-party.
We reserve the right to alter, suspend, or discontinue any part of the Services. Although we will try to provide notice for material changes, we may not always be able to do so.
The Services offer a 14-day free trial followed by a paid plan. Adjustments to pricing may occur, and you will be notified in advance. Services access will continue upon purchase of a subscription.
You can terminate your use of the Services at any time by contacting us. Terminating your account will not entitle you to a refund of any fees, and OCTO reserves the right to terminate your use of the Services at its discretion.
- Warranty Disclaimer: OCTO AND ITS AFFILIATES PROVIDE THE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY COSTS OR LOSSES ARISING FROM YOUR USE OF THE SERVICES.
- Indemnity: YOU AGREE TO INDEMNIFY AND HOLD OCTO AND ITS AFFILIATES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES, OR OTHER COSTS ARISING FROM YOUR USE OF THE SERVICES.
- Governing Law: THESE TERMS ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS.
- Arbitration Agreement: DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, EXCEPT YOU MAY OPT-OUT BY SENDING NOTICE WITHIN 30 DAYS.
- Assignment: YOU MAY NOT ASSIGN YOUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS WITHOUT OUR PRIOR WRITTEN CONSENT.
Please read the following ARBITRATION AGREEMENT carefully, as it requires you to arbitrate certain disputes and claims with OCTO and limits the manner in which you can seek relief from OCTO.
- Arbitration Rules; Applicability: Disputes shall be settled by binding arbitration in New Castle County, Delaware, following JAMS Streamlined Arbitration Rules and Procedures, with one arbitrator.
- Costs of Arbitration: Each party will bear their own costs, including attorney's fees.
- Small Claims Court; Infringement: Claims may be asserted in small claims court if they qualify. Injunctive or equitable relief can be pursued in any court of competent jurisdiction.
- Waiver of Jury Trial: Both parties waive any constitutional and statutory rights to a jury trial, agreeing instead to resolve disputes through arbitration.
- Waiver of Class or Consolidated Actions: Claims must be arbitrated or litigated individually, not on a class basis.
- Opt-Out: You may opt-out of arbitration by sending written notice within 30 days of first acceptance of these Terms.
- Exclusive Venue: If you opt-out of arbitration, any judicial proceeding will take place in the state or federal courts in New Castle County, Delaware.
- Severability: If the class action waiver is found unenforceable, the rest of the arbitration agreement will remain in effect.
These Terms represent the entire agreement between you and OCTO regarding the Services. No other agreements, communications, or representations, whether oral or written, are considered part of these Terms.
Except as expressly stated, there are no third-party beneficiaries to these Terms.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.