Octopus Cloud Product Terms

Effective starting 1 August 2023

If you Order Octopus Cloud, these Terms shall apply. 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. Usage. The fees payable for your continued access to Octopus Cloud shall be calculated:

(a)           based on fixed usage limits as specified in your Order;

(b)           with variable or consumption-priced billing based on actual usage; or

(c)           a combination of the above,

as specified in your Order.

5. If you choose options (b) or (c), you acknowledge that your bill may vary each billing period, subject to your actual consumption in that billing period. We may require you to make an advance payment towards any consumption-based pricing.

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

7. 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.

8. 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.

9. 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.