Terms of Service

Last updated: 1 January 2024

These Terms of Service ("Terms") govern your access to and use of the Octa Cloud software platform and services ("Services"). By subscribing to Octa Cloud or by using our Services, you agree to be bound by these Terms. Please read them carefully.

These Terms constitute a legally binding agreement between you (the "Customer", "you" or "your") and Octa Cloud ("Octa Cloud", "we", "us" or "our"), trading name of OCTA CLOUD LTD, a company registered in England and Wales.

1. Definitions

2. Nature of Services

Octa Cloud provides software-as-a-service (SaaS) tools for restaurants and hospitality businesses. Specifically:

3. Account Registration

To use the Services, you must create an account and provide accurate, complete and current information about yourself and your restaurant. You are responsible for:

You must be at least 18 years of age and have authority to enter into a binding agreement on behalf of the restaurant to register for an account.

4. Subscription and Billing

4.1 Subscription Plans

Octa Cloud offers a single annual subscription plan at a flat fee of £180 per year per restaurant, as described on our Pricing page. All Subscription Fees are quoted in British pounds sterling (GBP) and are exclusive of VAT unless otherwise stated.

4.2 Billing Cycle

Your Subscription is billed annually in advance, beginning on the date you subscribe. Your subscription will automatically renew each year unless cancelled in accordance with Section 5.

4.3 Payment

Subscription Fees are collected via the payment method you provide at sign-up. By providing payment details, you authorise Octa Cloud (or our payment processor) to charge your payment method the applicable annual Subscription Fee automatically on each renewal date.

If a payment fails, we will notify you and attempt to collect the outstanding amount. Continued failure to pay may result in suspension or termination of your account.

4.4 Price Changes

Octa Cloud may change Subscription Fees at any time. We will provide at least 60 days' written notice of any price increase before the next annual renewal. Your continued use of the Services after the notice period constitutes acceptance of the new Subscription Fee.

4.5 VAT

Where applicable, VAT will be added to your Subscription Fee at the prevailing UK rate. A VAT invoice will be provided with each annual payment.

5. Cancellation Policy

5.1 Cancellation by You

You may cancel your Subscription at any time by contacting us at [email protected] or through your account settings. Cancellation takes effect at the end of your current annual subscription period. You will continue to have access to the Services until the end of the 12-month period for which you have already paid.

5.2 No Refunds

Annual Subscription Fees are non-refundable except where required by applicable law. If you cancel during the year, you will not receive a refund for the unused portion of your current annual period. We do not offer refunds for periods of non-use.

5.3 Cancellation by Octa Cloud

We reserve the right to suspend or terminate your account and access to the Services if:

6. Software Access and Licence

Subject to these Terms and payment of the applicable Subscription Fee, Octa Cloud grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your restaurant's internal business purposes during the Subscription term.

This licence does not include the right to:

7. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

We reserve the right to suspend access to the Services without notice if we reasonably believe that you are in breach of this section.

8. Your Content

You retain ownership of all content you upload to the Octa Cloud platform, including menu items, images and restaurant information ("Your Content"). By uploading Your Content, you grant Octa Cloud a limited, non-exclusive licence to host, store and display Your Content solely for the purpose of providing the Services to you.

You are solely responsible for ensuring that Your Content does not infringe any third-party rights, violate any laws or contain any harmful, offensive or misleading material.

9. Intellectual Property

All intellectual property rights in the Octa Cloud platform, software, branding and associated materials are owned by or licensed to Octa Cloud. Nothing in these Terms transfers any intellectual property rights to you.

"Octa Cloud" and associated branding are trademarks of Octa Cloud. You may not use our trademarks without our prior written consent.

10. Availability and Maintenance

We aim to provide reliable, highly available Services, but we do not guarantee uninterrupted access. We may need to carry out maintenance from time to time, which may result in temporary unavailability. We will endeavour to provide advance notice of planned maintenance where reasonably practicable.

11. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to our Privacy Policy and our processing of personal data as described therein.

Octa Cloud acts as a data processor for personal data of your restaurant customers that is processed through the platform. You are the data controller for such data. We will process such data only in accordance with your instructions and applicable data protection law.

12. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and not to disclose such information to any third party without the disclosing party's prior written consent, except as required by law.

13. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Octa Cloud does not warrant that the Services will be error-free, uninterrupted, or free from security vulnerabilities. We are not responsible for any third-party services, including payment processors, that you use in connection with the platform.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify, defend and hold harmless Octa Cloud and its directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any applicable law.

16. Modifications to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or in-platform notification. Your continued use of the Services after the notice period constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you may cancel your Subscription before the changes take effect.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. General

19. Contact Us

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