Terms of Service

Effective date: March 31, 2026 · Last updated: March 31, 2026

These Terms of Service (“Terms”) are a legal agreement between you (“you” or “Customer”) and Octomil, Inc., a Delaware corporation (“Octomil,” “we,” “us,” or “our”). They govern your access to and use of the Octomil platform, including the website at octomil.com, the web dashboard at app.octomil.com, the Octomil API at api.octomil.com, the Octomil SDKs (Python, iOS, Android, Browser, Node.js), the Octomil CLI, the Octomil companion apps for iOS and Android, and any related documentation or services (collectively, the “Service”).

By creating an account, installing an SDK, or otherwise accessing the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

Summary

Octomil provides infrastructure for deploying AI models to devices. You own your data and models. We provide the platform; you are responsible for what you build with it. We charge based on your plan tier. Either party can terminate with notice. This summary is not a substitute for reading the full Terms below.

1. Definitions

  • “Account” means your registered Octomil account and associated organization.
  • “API” means the Octomil application programming interfaces, including the REST API and any OpenAI-compatible endpoints.
  • “Customer Data” means any data, content, models, model weights, training data, configuration, or other materials that you upload to, create through, or process using the Service.
  • “Device” means any end-user phone, tablet, browser, desktop, or edge hardware that connects to the Service via an Octomil SDK.
  • “Documentation” means the technical documentation available at docs.octomil.com.
  • “End User” means any individual who interacts with your application that integrates the Service.
  • “SDK” means the Octomil software development kits for iOS, Android, Browser, Python, and Node.js.
  • “Subscription” means your paid or free plan tier (Developer, Team, or Enterprise).

2. Account registration

To use the Service, you must create an Account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain the security of your account credentials, API keys, and device tokens
  • Promptly notify us of any unauthorized access to your Account
  • Accept responsibility for all activity that occurs under your Account

You must be at least 16 years old to create an Account. If you are under 18, you must have parental or guardian consent to use the Service.

3. Use of the Service

3.1 License grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service, including the SDKs and API, for your internal business purposes or personal projects.

3.2 SDK license

The Octomil SDKs are licensed, not sold. You may integrate the SDKs into your applications and distribute those applications to your End Users. You may not distribute the SDKs as standalone components, reverse-engineer them (except as permitted by applicable law), or use them to build a competing service.

3.3 API usage

You may access the API using your API keys in accordance with the Documentation and any rate limits associated with your Subscription. You must not share API keys publicly, embed secret keys in client-side code, or circumvent rate limits or usage quotas.

3.4 Cloud inference gateway

The Service includes a hosted OpenAI-compatible API gateway that proxies requests to third-party cloud AI providers (such as OpenAI, Anthropic, Groq, Together AI, and DeepSeek) using your own API keys (“BYOK”). You are solely responsible for your relationship with those third-party providers, including compliance with their terms of service, usage policies, and billing. Octomil is not liable for the availability, accuracy, or conduct of third-party providers accessed through the gateway.

4. Acceptable use

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party right
  • Deploy models that generate illegal content, facilitate fraud, or cause harm to individuals
  • Transmit malware, viruses, or any code designed to disrupt the Service
  • Attempt to gain unauthorized access to the Service, other accounts, or connected systems
  • Circumvent security controls, authentication mechanisms, or usage limits
  • Use the Service for competitive benchmarking or to build a substantially similar product without our written consent
  • Resell, sublicense, or redistribute access to the Service except as explicitly permitted
  • Interfere with or degrade the Service for other users
  • Use the Service in any manner that could subject Octomil to liability

We reserve the right to suspend or terminate your access if we reasonably believe you are in violation of these acceptable use requirements.

5. Customer Data and intellectual property

5.1 Your data

You retain all rights, title, and interest in your Customer Data. We do not claim ownership of your models, training data, application code, or any content you process through the Service. We access Customer Data only as necessary to provide the Service and as described in our Privacy Policy.

5.2 On-device data

Data processed by on-device models (text, images, audio, sensor data, and any other model inputs and outputs) remains on the End User’s device and is never transmitted to Octomil servers. When federated learning is enabled, only model weight deltas (not raw data) are transmitted, optionally protected by differential privacy and secure aggregation.

5.3 License to Octomil

You grant Octomil a limited license to host, store, transmit, and process your Customer Data solely to provide and improve the Service. This license terminates when you delete your Customer Data or close your Account.

5.4 Octomil intellectual property

The Service, including all software, APIs, documentation, designs, and trademarks, is owned by Octomil and protected by intellectual property laws. These Terms do not grant you any rights to Octomil’s intellectual property except the limited license described in Section 3.

5.5 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, we may use that feedback without restriction or obligation to you.

6. Fees and payment

6.1 Subscription plans

The Service is offered under tiered Subscription plans (Developer, Team, and Enterprise) as described on our pricing page. Features, device limits, and model limits vary by plan.

6.2 Billing

Paid Subscriptions are billed in advance on a monthly or annual basis. Payments are processed by Stripe. You authorize us to charge the payment method on file for all fees associated with your Subscription.

6.3 Overage charges

If your usage exceeds the limits of your Subscription (e.g., active devices beyond your plan allocation), you will be billed for overage at the rates specified on the pricing page. We will notify you before overage charges are applied.

6.4 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies, except for taxes based on Octomil’s net income.

6.5 Refunds

Fees are non-refundable except as required by applicable law. If you cancel a paid Subscription, you retain access through the end of your current billing period.

7. Service levels and support

7.1 Availability

We use commercially reasonable efforts to maintain the availability of the Service. Planned maintenance windows will be communicated in advance. Current Service status is available at status.octomil.com.

7.2 SLA

Enterprise Subscription customers may be eligible for a Service Level Agreement (SLA) with defined uptime commitments and service credits. SLA terms are provided in the applicable Enterprise agreement.

7.3 Support

Support availability depends on your Subscription tier: community support (Developer), email support (Team), and dedicated support with SLA (Enterprise).

8. Privacy and data protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

If you process personal data of End Users through the Service, you are responsible for compliance with applicable data protection laws (including GDPR, CCPA, and HIPAA where applicable). Octomil provides tools to support your compliance, including differential privacy, secure aggregation, and audit logging, but compliance with applicable law remains your responsibility.

Enterprise customers requiring a Data Processing Agreement (DPA) or Business Associate Agreement (BAA) should contact [email protected].

9. Security

We implement industry-standard security measures to protect the Service and your Customer Data, including encryption at rest and in transit, role-based access control, and regular security reviews. For details, see our Security page.

You are responsible for the security of your Account credentials, API keys, and any systems that interact with the Service. You must promptly report any security vulnerabilities or incidents to [email protected].

10. Third-party services

The Service may integrate with or enable you to connect to third-party services (including cloud AI providers, analytics platforms, and identity providers). Your use of third-party services is governed by their respective terms and policies. Octomil is not responsible for third-party services and makes no warranties regarding their availability, security, or accuracy.

11. Confidentiality

Each party agrees to protect the other party’s confidential information with at least the same degree of care it uses for its own confidential information, and no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

12. Warranties and disclaimers

12.1 Our warranty

We warrant that the Service will perform materially in accordance with the Documentation during your Subscription term.

12.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCTOMIL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MODEL OUTPUTS, PREDICTIONS, OR INFERENCES GENERATED THROUGH THE SERVICE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOMIL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF OCTOMIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OCTOMIL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO OCTOMIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Octomil and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service in violation of these Terms
  • Your Customer Data or models violating any third-party right or applicable law
  • Your End Users’ use of your applications that integrate the Service
  • Your failure to comply with applicable data protection laws

15. Term and termination

15.1 Term

These Terms are effective when you first access the Service and continue until terminated. Paid Subscriptions renew automatically unless cancelled before the renewal date.

15.2 Termination by you

You may terminate your Account at any time by contacting [email protected] or through the dashboard settings. Termination takes effect at the end of your current billing period.

15.3 Termination by Octomil

We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we reasonably believe is harmful to other users or the Service. We will provide notice where practicable.

15.4 Effect of termination

Upon termination, your license to use the Service ends. You may export your Customer Data for up to 30 days following termination. After that period, we may delete your Customer Data in accordance with our data retention policies. Sections that by their nature should survive termination (including Sections 5, 11, 12, 13, 14, and 17) will survive.

16. Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page, updating the “Last updated” date, and (for material changes) sending notice to the email address associated with your Account at least 30 days before the changes take effect.

Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and terminate your Account.

17. General provisions

17.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

17.2 Dispute resolution

Any dispute arising out of these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. Each party shall bear its own costs, and the arbitrator’s award may be entered in any court of competent jurisdiction.

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

17.3 Class action waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17.4 Entire agreement

These Terms, together with the Privacy Policy and any applicable Enterprise agreement or order form, constitute the entire agreement between you and Octomil regarding the Service and supersede all prior agreements, understandings, and communications.

17.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.6 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.7 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17.8 Force majeure

Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, or pandemics.

17.9 Notices

Notices to Octomil should be sent to [email protected]. Notices to you will be sent to the email address associated with your Account.

18. Contact us

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