Octocs.com (together with its subdomains) (the “Site”) is a website owned by Octocs Pvt Ltd. (“Octocs”) that allows end-users to purchase licenses to use the Content (as defined below) accessible via the use of or together with Octocs website Services for professional services, distributed as Octocs Pro (collectively, the “Service”). “Service” shall also include, where applicable and respectively (mutatis mutandis) also the Octocs Services non-paid version.
When using the Site, you can purchase licenses, receive information, Content, updates, services, download Software or access your Account (as defined below) (the “Service”), but their availability is provided on an “as-is” basis and without any warranty to its quality.
1. Services User and Registration
By confirming these Terms, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the Site, Services and license the Content and/or Software which shall be purchased or accessible through the Site, shall accept these Terms as well.
Eligibility: You are eligible to enter into this agreement, and (1) you were not prohibited by any competent authority, judicial act or law to enter in any agreement; (2) you are at least 18 years of age, or if the Services are used by a user under the age of eighteen (18) or otherwise under the age of legal eligibility and capacity in the jurisdiction applicable to such user you hereby confirm that you are the legal guardian of the user and both you and the User have read and agreed to these Terms and approved of the user’s continued use of the Service subject to these Terms; (3) you were not previously prohibited by Octocs from entering into an agreement with Octocs nor was your account and/or use of the Services previously blocked, suspended or terminated by Octocs for any reason; (4) you do not reside in any proscribed state and you are not member of a terror organization; (5) you are using the Services and/or entering these Term on behalf of an corporation you have the authority to bind such are authorized by such corporation and hold all the required consents to enter into and be bound by these Terms on behalf of such corporation.
Personal Use Only: You may choose to subscribe to a Subscription Plan (as defined below) in which you are permitted to use the Content in an unlimited number of websites. The subscription to such Subscription Plan and the associated license is solely for your personal and non-commercial use and you shall not sell, rent, convey, distribute, commercialize or publish the license and related Services to any third parties. This does not mean that you cannot use our framework to produce and generate web-sites for others, but it means that you cannot resell your Subscription Plan and the associated license to third parties so they can access to the Site and/or the Services.
Acceptable and Restricted Use: You shall use the Services only in a bone-fide manner and in accordance with these Terms. You shall not, nor allow a third party to use the Services in any manner which may (i) impair, interfere disrupt or delay the operation of the Services ; (ii) send spam, unsolicited messages, harass, stalk or threaten any person or computer system; (iii) interfere with or violate any other person’s right, including right to privacy or intellectual property rights, or harvest or collect personally identifiable information about any users of the Service without their express consent,; (iv) use automated means such as computer software, crawlers, robots or scripts to harvest, process, cache, scrape, export or extract or otherwise bulk-download and/or store, any Content, information, or other materials or information made available via the Services; (v) create a data base of, or offer as a service, create or offer via a hosting service, provide to others as part of a “Software As-a-Service” (SaaS), or otherwise distribute, offer or resell, the Services or the Content, or information, or other materials or information made available via the Services; (vi) allow, cause or authorize or permit any third party to do any of the foregoing; (vii) use the Services for any illegal, immoral or unauthorized purpose, or which harms or may harm the goodwill of Octocs (in Octocs’s reasonable discretion). You shall not create any script, software, code or program which impairs, disrupts, diminishes or adds functionality to the Services, including transmitting or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
No License: Except as explicitly licensed under these Terms, you are prohibited from any use of Octocs’s, or any end-user, intellectual property.
Verifying Your Account: When registering to the Services, Octocs may authenticate your identity through different services and may, according to its sole discretion, require additional identification. If you register through electronic mail, then Octocs may authenticate your email address and send an electronic notification to the address you provide. In said message, Octocs may include information or links to authenticate your identity as the owner of the email address. Once verified Octocs will set up a registered account for you (“Account”).
Securing Your Account: According to the sensitivity of the information stored on the service and the potential risk of using the Service, you shall be required to set up and use a password to access your Account. You are solely responsible for maintaining the confidentiality of your Account including your username and password. You agree to accept responsibility for all activities that occur under your Account.
One Account for One Person: It is Octocs’s policy to have one Account for one person, and one person for one Account. You cannot hold more than one Account and you cannot allow others to access your Account. If you are a corporation (or using the Account on behalf of a corporation), then you can allow access to your corporate Account for to one authorized employee on your behalf. You hereby represent and acknowledge that unless you have otherwise explicitly notified us anyone accessing your corporate Account is acting on your behalf having all required authorizations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Sharing your Account Credentials: You are expressly prohibited from sharing your username and password with third-parties.
Notification of Abuse: You are required to inform Octocs, immediately, at [email protected] in any case where you have reason to believe that your account was hacked, is no longer secure and/or in any case you are informed of unauthorized use of your Octocs account.
Octocs’s Liability: Without derogating any limitation of liability under these Terms, Octocs shall not be liable in any case where you do not adhere to these security standards and shall not be able to assist you in any manner if you refrain from applying its security guidelines, as published from time to time.
2. Website Services
The Services which are provided by Octocs as of this day are the specified hereunder; however, Octocs may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site or Service (or any part thereof, including but not limited to the Content) without notice, at any time according to its sole discretion and without any prior notice.
Online Store: Octocs shall allow you to purchase licenses, through an online store. Any item shall be sold under the specific license which shall be attached to it, or conveyed under specific licenses. In order to purchase the licenses, you may search the online store’s inventory, which may demonstrate some of the core components of the Services (where in some cases the content is solely for demonstration). However, it is your duty to make sure that the code is adequate and that the final website you are creating using the licensed Software is adherent with applicable regulations.
Manuals: Octocs may provide you access to certain manuals relating to the use of the Software, where some manuals may be provided free of charge or against payment, which in any event shall be provided on an “as-is” basis without warranty.
3. Content Ownership
Content. The content contained in and/or accessible via the Software, Services and the Site, including without limitation, the graphics, design, elements artwork, logos, icons, images, sounds, videos, fonts, interactive features as well as the selection, assembly and arrangement thereof (including, without limitation, the “Look and Feel” of the Software or the Site and any part thereof), and any and all Intellectual Property Rights (defined below) pertaining thereto (collectively, the “Content”) is the property of Octocs and/or its licensors and is protected by applicable copyright or other intellectual property laws and treaties. “Intellectual Property Rights” means any and all rights in and to copyrights, trade secrets, service marks, trademarks, know-how, patents, or similar intellectual property rights, as well as any and all moral rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Restrictions. Except as explicitly permitted under these Terms the Content may not be used, copied, broadcasted, transmitted, distributed, licensed, displayed, sold, licensed, made available in any manner, de-compiled, or otherwise exploited for any purpose whatsoever.
4.1 Source Code License
The source code of the Software is licensed under the GNU GPL-3 terms with the following additional terms per GNU GPL-3 Section 7:
“The origin of the Program must not be misrepresented; you must not claim that you wrote the original Program. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original Program.”
4.2 Content License
When receiving the Software from Octocs or downloading the Software from the Site, you shall obtain a license for using and distributing the Content.
In the event that you obtain the Octocs Pro™ the Content is conveyed under the such subscription terms where the number of websites, installations, users and subscription term and price may be defined in each Subscription Plan as available on our website at https://elementor.com/pricing/ (“Subscription Plan”).
Subject to your compliance with these Terms, with respect to each Subscription Plan Octocs grants you the non-exclusive, non-sublicensable, non-transferable (other than as explicitly provided below), revocable personal right and license to use the Content and create derivative works of the Content in such number of websites as stated under the applicable Subscription Plan (e.g. one, three or unlimited number of websites). All licenses are named licenses to use the Content as aforementioned and the Content is licensed solely for your use, a particular individual. You must acquire and dedicate a license for each additional person that you wish to use the Content. Usage of a personal license by someone else but you shall be considered as an infringement of the rights of Octocs and the license for the Content may not be shared nor transferred.
“One website/site”, for the purpose of these Terms, shall mean one domain name, or one subdomain, but not both, and one WordPress installation.
Permitted Distribution: Under each applicable Subscription Plan, you are allowed to distribute a limited number of copies of the Content (as determined by Octocs from time to time) together with, or as part of a larger work (meaning, with other software and/or content components) to your clients (the “Sublicensees”), as long as the Sublicensees receive such Content under terms and conditions include these Terms, without any support from Octocs, and without the sublicensing or distribution rights.
Prohibited Distribution: Except for the Permitted Distribution to Sublicensees (as described in the foregoing paragraph), you are prohibited from distributing the Content in any way, and you are prohibited from allowing any third-party to make any use of it.
Protecting the Software: The Software may be provided with an authentication key. For the avoidance of any doubt, this key allows Octocs to authenticate classify and ensure that your Subscription Plan and license are in effect, so that you can receive timely support services, software updates and to connect to the Octocs library and we can monitor the compliance with these terms and with the scope of the applicable Subscription Plan you purchased .
Support: The Subscription Plan includes certain support services for the Services only (as applicable and set forth in our Site), which in all cases will be provided only to you and not to any of your Sublicensees. Octocs shall under circumstances have any responsibility or liability of any kind whatsoever, including responsibility to provide support, to your Sublicensees or any other third party.
Updates: Octocs may update and/or upgrade the Services software components at its discretion. If you purchase a Subscription Plan all updates made generally available during the twelve (12) months following your Subscription Plan purchase will be provided to you as part of the Subscription Plan and are available solely for such number of websites as stated under the applicable Subscription Plan. Octocs encourages you to upgrade to the latest release of the Software as soon as possible. Be aware that Octocs’s support for all Subscription Plans is limited to the latest two (2) released versions of the Software and provided that all the plugins on the relevant website are updated to their latest version.
No Support for Third-Party Components: The Services, including the Content are provided to you without any support for third-party components which are used with or in connection to the Services, whether installed on your server, or otherwise, whether or not in source code.
Additional Components: During your first use of the Service and the Software, you may be presented the option to install additional third-party components. For the installation of these components, you shall be required to accept additional terms. Please note that these components are not mandatory for your use of the Services.
Limitation of Liability: Without derogating from other provisions of these Terms any distribution of the Content shall require you to make sure that the receiving third-party disclaims any liability from Octocs from any use of the Content, its non-adherence to any system, lack of updates, or any other claim relating to damages.
No Hosting or Resale: Without derogating from any of the restrictions and limitations set forth in these Terms, you may not provide access to the Content acting as a hosting service provider or a reseller, and you may not provide the Content to others as part of a “Software As-a-Service” (SaaS). You may not bundle the Content in a website where you have no a significant part in its design and development nor resell it as a commercial, off the shelf, license or product This means that you can use the Content as a part of a commercial project where you design a theme for your client, provided that you have significant control over such project and you may not use the Content in a theme or DIY website hosting solution.
You may (but are not required to) provide Octocs with input, suggestions, information or materials and/or feedback in connection the Services, Software and/or the Content and/or in connection with your use thereof (“Feedback”). Octocs shall own all right, title and interest in and to any such Feedback, and may use or incorporate such Feedback into the Services Content and/or Software at its discretion.
6. Open Source Components.
The Software includes open source components that are made available by Octocs and other third parties (“Open Source Components”) that are subject to open source license terms and conditions (“Open Source Terms”). Your right to use Open Source Components is subject to any applicable acknowledgements and license terms accompanying such Open Source Components, contained therein or related thereto. A list of any Open Source Components and related Open Source Terms included in the Software and Services is available at https://elementor.com/licenses/. You are obligated to comply with the applicable Open Source Terms related to such Open Source Components. Open source Components are governed solely by such Open Source Terns, including without limitation warranty and indemnification.
Rates: Octocs may, from time to time, determine rates for the use of the service. These rates may be yearly, monthly, weekly, daily or one-time fees.
Refunds: Octocs provides a 30-day “no questions asked” refund for new Subscription Plan purchases. Such refund shall be available for a period of thirty (30) days from the end of the business day the Subscription Plan purchase was made; Octocs may refuse to refund clients who act in bad faith or misused the services and/or the Content. Note: Refunds do not apply to upgrades or renewals.
Support is provided for Octocs Pro™ only under a Subscription Plan you purchase. through Octocs’s channels and on a reasonable commercial effort basis. Octocs shall use reasonable commercial efforts to respond to any support ticket in a timely manner.
9. Affiliate Program
Octocs’s Affiliate Program and the terms thereof shall be governed by the Octocs’s Affiliate Agreement.
10. No Liability
Octocs shall not be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the Service, Site, Software or Content, including the use or inability to use the any of the forgoing, failure of ant of the foregoing to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any third party services.
To the extent permissible under the law applicable to you and/or your use of the Service, Site, Software or Content, and without derogating from the aforementioned, no action may be brought by you against Octocs or any employee, officer, affiliate or its end users for any cause whatsoever including the breach of these terms more than one (1) year after the occurrence of such cause of action.
The foregoing limitations, exclusions and disclaimers shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Octocs’s Site, Software, Content or Services provided to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if Octocs and/or any Octocs affiliates have been advised of the possibility of such liabilities and/or damages. Notwithstanding anything to the contrary (and without derogating from the foregoing limitations) in no event shall Octocs’s cumulative liability to you exceed amounts paid by you to Octocs for a Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.
User acknowledges by agreeing to the terms herein that Octocs (and its affiliates) provide no warranties as to the performance, correctness, functionality or suitability of the services, software, content for any particular purpose. Octocs does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. The Software, Service, Site and Content (and any part thereof) are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non- infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
Octocs’s website may display ads. Nonetheless, Octocs does not endorse and monitor any of these ads or their content nor is Octocs responsible for the foregoing, even if they seem affiliated with Octocs.
12. Amending These Terms
Octocs may amend or change these Terms from time to time with or without notification and such changes will become effective immediate. If you decide that any change is not acceptable to you, you may terminate these Terms. However, changes of these Terms shall not have retroactive effect.
You are required to inspect, from time to time, these Terms.
Octocs may, according to its sole discretion, terminate these Terms, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Octocs believes that you breached these Terms or acted in a manner which may harm Octocs or the Services. Octocs may, moreover and according to its sole discretion, refrain from providing the Services or any part thereof, with or without any prior notice.
You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Octocs may terminate the services immediately or remove your Content.
Moreover, Octocs shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending, or otherwise limiting your use of the Services; However, in any case where Octocs shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with Services for the Subscription term you paid, or refund the proportional un-used portion of the pre-paid subscription fees , according to your discretion.
You hereby warrant and agree to indemnify, defend and hold Octocs, and its affiliates, and respective officers, directors, employees and agents, harmless for any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising due to your breach of representations and/or obligations under these Terms or related to your use, or inability to use, of the Service, Content, Software or the Site. This indemnification shall be made promptly, according to Octocs’s request.
15. Entire Agreement
These Terms constitute the entire agreement between Octocs and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Octocs to enforce its rights shall not be constructed as an amendment.
Octocs may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party (including without limitation to an affiliate and/or upon a merger, acquisition, sale of all or substantially all of its shares or assets or such part of its assets underlying these Terms) with or without notice. These terms will inure to the benefit of any Octocs successor.
17. Governing Law
These terms of service shall be exclusively governed by the laws of the state of Israel without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Tel-Aviv district. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have arising out of or related to these Terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. No Class Action
You undertake not to engage in any class action against Octocs and solely to claim your losses personally