Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website octarnal.com (the "Site") and any services provided by Octarnal Inc. ("Octarnal," "we," "us," or "our"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use our Site.

1. Services

Octarnal is a digital product agency providing software development, UI/UX design, AI integration, mobile engineering, brand strategy, cloud infrastructure, and related consulting services. The specific scope, deliverables, timelines, and fees for any engagement are defined in a separate Statement of Work ("SOW") or Master Services Agreement ("MSA") executed between Octarnal and the client. These Terms govern your use of the Site itself and general interactions with our business.

2. Use of the Site

You agree to:

• Use the Site only for lawful purposes and in accordance with these Terms
• Not attempt to interfere with the proper functioning of the Site, including through hacking, data mining, scraping, or introducing malicious code
• Not impersonate Octarnal, our employees, or other users
• Not use the Site to transmit unsolicited commercial communications (spam) or any content that is offensive, defamatory, or infringing
• Not reproduce, distribute, modify, or create derivative works of Site content without our prior written consent

3. Intellectual Property

Site Content

All content on the Site — including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and design elements — is the property of Octarnal Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

Client Work

Intellectual property ownership for client engagements is governed by the applicable SOW or MSA. Generally, upon full payment, clients receive ownership of custom-developed code and deliverables. Octarnal retains ownership of pre-existing tools, frameworks, libraries, and methodologies used in the engagement, granting clients a perpetual, non-exclusive licence to use them within the delivered product.

Portfolio & Case Studies

Unless otherwise agreed in writing, Octarnal reserves the right to reference completed projects in our portfolio, case studies, and marketing materials, including a general description of the work performed and non-confidential results achieved.

4. Submissions & Communications

When you submit information through our contact forms, project inquiry forms, newsletter sign-ups, or career applications, you represent that the information provided is accurate and that you have the right to share it. Project ideas and business requirements shared through our forms are treated as confidential and are not shared with third parties unless required for service delivery.

5. Third-Party Links & Services

Our Site may contain links to third-party websites, tools, or services that are not owned or controlled by Octarnal. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You access third-party links at your own risk.

6. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Octarnal does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Case study results and metrics displayed on the Site represent outcomes from specific client engagements and do not guarantee similar results for future projects.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Octarnal Inc., its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorised access, use, or alteration of your transmissions or content

8. Indemnification

You agree to defend, indemnify, and hold harmless Octarnal Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Site shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association in New York, NY.

10. Modifications

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the new Terms.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Octarnal regarding your use of the Site. Any separate service agreements (SOW, MSA) between you and Octarnal for professional services supersede these Terms to the extent of any conflict regarding the services described therein.

13. Contact

If you have any questions about these Terms, please contact us at:

Octarnal Inc.
150 Greenwich St, New York, NY 10007
Email: [email protected]