Terms of Service

Effective date: July 29, 2026

These Terms of Service (“Terms”) govern your access to and use of the Chat Octopus website and service (“Service”), operated by Chat Octopus, Inc. (“Company,” “we,” “us”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal information from children under 13 in compliance with COPPA.

2. Sanctions and export controls

You may not access or use the Service if you are located in, or ordinarily resident in, any country or region subject to comprehensive United States sanctions (including, as of the effective date above, Cuba, Iran, North Korea, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are identified on, or owned or controlled by a party identified on, any United States government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control.

You agree to comply with all applicable export control and economic sanctions laws and regulations, and not to use, export, re-export, or transfer the Service or its output in violation of them. We may suspend or terminate your access, and decline transactions, where we reasonably believe doing so is required to comply with these laws.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information when creating your account and to notify us promptly of any unauthorized access.

4. Service description

Chat Octopus is an AI-powered media copilot that processes text, audio, video, and document files based on your instructions. The Service offers a free tier and paid plans; your use of AI features is measured in credits, described in Section 5. We reserve the right to introduce, modify, or discontinue features, plans, pricing, or usage limits at any time with reasonable notice.

5. Credits

Your use of the Service’s AI features is measured in credits. One credit is a unit of access; the number of credits an operation costs depends on the work it requires, and is shown in the app.

Credits are a means of accessing the Service. They are not money, currency, stored value, or a deposit, they carry no cash value, and they grant no ownership or property rights. Credits are non-transferable and cannot be exchanged, resold, or redeemed for cash. They may be used only to access the Service.

How you receive credits:

  • Plan credits are granted at the start of each billing cycle on a paid plan.
  • Top-up credits are one-time purchases you can buy in addition to a plan.
  • Free, promotional, invite, or goodwill credits may be granted at our discretion.

Purchased credits, whether from a plan or a top-up, are delivered to your account immediately after your payment is confirmed.

When credits expire:

  • Plan credits expire at the end of the billing cycle in which they are granted and do not roll over, except as described in Section 6 when you upgrade.
  • Purchased top-up credits do not expire.
  • Promotional, invite, and goodwill credits expire as stated when they are granted; if no expiry is stated, they do not expire.
  • Credits granted during the free beta expire 60 days after paid plans launch. We will give in-product notice before they expire.

Your current balance and the expiry of each grant are shown in your in-product credit history. We may change the number of credits an operation costs, with notice. Rate changes are not retroactive: operations you have already run are not re-charged.

6. Plans, billing, and payments

Paid plans are billed in advance on a recurring monthly basis through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method for each billing cycle until you cancel.

Changing plans:

  • Upgradestake effect immediately. You are charged the new plan’s full price that day, and a new monthly billing cycle starts from that day. You receive the new plan’s full credit allotment, and any unused credits from your prior plan carry over and remain usable through the new cycle. Carried credits are how unused time on your prior plan is compensated; we do not issue cash prorations or partial refunds for the remainder of the old cycle. The exact charge and your new renewal date are shown before you confirm an upgrade.
  • Downgrades and cancellations take effect at the end of your current billing period. You keep your access and plan credits until then; the lower allotment, or the free tier, applies from the next period.

You can change or cancel your plan at any time from your account settings; cancellation is reachable in two steps. We do not provide partial-period or pro-rated refunds for the unused portion of a billing period, except as required by law or as described in Section 7. Plan prices may change; we will give notice before a change takes effect, and it will apply from your next billing cycle.

7. Refunds, withdrawal rights, and disputes

Failed generations. If an operation fails to produce a result, you are not charged for it. If a charge was recorded before the failure, we automatically refund it in full to your credit balance.

Other payments.Plan and top-up payments are non-refundable, except where required by law or where we choose to issue a refund at our discretion. If we refund a purchase, the credits it granted are removed from your balance; if you have already used some of them, your balance may go negative. Where a refund is reduced to account for credits you have used, those credits are valued at the purchase’s effective per-credit price: the price you paid divided by the number of credits it granted.

Withdrawal rights (EU, EEA, and UK consumers). If you are a consumer in the European Union, European Economic Area, or United Kingdom, you have the right to withdraw from a purchase within 14 days. Because credits give immediate access to a digital service, at checkout you consent to us beginning performance immediately and acknowledge that your right of withdrawal no longer applies to credits you have already used. If you withdraw within the 14-day period, we refund the purchase minus the value of credits you have used, valued at the effective per-credit price described above.

How to withdraw. The withdrawal period expires 14 days after the day of your purchase. To exercise this right, notify us of your decision by an unambiguous statement, for example by email to [email protected]. You may use the model form below, but you are not required to. To meet the deadline, it is sufficient that you send your notice before the withdrawal period expires. We will refund the amount due without undue delay and no later than 14 days after we receive your withdrawal notice, using the same means of payment you used for the purchase, less the value of credits you have used as described above.

Model withdrawal form.“To Chat Octopus, Inc., 4056 Forest Hill Blvd, Unit #292, Palm Springs, FL 33406, United States, [email protected]: I hereby give notice that I withdraw from my contract for the supply of the following service: [describe the plan or credit purchase], ordered on [date]. Name of consumer: [name]. Address of consumer: [address]. Date: [date].” A signature is required only if you submit the form on paper.

Disputes and chargebacks. If you dispute a charge with your bank or card issuer, we reverse the credits from that charge, which may make your balance negative, and your account is suspended while the dispute is open: you cannot run operations or make new purchases. Managing and cancelling your subscription remains available. The suspension lifts when the dispute is resolved. If the dispute is resolved in our favor, we keep the payment and restore the reversed credits to your balance. If it is resolved in your favor, your bank returns the payment to you, so the reversed credits are not restored and we cancel your subscription. The cancellation applies to whichever subscription is active when the dispute closes, which may not be the one the disputed charge paid for. If a charge looks wrong, contact [email protected] first; we can usually resolve it faster than your bank.

8. Your content

You retain all ownership rights to content you upload or create using the Service (“Your Content”). By uploading content, you grant us a limited, non-exclusive license to process, transform, and store Your Content solely to provide the Service to you.

We do not use Your Content to train AI models. Uploaded files and generated output stay in your conversation history until you delete them or close your account, unless we remove or disable access to specific content as described in Sections 10 (Acceptable use), 11 (Reporting and content moderation), and 13 (Copyright complaints), or where we must remove, preserve, or disclose content to comply with legal obligations. Temporary copies made while a job is running are removed within seven days. When you close your account, we schedule deletion for thirty days later, as described in our Privacy Policy.

9. AI-generated output

Output generated by the Service is provided “as is.” While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or unintended results. You are responsible for reviewing all output before publishing or distributing it.

Output is provided for general informational purposes only and is not professional advice. It is not a substitute for the advice of a qualified professional, such as a lawyer, physician, accountant, or financial advisor, and you should not rely on it as such.

10. Acceptable use

You agree not to use the Service to:

  • Upload, create, or distribute content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
  • Create, request, or distribute sexual or exploitative content involving minors, whether real, modified, or generated. We report such material to the National Center for Missing & Exploited Children and other authorities as required by law.
  • Impersonate a real person without their consent, including by generating or simulating a person’s voice, image, or likeness.
  • Generate deepfakes, non-consensual intimate imagery, or content designed to deceive or defraud.
  • Harass, intimidate, or target any individual for abuse.
  • Create or distribute malware or other malicious code, or content designed to enable unauthorized access to systems, accounts, or data.
  • Infringe or violate the intellectual property or privacy rights of any third party.
  • Attempt to reverse-engineer, disassemble, or extract the source code or models of the Service.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Use automated means (bots, scrapers) to access the Service without written permission.

The Service’s AI features are provided through the third-party model providers identified in our Privacy Policy. Your use of those features must also comply with those providers’ published acceptable-use policies, as updated by them from time to time; a violation of those policies in your use of the Service is a violation of these Terms.

We reserve the right to suspend or terminate accounts that violate these rules, with or without notice.

11. Reporting and content moderation

Generative AI can produce content that is inaccurate, biased, or inconsistent with these Terms even when our systems and prompts are designed to prevent it. You acknowledge that AI-generated output is provisional and that you are responsible for reviewing it before relying on, sharing, or otherwise acting on it.

If you encounter AI-generated output or any other content on the Service that you believe violates these Terms—including content that is hateful, sexual, violent, encourages self-harm, misleads, or is otherwise abusive—you can report it directly from the app. On any assistant message, press and hold to open the message options, choose “Report message,” and select the most appropriate reason. You can also email [email protected] with a description of the issue.

We review reports we receive and, in our discretion, may take a range of actions in response, including but not limited to removing or hiding the reported content, issuing a warning, suspending features, or suspending or terminating the account responsible. Except as stated below for intimate imagery, we do not guarantee a specific response time, but we make reasonable efforts to act on credible reports promptly.

Non-consensual intimate imagery. If an intimate image or video depicting you, including an AI-generated or altered depiction, has been published on the Service without your consent, email [email protected] with information sufficient to locate the content, a statement that you are the person depicted or are authorized to act on their behalf, a statement that the depiction was published without consent, and your physical or electronic signature. We remove validly reported content, and any known identical copies, within 48 hours of a valid request.

Except for the removal commitments stated above for intimate imagery and in Section 13 for copyright, nothing in this section creates a duty for Chat Octopus, Inc. to monitor the Service or to detect, prevent, or remove any specific content. Sections 9 (AI-generated output), 10 (Acceptable use), and 14 (Disclaimers) continue to apply to all output, whether or not it has been reported.

12. Intellectual property

The Service, including its design, code, and branding, is owned by Chat Octopus, Inc. and protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other brand features.

14. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

15. Limitation of liability

To the fullest extent permitted by law, Chat Octopus, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising from your use of or inability to use the Service. Our total aggregate liability shall not exceed the greater of $100 USD or the amount you paid us in the 12 months preceding the claim.

16. Indemnification

You agree to indemnify and hold harmless Chat Octopus, Inc. and its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

17. Termination

You may stop using the Service at any time. We may suspend or terminate your access at our discretion, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will survive.

18. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If a change is material, we will make reasonable efforts to notify you (for example, via email or an in-app notice).

20. Miscellaneous

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chat Octopus, Inc. regarding the Service and supersede any prior agreements regarding the Service.

Assignment. You may not assign or transfer these Terms, or any rights under them, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

21. Contact

If you have questions about these Terms, contact us at [email protected].

Chat Octopus, Inc.
4056 Forest Hill Blvd, Unit #292
Palm Springs, FL 33406
United States

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