Terms of Service

Agreement Between User and https://www.octogen.ai

Welcome to https://www.octogen.ai (the "Site"). The Site is comprised of various web pages and application programming interfaces ("APIs") operated by Octogen Systems Inc. ("Octogen", "we", "us", or "our"). Octogen provides developers with a platform to extend their artificial-intelligence agents with ecommerce capabilities, including: an unbounded ecommerce catalog accessible through a unified, deep schema and search API; an automated checkout API; and fine-tuned versions of popular large language models (LLMs) optimized for ecommerce use-cases (collectively, the "Services").

Your use of the Site or Services constitutes your acceptance of these Terms of Service (the "Terms"). Please read them carefully. If you do not agree to these Terms, you must not access or use the Site or Services.

Beta Program & Fees

The Services are currently offered as part of a limited beta program (the "Beta") and are provided free of charge while in Beta, subject to the usage quotas described below. Octogen reserves the right to modify or discontinue any aspect of the Beta at any time without notice. Octogen may introduce paid subscription plans or usage-based pricing in the future; continued use of the Services after such pricing changes constitutes your acceptance of the new fees.

API Keys & Usage Limits

To access the Services you must create an Octogen developer account and obtain one or more API keys. You are responsible for maintaining the confidentiality of your keys and for all activity that occurs using them. During the Beta, Octogen imposes low, non-commercial usage quotas on each API key. You agree not to exceed these quotas or otherwise abuse the Services. Octogen may suspend or revoke your key(s) if we believe you have violated this section or otherwise misused the Services.

Modifications to the Services

We continually improve the Services and may add, change, or remove features at any time. We will endeavor to provide reasonable notice of material changes when practical but are not obligated to do so.

Privacy

Your use of the Site is subject to Octogen's Privacy Policy, which governs our data collection and processing practices.

Electronic Communications

Visiting the Site, using the APIs, or sending emails to Octogen constitutes electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Your Account

You are responsible for maintaining the confidentiality of your account credentials and restricting access to your devices. You agree to accept responsibility for all activities that occur under your account. Octogen reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Acceptable Use

You agree not to:

  • Use the Services for any purpose that is unlawful, harmful, or prohibited by these Terms.
  • Exceed or circumvent usage limits, rate limits, or other restrictions that we may impose.
  • Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
  • Reverse engineer, decompile, or disassemble any part of the Services or underlying software.
  • Use the Services to build or train models that compete with Octogen or use the Services to facilitate unlawful transactions.

Intellectual Property

All content included with the Services (text, graphics, logos, software, and compilations thereof) is the property of Octogen or its licensors and is protected by applicable intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. You acquire no ownership rights in any content.

Third-Party Content & Links

The ecommerce catalog contains data from third-party merchants and content providers. Octogen does not guarantee the accuracy or completeness of any third-party content and disclaims all liability arising from your reliance on such content. The Site may contain links to third-party websites ("Linked Sites"). Linked Sites are not under Octogen's control, and Octogen is not responsible for their content.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OCTOGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OCTOGEN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE OUTPUT OF ANY AI MODEL WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTOGEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTly, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY OUTPUT OR CONTENT OBTAINED FROM THE SERVICES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICES.

Indemnification

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

Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware unless the parties mutually agree otherwise.

Class Action Waiver

All disputes must be brought in each party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

Termination

Octogen may suspend or terminate your access to the Services at any time, with or without notice, for conduct that Octogen believes violates these Terms or is otherwise harmful to Octogen or other users.

Changes to Terms

Octogen reserves the right, in its sole discretion, to modify these Terms. When we do, we will post the revised Terms on this page and update the "Effective Date" below. Your continued use of the Services after any such changes constitutes acceptance of the new Terms.

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms that apply to specific features of the Services, constitute the entire agreement between you and Octogen.

Contact Us

Octogen welcomes your questions or comments regarding these Terms:

Octogen Systems Inc.
169 MADISON AVE STE 2468
New York, NY 10016

Email: support@octogen.ai

Effective Date — May 10, 2025