Octopus Cloud Product Terms

Effective starting 1 February 2023

Your use of Octopus Cloud is subject to our Customer Agreement together with these Terms.

1. Access to Cloud Services. We grant you a non-exclusive right to access and use Octopus Cloud for your own business purposes during the Order Term. You may only use Octopus Cloud in accordance with its Documentation and as specified under the Order.

2. Nature of Octopus Cloud. You acknowledge that Octopus Cloud is an online, subscription-based service hosted and managed by us, the features of which may change from time to time.

3. Term of access. Your access to Octopus Cloud shall continue for the Order Term (as renewed in accordance with the Customer Agreement).

4. Target Limits and Billing. The fees payable for your continued access to Octopus Cloud shall be calculated:

(a)           based on a fixed number of maximum Targets that you can deploy to; or,

(b)           with variable billing, based on the number of Targets actually deployed to by the end of the billing period,

as specified when placing or renewing your Order.

If you choose option (b), you acknowledge that your bill may vary each billing period, subject to any increase or decrease by you of the number of Targets in that billing period. To avoid any unpleasant surprises, you can limit the maximum number of targets by configuring a cap in your Octopus Account.

5. Fair Usage. Your usage of Octopus Cloud is governed by our Acceptable Usage Policy.

6. Support, Maintenance, and New Releases. Octopus Cloud is provided as an ongoing software-as-a-service. During the Order Term we may update, upgrade, and patch, Octopus Cloud, from time to time. You acknowledge and agree that:

(a)           we may, but are under no obligation to, release any update, upgrade or patch at any time or for any reason;

(b)           certain features may be offered on a trial, temporary, or beta basis, and the continued availability of any particular feature is not guaranteed; and

(c)            updates, upgrades, and patches could cause disruption to services, for some features to not work as they previously did, or other interruptions.

7. Termination, removal and suspension. We may remove Your Data from Octopus Cloud, or suspend your access to Octopus Cloud, if we deem such action necessary based on your violation of our Customer Agreement, these Terms, any other agreements or terms between us, or our Acceptable Use Policy. We will provide thirty (30) days’ notice and provide reasonable opportunity for you to correct your breach prior to removing Your Data, but we may also suspend your access immediately without notice if we deem it necessary to protect Octopus Cloud, security of other customers or to comply with any law or regulation. We have no liability to you for removing or deleting Your Data from or suspending your access to any Cloud Services under this Section.

8. Static IP Addresses.

Your Order may include a static IP address (“Static IP”). We may on rare occasions need to change the Static IP you have been provided. In such cases we will do our best to give you at least thirty (30) days’ notice so you can prepare for the change.

9. Definitions

Any defined words not defined in this Section have the meaning given to them in the Customer Agreement. In these Terms, unless the context requires otherwise:

Octopus Cloud means our Octopus Cloud service.

Target means a destination, machine or service, to which actions may be directed towards, as described in our documentation from time to time.

Terms means these Octopus Cloud Terms.