Welcome to Octos Cloud (operated by Octosinfra.com; "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our cloud infrastructure platform, APIs, documentation, website, and all associated services (collectively, the "Services"). By registering an account, placing an order, or using any Service, you ("Customer," "you," or "your") agree to be bound by these Terms, our Privacy Policy, and any applicable Service Level Agreement ("SLA") and Acceptable Use Policy ("AUP") incorporated herein by reference.

If you do not agree to these Terms, do not access or use the Services.

1. Definitions

"Account": Your registered account on the Octos Cloud platform.
"Customer Data": All data, files, applications, and content uploaded, stored, or processed by you through the Services.
"Services": Cloud compute, storage, networking, managed infrastructure, APIs, the customer portal, and any additional products offered by Octos Cloud.
"SLA": The Service Level Agreement specifying uptime commitments and remedies.
"AUP": The Acceptable Use Policy governing permissible use of the Services.

2. Eligibility

You must be at least 18 years of age and capable of entering into legally binding agreements under Indian law.
If registering on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
You must provide accurate, current, and complete registration information and keep it updated.

3. Account Security

You are solely responsible for safeguarding your account credentials, API keys, and access tokens.
You are liable for all activity that occurs under your account, whether authorised or not.
You must immediately notify us at darshil@octosinfra.com of any unauthorised access or security breach.
We strongly recommend enabling multi-factor authentication (MFA) on all accounts.

4. Service Scope

Infrastructure Services: Octos Cloud provides managed cloud infrastructure including virtual machines, block storage, object storage, networking, and related compute resources.
Self-Managed Instances: Unless a managed service plan is explicitly purchased, all cloud instances are self-managed. You are responsible for operating system configuration, application deployment, security hardening, and patching within your instances.
Service Availability: Services are provided on a commercially reasonable basis as detailed in our SLA.

5. Acceptable Use Policy

You must not, directly or indirectly, use the Services to:

Engage in any illegal, fraudulent, or harmful activity under Indian or international law.
Distribute malware, viruses, ransomware, or any malicious code.
Send unsolicited bulk communications (spam) or engage in phishing.
Host, store, or distribute content that infringes intellectual property rights of any third party.
Attempt to gain unauthorised access to other systems, networks, or accounts.
Conduct cryptocurrency mining without prior written approval.
Store, process, or distribute child sexual abuse material (CSAM) or content that violates the IT Act, 2000.
Engage in network abuse, including DDoS attacks, port scanning, or packet sniffing.
Circumvent, disable, or interfere with security controls, resource limits, or monitoring systems.

Enforcement: Violations may result in immediate suspension or termination of your account without prior notice. We reserve the right to report illegal activities to law enforcement authorities.

6. Service Levels and Performance

We target 99.982% monthly uptime for compute services, as defined in our SLA.
Service Credits: If uptime falls below the committed SLA threshold, eligible customers may claim service credits as specified in the SLA. Service credits are the sole and exclusive remedy for downtime.
Planned Maintenance: Scheduled maintenance windows will be communicated at least 48 hours in advance via email or portal notification. Planned maintenance does not count toward SLA calculations.
Emergency Maintenance: We may perform emergency maintenance without prior notice to address critical security vulnerabilities or infrastructure stability issues.

7. Billing and Payment

Pricing: Current pricing is published on octosinfra.com/pricing. Pricing is subject to change with 30 days' prior notice.
Billing Models: Services may be billed on a pay-as-you-go (hourly), monthly, or annual basis depending on the plan selected.
Taxes: All prices are exclusive of applicable taxes. GST and other taxes will be applied as per Indian tax regulations.
Payment Methods: We accept credit cards, debit cards, UPI, net banking, and wire transfers through our designated payment gateways.
Overdue Accounts: Invoices not paid within 15 days of the due date may result in service suspension. Accounts with overdue balances exceeding 30 days may be terminated, and data may be permanently deleted after the retention period.
Disputed Charges: Billing disputes must be raised within 30 days of the invoice date by contacting darshil@octosinfra.com.

8. Data Ownership and Responsibility

Your Data: You retain all ownership rights to your Customer Data. We do not claim any intellectual property rights over your data.
Limited Licence: You grant us a limited, non-exclusive licence to process, store, and transmit your Customer Data solely for the purpose of providing the Services.
Backup Responsibility: You are responsible for implementing appropriate data backup and disaster recovery strategies. While we provide robust infrastructure, we do not guarantee against data loss due to user error, application bugs, or force majeure events.
Data Processing: We process Customer Data in accordance with our Privacy Policy and applicable data protection laws. For customers requiring a Data Processing Agreement (DPA), contact our support team.

9. Intellectual Property

Our IP: The Octos Cloud platform, software, documentation, trademarks, logos, UI design, and all related intellectual property remain our exclusive property.
Your IP: We make no claim to your applications, code, data, or content.
Feedback: Any suggestions, ideas, or feedback you provide about the Services may be used by us without obligation or compensation.

10. Service Modifications and Termination

10.1 By You

You may cancel your account at any time through the customer portal or by contacting support.
Cancellation takes effect at the end of the current billing cycle.
You are responsible for downloading your Customer Data before account termination.

10.2 By Us

We may modify, deprecate, or discontinue specific Services with at least 90 days' prior notice.
We may suspend or terminate your account immediately for AUP violations, non-payment, or activities that threaten infrastructure integrity.

10.3 Effect of Termination

Upon termination, your access to the Services ceases immediately.
Customer Data will be available for retrieval for 30 days post-termination, after which it may be permanently deleted.
Outstanding balances remain payable upon termination.

11. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

Our total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees paid by you in the 12 months preceding the incident giving rise to the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable.
We are not liable for loss of Customer Data resulting from your failure to maintain adequate backups.

12. Indemnification

You agree to indemnify, defend, and hold harmless Octos Cloud, its directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

Your use or misuse of the Services.
Your violation of these Terms or the AUP.
Your infringement of any third-party rights, including intellectual property rights.
Customer Data or content you store, process, or transmit through the Services.

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, epidemics, pandemics, power failures, network infrastructure failures, or ISP outages. Affected obligations will be suspended for the duration of the force majeure event.

14. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of India.
Dispute Resolution: Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration conducted in Rajkot, Gujarat, in accordance with the Arbitration and Conciliation Act, 1996, as amended.
Jurisdiction: Subject to the arbitration clause, the courts of Rajkot, Gujarat shall have exclusive jurisdiction.
Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action proceedings.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with the Privacy Policy, SLA, AUP, and any order forms or service-specific addenda, constitute the entire agreement between you and Octos Cloud regarding the Services and supersede all prior agreements, representations, and understandings.

17. Amendments

We may update these Terms periodically. Material changes will be communicated at least 30 days in advance via email to registered account holders or through a prominent notice on our website. Continued use of the Services after the effective date of amended Terms constitutes acceptance.

18. Contact Information

For queries, notices, or concerns regarding these Terms:

Email: darshil@octosinfra.com
Address: 204, Aalabh, Tapovan Society, Akshar Marg, Rajkot, Gujarat, India – 360001