TradeOcto Terms of Service

1. Definitions

"Service" — the TradeOcto platform, including the web application, backend APIs, AI workflows, lead and contact discovery features, integrations, and any related documentation.

"Customer Content" — any data, prompts, briefs, notes, uploads, search criteria, exports, and business configurations submitted to the Service by you or your Authorized Users, excluding Service Data.

"Service Data" — operational data generated by the Service, such as logs, usage telemetry, performance metrics, security audit records, and aggregated or de-identified analytics derived from operating the Service.

"Authorized User" — an individual permitted by the Customer to access the Service under the Customer's account or tenant.

"Order Form" — an ordering document executed between TradeOcto and the Customer that specifies plan, fees, term, quotas, and any deviations from these Terms.

"Sub-processor" — a third-party processor engaged by TradeOcto to process Customer Content on its behalf (see the Privacy Policy for the sub-processor list).

2. Service Description

TradeOcto provides overseas buyer discovery, search strategy generation, public web retrieval, company relevance verification, contact lead discovery, AI summaries, translation, batch research, saved sessions, usage management, and team collaboration features.

The Service may include local deployment components, Docker services, a frontend application, backend services, PostgreSQL, Redis, an LLM proxy, search and crawling integrations, and optional third-party data tools.

Available features, quotas, models, data sources, deployment boundaries, and support scope may depend on your configuration, plan, Order Form, environment variables, and third-party service availability.

3. Accounts, Authorized Users, and Security

You must provide accurate registration information and are responsible for securing accounts, passwords, team members, API keys, and access credentials. Activities under your account are the responsibility of you and your organization.

Administrators must assign tenant permissions, member roles, and access policies appropriately. If you discover unauthorized access, leaked credentials, or abnormal use, promptly change passwords, revoke credentials, and notify the service provider or system administrator.

TradeOcto supports local account registration and login by default. If your deployment enables external SSO, enterprise authentication, or another identity source, you must also follow the terms and security requirements of that identity provider.

4. Acceptable Use

You may use TradeOcto for lawful B2B sales, market research, procurement research, customer development, competitive intelligence, and team collaboration.

You may not use the Service to engage in unlawful, infringing, fraudulent, harassing, spam, malicious crawling, access-control bypass, system attack, malware distribution, privacy violation, unlawful discrimination, misleading identity generation, or activities that violate the rights of others.

You may not reverse engineer, decompile, disrupt, overload, abuse free quotas, share accounts to avoid billing, or use TradeOcto in a way that violates third-party website, data source, model service, or API terms.

High-risk uses are prohibited unless explicitly permitted in writing — TradeOcto may not be used to make solely automated decisions that produce legal or similarly significant effects on individuals (for example, employment, credit, insurance, housing, or essential service decisions).

5. Export Controls and Sanctions

The Service is subject to U.S., EU, UK, and other applicable export-control and economic-sanctions laws. You represent that you, your organization, and your Authorized Users are not located in, organized under the laws of, or ordinarily resident in any country or region that is subject to comprehensive embargo, and are not on any restricted-party list (including the U.S. Treasury OFAC Specially Designated Nationals list, the EU Consolidated Sanctions List, or the UK Sanctions List).

You may not export, re-export, or make the Service or any output available to any person or destination prohibited by applicable export-control or sanctions laws, and you may not use the Service to facilitate sanctions evasion or export-control evasion.

6. Customer Content and Data Responsibility

As between the parties, Customer retains all rights, title, and interest in Customer Content. Customer grants TradeOcto a worldwide, non-exclusive, limited license to host, copy, transmit, process, and display Customer Content solely as necessary to provide, secure, maintain, support, and improve the Service for the Customer.

You represent that you have the right to submit Customer Content and that doing so does not violate third-party rights or applicable law. You are responsible for privacy, anti-spam (including CAN-SPAM, CASL, and equivalent rules), consumer-protection, and industry-specific compliance when using enrichment, contact data, and outreach workflows.

For information obtained from public pages, third-party data sources, or AI inferences, you should verify accuracy, source, permission, and suitability before use.

7. AI Outputs and Professional Judgment

TradeOcto uses generative AI and algorithmic models to produce search strategies, summaries, classifications, scores, recommendations, translations, and outreach references. AI outputs are not factual guarantees, legal advice, financial advice, compliance conclusions, or promises of customer conversion.

AI may produce hallucinations, omissions, bias, outdated information, or content inconsistent with sources. You should verify outputs with source evidence, human judgment, and organizational review processes, especially before contracting, payment, compliance review, sanctions screening, or large-scale outreach.

You may not present AI outputs as manually verified facts or use them for high-risk decisions without human review. Where AI outputs are exposed to third parties (for example, in outreach drafts), you remain responsible for the accuracy and legality of what you ultimately send.

8. AI Training Data Exclusion

TradeOcto does not use Customer Content to train, fine-tune, or otherwise improve large language models that are made generally available to other customers.

Where the Service uses third-party model providers, TradeOcto contracts for the same exclusion — Customer Content is processed solely to return the AI output requested and is not retained by the model provider for training, unless your deployment explicitly opts in through an Order Form or admin setting.

Aggregated and de-identified Service Data (such as feature-usage counts, latency distributions, and error categories) may be used to operate, secure, and improve the Service. Such data is engineered so individual Customer Content cannot be reconstructed from it.

9. Subscription Term, Renewal, and Cancellation

Unless otherwise stated in an Order Form, subscriptions run on a monthly or annual term that renews automatically for a successive term of the same length. To prevent renewal, you must cancel the subscription before the end of the then-current term via the billing console or by written notice as specified in the Order Form.

Cancellation takes effect at the end of the current paid term. You retain access until that point unless the Service is suspended or terminated for cause.

Plan changes (upgrades, downgrades, seat additions) take effect according to the rules described in the billing console or Order Form. Fees for new entitlements are pro-rated where applicable.

10. Fees, Quotas, and Plans

Some features may be limited by plan, credits, daily quotas, concurrent tasks, model costs, search quotas, or administrator policies. Actual billing and available quota are governed by the applicable Order Form, admin console, billing page, or written agreement.

Fees are exclusive of taxes; Customer is responsible for any applicable VAT, GST, sales, use, or withholding taxes. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.

Unless an Order Form or applicable law states otherwise, consumed model, search, crawling, research, and export quota is non-refundable. Free, trial, or testing quota may be changed or ended at any time.

11. Free Trial, Beta, and Preview Services

TradeOcto may offer free trials, free tiers, beta features, or preview services from time to time. These are provided on an as-is basis without any service commitments and may be modified or discontinued at any time.

Customer Content submitted to free, trial, beta, or preview services is treated under the same security and privacy controls as paid services. However, features marked beta or preview may have additional limitations, may not be covered by the SLA, and may have shorter retention.

Feedback provided about beta or preview features is governed by Section 16 (Feedback).

12. Service Level

For paid production subscriptions, TradeOcto targets monthly uptime of 99.5% for the core platform, measured excluding scheduled maintenance, force majeure, third-party outages, and Customer-caused issues.

If a separate Service Level Agreement is attached to an Order Form, that SLA prevails. Service-level credits, where offered, are the Customer's sole and exclusive remedy for failures to meet the uptime target.

Scheduled maintenance is announced in advance through in-product notices, status pages, or release notes where reasonably practical.

13. Third-Party Services and Public Sources

The Service may call search engines, web-crawling services, model APIs, trade data, maps, social-media services, email, payment, analytics, and infrastructure providers. Third-party services are operated by their providers and are subject to their own terms, privacy policies, quotas, and availability limits.

TradeOcto does not control third-party website content and does not guarantee that public sources will remain accessible, accurate, complete, or suitable for your specific purpose. Source changes, blocking, rate limits, or deletion may affect results.

14. Intellectual Property

TradeOcto software, interfaces, branding, designs, documentation, workflows, system logic, and related intellectual property are owned by the service provider or its licensors. Except for the limited rights expressly granted in these Terms, no ownership or license is granted to you.

You may use Service outputs for your lawful business purposes subject to these Terms. If outputs include third-party public information or licensed content, you remain responsible for complying with the restrictions of the relevant source.

15. Feedback and Marketing

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant TradeOcto a perpetual, irrevocable, royalty-free, worldwide license to use the Feedback for any purpose, without obligation or attribution.

TradeOcto will not publicly identify Customer as a user of the Service, use Customer's name or logo in marketing materials, or issue a public case study without Customer's prior written consent (email is sufficient).

16. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"), including business, technical, pricing, customer, credential, and security information. The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, protect it with at least the same degree of care it uses for its own confidential information (and not less than reasonable care), and disclose it only to its personnel and advisors who need it and are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available without breach of these Terms, was already known to the receiving party without obligation of confidence, is independently developed without use of the disclosing party's information, or is rightfully received from a third party without restriction.

17. Indemnification

By TradeOcto — TradeOcto will defend Customer against any third-party claim alleging that the Service, as provided by TradeOcto and used in accordance with these Terms, infringes a valid intellectual-property right, and will pay damages and reasonable attorneys' fees finally awarded against Customer or agreed in settlement. If the Service becomes, or in TradeOcto's reasonable opinion is likely to become, the subject of an infringement claim, TradeOcto may, at its option, procure the right for Customer to continue using the Service, modify the Service to make it non-infringing, or terminate the affected subscription and refund prepaid unused fees.

By Customer — Customer will defend TradeOcto against any third-party claim arising out of Customer Content, Customer's use of the Service in violation of these Terms or applicable law, or Customer's use of the Service to send outreach in breach of applicable anti-spam, consumer-protection, sanctions, or export-control laws, and will pay damages and reasonable attorneys' fees finally awarded against TradeOcto or agreed in settlement.

Indemnification is conditioned on (a) prompt written notice of the claim, (b) sole control of the defense by the indemnifying party (with the other party's reasonable cooperation), and (c) no settlement that imposes liability or admission of fault on the indemnified party without consent.

18. Changes, Suspension, and Termination

We may modify, suspend, or discontinue features for security, compliance, maintenance, performance, product improvement, or third-party service changes. We will try to provide advance notice for material changes.

If you violate these Terms, create security risk, fail to pay fees, abuse the Service, or create legal risk, we may restrict, suspend, or terminate access. After termination, accrued payment, confidentiality, indemnification, compliance, and liability obligations survive.

19. Disclaimers

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE". TradeOcto disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or usage of trade.

TradeOcto does not warrant that the Service will be error-free, uninterrupted, fully secure, meet every business objective, or that any lead, contact, score, summary, or AI output will be accurate or complete.

20. Limitation of Liability

To the maximum extent permitted by law, TradeOcto will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, goodwill, anticipated savings, or data; cost of substitute services; or any third-party claim, even if advised of the possibility of such damages.

TradeOcto's aggregate liability arising out of or related to these Terms or the Service will not exceed the fees paid or payable by Customer to TradeOcto for the Service giving rise to the liability during the twelve (12) months immediately preceding the event giving rise to the claim.

For free or trial Services, TradeOcto's aggregate liability is limited to one hundred U.S. dollars (US$100) or the lowest amount permitted by applicable law, whichever is greater.

Nothing in these Terms limits liability that cannot be excluded under applicable law (for example, fraud, willful misconduct, or death or personal injury caused by negligence).

21. Force Majeure

Neither party will be liable for delay or failure to perform (other than payment obligations) caused by events outside its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications outages, denial-of-service attacks, pandemics, or natural disasters. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

22. General

Assignment — Neither party may assign these Terms without the other party's written consent, except that either party may assign to an affiliate or to a successor in connection with a merger, reorganization, or sale of substantially all of its assets. Any other purported assignment is void.

Notices — Legal notices to TradeOcto must be sent to [email protected]. Notices to Customer may be delivered to the email address on file for the account.

Severability — If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

No Waiver — A party's failure to enforce a provision is not a waiver of its rights.

Entire Agreement — These Terms, together with the Privacy Policy and any Order Form, are the entire agreement between the parties and supersede prior agreements regarding the same subject matter. In case of conflict, the order of precedence is: Order Form, Data Processing Addendum (if any), these Terms, the Privacy Policy.

Survival — Sections 1 (Definitions), 6 (Customer Content), 8 (AI Training Data Exclusion), 14 (Intellectual Property), 15 (Feedback and Marketing), 16 (Confidentiality), 17 (Indemnification), 19 (Disclaimers), 20 (Limitation of Liability), 22 (General), and 23 (Governing Law) survive termination.

23. Governing Law and Disputes

Governing law and dispute resolution are determined by the applicable Order Form, master agreement, or written agreement. If there is no separate agreement, these Terms are governed by the laws of the jurisdiction in which the TradeOcto service provider is established, without regard to its conflict-of-laws principles, and disputes will be resolved exclusively in the competent courts of that jurisdiction.

Any claim arising out of or related to these Terms must be brought within one (1) year after the cause of action arises, except where applicable law prohibits a shorter limitation period.

We may update these Terms to reflect product, legal, or operational changes. Material changes will be communicated through in-product notices, release notes, or other reasonable methods. Continued use of the Service after the effective date means you accept the updated Terms. If an update materially harms you, you may stop using the Service or terminate as allowed by the applicable agreement.

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