Octacer Terms of Service

Effective Date: August 1, 2025

Last Updated: August 1, 2025

1. Acceptance of Terms

By accessing or using the Octacer website at octacer.com and our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our platform. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Description of Services

Octacer provides custom software development, AI integration, automation solutions, and related technology services. Our services include but are not limited to web application development, mobile app development, workflow automation, and AI-powered solutions. Service details, pricing, and deliverables are outlined in separate service agreements or statements of work.

3. User Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• Accurate Information: You agree to provide accurate, current, and complete information when using our services.
• Prohibited Activities: You may not use our services for any illegal purpose, to transmit malicious code, or to violate any applicable laws or regulations.
• Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations.

4. Intellectual Property Rights

• Ownership: Unless otherwise specified in a separate agreement, all intellectual property rights in deliverables created by Octacer remain with Octacer until full payment is received.
• License Grant: Upon full payment, clients receive ownership or a license to use the deliverables as specified in the service agreement.
• Client Materials: Clients retain ownership of any materials, content, or data provided to Octacer for use in the services.
• Platform Rights: All rights to the Octacer platform, including our website, tools, and proprietary technology, remain our exclusive property.

5. Payment Terms

• Pricing: Service fees are outlined in project proposals or service agreements. All prices are in USD unless otherwise specified.
• Payment Schedule: Payment terms vary by project and are detailed in the service agreement. Typical structures include milestone-based payments or upfront payments.
• Late Payments: Overdue payments may incur late fees and may result in suspension of services until payment is received.
• Refunds: Refund policies are specified in individual service agreements. Generally, work already completed is non-refundable.

6. Service Modifications and Cancellations

• Changes to Services: We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.
• Client Cancellations: Clients may cancel projects according to the terms specified in their service agreement. Cancellation fees may apply for work already completed.
• Our Right to Terminate: We reserve the right to terminate services if terms are violated or if continued service is not feasible.

7. Confidentiality

Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes but is not limited to business strategies, technical specifications, and client data. Confidentiality obligations survive termination of services.

8. Warranties and Disclaimers

• Service Quality: We strive to provide high-quality services and deliverables that meet professional standards.
• Disclaimer: Services are provided "as is" without warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
• No Guarantee: We do not guarantee specific business outcomes, revenue increases, or other results from using our services.
• Third-Party Services: We are not responsible for the performance or availability of third-party services integrated into our solutions.

9. Limitation of Liability

To the maximum extent permitted by law, Octacer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability for any claim arising from these terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Octacer, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

11. Data Protection and Privacy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the data practices described in our Privacy Policy. We implement appropriate security measures to protect your data but cannot guarantee absolute security.

12. Support and Maintenance

Post-launch support and maintenance services are provided as specified in individual service agreements. Unless otherwise agreed, support is limited to a specified period after project completion. Extended support and maintenance services are available under separate agreements.

13. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or technical failures. Performance will be suspended during such events and resumed when circumstances permit.

14. Dispute Resolution

• Negotiation: Parties agree to attempt to resolve disputes through good-faith negotiation before pursuing other remedies.
• Mediation: If negotiation fails, parties agree to attempt mediation before litigation.
• Governing Law: These terms are governed by the laws of Pakistan, without regard to conflict of law principles.
• Jurisdiction: Any legal action shall be brought in the courts of Lahore, Pakistan.

15. General Provisions

• Entire Agreement: These terms, together with any service agreements, constitute the entire agreement between you and Octacer.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of such right or provision.
• Assignment: You may not assign these terms without our written consent. We may assign our rights and obligations to any party.

16. Updates to Terms

We may update these Terms of Service periodically to reflect changes in our practices, services, or legal requirements. Material changes will be communicated through our website or via email. Your continued use of our services after changes are posted constitutes acceptance of the revised terms.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Octacer
• Email: hello@octacer.com
• Phone: +92 321 344 5292

By using Octacer's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.