Agreement

Octopyd User Agreement (Effective October 5, 2026 - v20261005)

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Welcome to the Octopyd website (this “Site”). This Site is owned and operated by Octopyd Inc. Please read these Terms of Use carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting any content or personal information to Octopyd, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these “Terms”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.

Site Content

You may use the Site and Services for authorized personal, recruiting, and business purposes under these Terms and any applicable customer agreement. Octopyd retains its rights in its software, branding, user interface, site materials, and Octopyd-created content, including text, images, logos, and graphics (the “Content”), and the selection, coordination, arrangement, and “look and feel” of the Site (collectively, “Intellectual Property Rights”). Octopyd's ownership claims do not include customer data, candidate data, customer communications, Gmail messages, Google User Data, or third-party materials. Customers, users, and other applicable rights holders retain their existing rights in that information. Neither these Terms nor your use of the Site transfers ownership of Octopyd's Content to you, and connecting a Google account does not transfer ownership of Google User Data to Octopyd. Third-party licensors retain their rights in their own materials.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit Octopyd's Content, in whole or in part, without the express written permission of Octopyd. These restrictions do not prevent authorized use of customer or candidate data through enabled recruiting features or exercise of applicable access and privacy rights. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

Certain materials on this Site may be furnished by third parties. Certain company designations for companies other than Octopyd may be mentioned on the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Octopyd’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Your use of the Site does not create a joint venture, partnership, agency, or employment relationship with Octopyd. Octopyd does not warrant that use of this Site will result in employment or offers of employment. You alone are responsible for evaluating and managing all information contained on this Site, including job opportunities and employment listings. Octopyd encourages you to exercise common sense and caution in your use of the Site.

Contract

You agree that by clicking “Join Now”, “Join Octopyd”, “Sign Up”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Octopyd (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. Closing an individual account, withdrawing Google authorization, and requesting deletion of stored data are separate from terminating an organization's paid subscription. Subscription cancellation, fees, and refunds remain governed by the applicable subscription or customer agreement.

Services

This Contract applies to Octopyd.com, the Octopyd recruiting platform, employer and customer accounts, candidate and recruiter experiences, Octopyd-branded apps, the AI Managed Recruiting Mailbox, authorized Google and other third-party integrations, hiring-team Calendar availability, automated interview scheduling, interview invitations, and related recruiting communications and workflows offered under this Contract (the “Services”). An organization using the Services is a “Customer.” Registered users of our Services are “Members,” and unregistered users are “Visitors.”

Octopyd

You are entering into this Contract with Octopyd (also referred to as “we” and “us”).

As a Visitor or Member of our Services, the collection, use, and sharing of your personal data is subject to the Privacy Policy, including the Cookie Policy, documents referenced in it, and applicable updates.

2.1 Members and Visitors When you register and join the Octopyd Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

2.2 Change We may modify this Contract, our Privacy Policy, and our Cookie Policy from time to time. If we make material changes to it, we will provide you notice through our Services or by other means to give you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send notice about changes to these terms means that you consent to the updated terms as of their effective date. Continued use or acceptance of updated terms alone does not authorize new Google data uses or additional Google permissions; those require the applicable notice and authorization.

Obligations

Service Eligibility

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will provide accurate identity information for your individual account and will not impersonate another person; and (3) you are not already restricted by Octopyd from using the Services. Creating an account using false personal identity information, another person's identity without authority, or the identity of a person under the age of 18 violates these Terms.

The restriction on using another person's identity does not prohibit a Customer from connecting or using an authorized organization-controlled or role-based business account, including recruiting@company.com, talent@company.com, or jobs@company.com, for the Services. A person connecting such an account represents that they are authorized by the applicable organization to connect and use that account with Octopyd.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for Octopyd to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age.

Your Account

Members are responsible for protecting their supported authentication credentials, one-time passcodes, and account sessions. If Google Sign-In or Microsoft Sign-In is made available for your account, protect the associated identity-provider account as well. Keep sign-in codes confidential, do not disclose them to unauthorized people, and report suspected account misuse to support@octopyd.com.

Do not transfer your individual account or share its credentials with unauthorized people. Authorized Customer administration of organizational accounts and integrations is permitted within the Services' available permissions. Follow our User Conduct policy. You are responsible for activity through your account unless you close it or report misuse.

Your individual personal account is distinct from a Customer's organizational account, recruiting mailbox, Calendar integrations, and business records. If another party purchases Services for you, such as a recruiter seat purchased by your employer, that party may control access to and obtain reports on your use of those paid Services. Organizational accounts, integrations, and Customer records remain subject to the Customer's authorized administration and applicable customer agreements; this does not grant the Customer access to unrelated personal accounts.

User Conduct

By using this Site, including all Content and services available through it, you agree that you shall not:

Delete, modify, hack or attempt to change or alter any of the Content on the Site;

Use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

Use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine; Personal user information & company data cannot be harvested or compiled without knowledge and written permission of Octopyd.

Use any Octopyd names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text

Use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

Transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

Create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or

Provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity;

Authorized use of an organization-controlled or role-based business account, recruiting mailbox, or company Calendar integration does not constitute impersonation or creation of a false identity, provided the user has authority from the applicable organization. This permission does not allow deceptive identities or misleading representations about the sender or organization.

All data in the Site, including but not limited to companies’ information, third party companies’ information, jobs, posts, clients’ or candidates’ information, must be handled in accordance with applicable confidentiality and privacy obligations. Except for authorized recruiting uses, sharing through enabled features, and exercise of applicable rights, unauthorized use, copying, distribution, or publication is prohibited. Required authority must come from the applicable rights holder; Octopyd permission alone does not confer rights in another person's data. Octopyd reserves the right to pursue damages for unauthorized use.

Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

The Content is used solely for personal, informational, or internal business purposes;

The Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

All copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies

The Content is not modified or altered in any way; and

No graphics are used separately from accompanying text.

You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

You do not frame the Site or any portion of the Site;

You may link directly to publicly available legal pages and their sections, including the Privacy Policy and this Agreement. Other deep links require Octopyd's permission;

The hyperlink to the Site is not used in a way that suggests that Octopyd endorses you or your website;

The link to the Site is not used or presented in any way that disparages Octopyd or tarnishes, blurs or dilutes the quality of Octopyd’s name or trademarks or any associated goodwill; and

The link to the Site is not displayed on any web page that displays objectionable content or links.

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

Sharing

The Services support recruiting communications, candidate applications, job postings, and interview scheduling. Relevant information may be shared with authorized Customer administrators, recruiters, hiring managers, interviewers, candidates, and intended email or invitation recipients as needed for the enabled recruiting workflow. An application may be available to the authorized hiring team, rather than only the person who posted the job. Where visibility and sharing settings are available, we honor the applicable choices and permissions.

Connecting Google does not make Google-derived information public. Google User Data may be disclosed only for the purposes and under the restrictions described in the Google data sharing provisions of the Privacy Policy. Email and interview invitation recipients receive the information addressed to them; receiving that information does not authorize access to their Google accounts.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

Modifications to Terms

Octopyd may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site. Continued use does not replace the separate authorization required for new Google data uses or permissions.

Termination of Site/Modifications to Site

Octopyd reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 3.3, 3.4, 3.5, this Section 5, 8, and 10-16 of these Terms shall survive any termination. Octopyd may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Octopyd will not be liable to you or any third party in the event that Octopyd exercises its right to modify or terminate access to the Site or portions of the Site.

Your Privacy

Octopyd treats information it collects through the Services in accordance with the Privacy Policy, which is incorporated by reference. Please review the Privacy Policy before using the Services. If you are unwilling to accept its applicable terms, do not use the Services.

Google Integrations and Google User Data

“Google User Data” has the meaning given in the Google User Data and Integrations section of the Privacy Policy. Connecting a Google account authorizes Octopyd to access and process information within the permissions granted for the specific Services enabled by the Customer or authorized user. Google Sign-In, the AI Managed Recruiting Mailbox, hiring-team Calendar availability, and interview-event management require the permissions for the specific features enabled. Authorizing one feature does not automatically authorize the others. A consent flow may request permissions for several explicitly enabled features together.

Google Sign-In does not, by itself, authorize access to Gmail or Calendar. Mailbox permission alone does not grant Calendar access. Hiring-team availability depends on the applicable Calendar permissions, Workspace sharing with the connected business account, or a separately authorized individual Calendar connection. Hiring-team Calendar authorization does not grant access to employees' Gmail mailboxes. A candidate or interviewee receiving an email or Calendar invitation from Octopyd does not thereby authorize Octopyd to access that recipient's Gmail account or Google Calendar. A candidate may separately choose to authorize a supported Calendar availability feature; that explicit grant is independent of receiving communications or signing in.

Managed Recruiting Mailbox and Customer Authority

A Customer may authorize Octopyd to connect to and operate a designated organization-controlled Google Workspace mailbox for recruiting purposes, such as recruiting@company.com. Subject to the permissions granted and the enabled workflows, Octopyd may receive and read recruiting messages and replies, associate communications with candidates, jobs, applications, and interviews, identify scheduling requests, extract availability, generate recruiting responses, and send authorized recruiting communications through that mailbox. Automated or AI-assisted processing may perform these customer-requested recruiting and interview-scheduling functions, as described in the AI Managed Recruiting Mailbox provisions of the Privacy Policy.

The Customer should connect a mailbox designated for recruiting or another business mailbox it is authorized to make available for this purpose. Do not connect an individual's personal mailbox unless both the Customer and the applicable individual have the necessary authority to use it for the Services. Connecting the designated mailbox does not authorize general access to unrelated employee mailboxes or Google accounts.

The individual connecting an organization-controlled mailbox or Google Workspace integration represents and warrants that they have the authority required by their organization to connect that account and enable the applicable recruiting functionality. The Customer determines the connected mailbox, authorized integration managers, designated hiring-team calendars, and enabled recruiting workflows, subject to available Google and Octopyd permissions.

Calendar functionality is used to identify available interview times and to create, update, or cancel interview-related events and invitations within the authorized permissions. The Customer is responsible for ensuring that access to designated hiring-team calendars is properly authorized under Customer policy, applicable law, and its Google Workspace configuration. See the Calendar Availability and Interview Scheduling provisions for the data accessed. Customer authorization does not remove Octopyd's own Google-policy obligations or permit processing prohibited by applicable Google API requirements.

Ownership, Permitted Use, and Applicable Restrictions

Connecting Google does not transfer ownership of Google User Data to Octopyd. Customers, users, and other applicable rights holders retain their existing rights. Octopyd's processing of Google User Data is limited to the enabled recruiting Services, the Google-specific provisions of the Privacy Policy, and applicable Google API requirements. No provision of this Agreement grants Octopyd a right to use Google User Data for advertising, targeted advertising, remarketing, unrelated Octopyd marketing or market research, data brokerage, resale, unrelated promotional campaigns, or training, fine-tuning, or improving generalized, shared, foundation, or non-personalized AI/ML models. Authorized AI inference for the requested recruiting workflow is distinct from model training. See the Google Limited Use and AI Restrictions.

To the extent a general provision of this Agreement would authorize use, retention, or disclosure of Google User Data that conflicts with the Google-specific restrictions in the Privacy Policy, the Google-specific restrictions control with respect to that Google User Data. This rule does not replace negotiated commercial terms in separately signed customer agreements. Such terms cannot override mandatory Google-data restrictions.

Disconnection, Deletion, Account Closure, and Subscription Termination

Google OAuth revocation, mailbox disconnection, withdrawal of Calendar authorization, a request to delete stored Google User Data, closure of an individual Octopyd account, and termination of an organization's paid subscription are separate actions. Users and Customers may withdraw Google access and request applicable deletion or access assistance as described in the Disconnection, Deletion Requests, and Exports provisions, including by contacting support@octopyd.com. OAuth revocation and applicable privacy or deletion rights are not conditioned on payment status.

Disconnection does not by itself delete previously stored recruiting records or cancel a paid subscription. These provisions do not create additional subscription cancellation or refund rights. Google User Data retained after disconnection or termination remains subject to the applicable Google-data restrictions and the Google Data Retention provisions.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Octopyd has designated or may designate an agent to receive notifications of alleged copyright infringement associated with the Site. Octopyd will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at support@octopyd.com. If material is believed in good faith by Octopyd to infringe a copyright or otherwise violate any intellectual property rights, Octopyd will remove or disable access to any such material.

Other Sites, Third Party Content

As a convenience to you, this Site may provide links to web sites and/or access to content, products, and services of third parties, including without limitation, Octopyd’s affiliates, clients, partners, and other entities (“Third Party Content”). Third Party Content may include job listings or other employment or career information. You bear all risk associated with use of or reliance upon Third Party Content. In some instances, the connection to Third Party Content may consist of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Octopyd does not author, edit, or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Octopyd, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods, if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third-party services, and your correspondence or business dealings with entities other than Octopyd found on or through this Site.

Independent Linked Sites are distinct from hosting, AI, communications, security, and infrastructure providers Octopyd selects to operate its Services. Processing of Google User Data by those service providers remains subject to Octopyd's Google-specific Privacy Policy commitments and applicable Google API requirements. The disclaimers concerning independent third-party sites and dealings do not release Octopyd from those obligations for service providers processing Google User Data on its behalf.

Typographical Errors

Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Octopyd therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OCTOPYD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. OCTOPYD MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING THE RECEIPT OF ANY OFFERS OF EMPLOYMENT; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EMPLOYMENT OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL OCTOPYD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF OCTOPYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, OCTOPYD’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend, and hold Octopyd, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees, and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms, or your violation of any rights of another.

Limitation on Actions Brought Against Octopyd

You agree that any claim or cause of action arising out of these Terms or your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Octopyd to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Octopyd may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Hayward, California, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Dispute Resolution section be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts located in the Northern District of California, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Acknowledgement

You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Octopyd’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules, and regulations of the United States will govern. These Terms of Use and the Privacy Policy as posted from time to time by Octopyd on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. This entire-agreement provision does not supersede separately signed customer agreements or their commercial terms. No agreement can authorize processing of Google User Data that conflicts with mandatory Google API requirements.

Contact Information

If you have any questions about these Terms of Use, the practices of Octopyd, or your dealings with this Site, please contact support@octopyd.com. You may also use that address to request an update to your personal information when your name or email address changes.