Terms of Service

Last updated: October 7, 2025

1. Agreement to Terms

By accessing or using OctoSpark ("Service"), operated by OctoSpark ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

OctoSpark is an AI Native Content Studio and Social Media Scheduler that provides:

  • AI-assisted content creation (slideshow videos, images, captions)
  • Content scheduling and publishing tools (currently TikTok, with additional platforms planned)
  • Multi-platform account management with OAuth integration
  • Team collaboration tools and workspace management
  • Analytics and reporting features for content performance
  • Video generation workflows and processing
  • Credit-based consumption billing system

3. Account Registration

To use our Service, you must:

  • Be at least 18 years old or have parental consent
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

4. Acceptable Use

You agree not to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code or viruses
  • Harass, abuse, or harm other users
  • Create or distribute spam content
  • Attempt to gain unauthorized access to our systems
  • Use the Service for any illegal or unauthorized purpose
  • Violate the terms of service of connected social media platforms

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of content you create using our Service. By using OctoSpark, you grant us a non-exclusive, worldwide license to use, store, and process your content solely to provide the Service.

5.2 AI-Generated Content

Content generated by our AI tools is provided "as-is." You are responsible for reviewing and modifying AI-generated content before publishing. You assume all responsibility for the use of AI-generated content.

5.3 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by OctoSpark and protected by international copyright, trademark, and other intellectual property laws.

6. Payment Terms

6.1 Credit System

OctoSpark operates on a credit-based consumption system where 1 credit equals $0.0001 (10,000 credits = $1). Different features consume different amounts of credits based on computational complexity and processing time. Credits are non-refundable, non-transferable, and may be reserved for long-running operations.

6.2 Billing

By purchasing credits or subscribing to a plan, you authorize us to charge your payment method. All payments are processed securely through Stripe.

6.3 Refunds

We offer refunds only in cases of technical errors on our part that prevent you from using purchased credits. Refund requests must be made within 7 days of purchase.

7. Third-Party Services

Our Service integrates with third-party social media platforms (currently TikTok, with additional platforms planned). Your use of these platforms is governed by their respective terms of service. We are not responsible for the availability or functionality of third-party services.

8. TikTok Content Posting Requirements

When using our Service to post content to TikTok, you acknowledge and agree to the following:

8.1 User Control and Consent

  • You have full control over all content posted to your TikTok account
  • You must explicitly consent to each post before it is published
  • You are responsible for reviewing and approving all content elements including title, privacy settings, and interaction permissions
  • You can edit all preset text, hashtags, and content elements before posting

8.2 Content Responsibility

  • You are solely responsible for all content posted to TikTok through our Service
  • You must ensure content complies with TikTok's Community Guidelines and Terms of Service
  • You warrant that you have all necessary rights to post the content
  • You are responsible for any consequences arising from posted content

8.3 No Promotional Watermarks

OctoSpark does not add promotional watermarks, logos, brand names, or other promotional branding to content posted to TikTok. All content is delivered clean and ready for posting without unauthorized promotional elements.

9. Music Usage and Copyright Compliance

When posting content that contains music to TikTok through our Service:

  • You agree to TikTok's Music Usage Confirmation for all posts
  • You are responsible for ensuring you have rights to use any music in your content
  • You acknowledge that TikTok may remove content that violates music copyright policies
  • OctoSpark is not responsible for music copyright issues or content removal by TikTok

10. Commercial Content Disclosure

For commercial content posted to TikTok through our Service:

10.1 Content Disclosure Requirements

  • You must properly disclose when content promotes yourself, your brand, or third parties
  • You agree to TikTok's Branded Content Policy when posting branded content
  • Branded content can only be set to public or friends visibility (not private)
  • You are responsible for accurate commercial content labeling

10.2 Policy Compliance

By posting commercial content, you agree to comply with both TikTok's Branded Content Policy and Music Usage Confirmation. Failure to properly disclose commercial relationships may result in content removal or account penalties by TikTok.

11. Platform-Specific Content Policies

Content posted through our Service must comply with the specific policies of each destination platform:

  • TikTok Community Guidelines and Terms of Service
  • Platform-specific content restrictions and requirements
  • Age-appropriate content standards
  • Intellectual property and copyright policies
  • Advertising and commercial content policies

OctoSpark provides tools to help you comply with platform policies, but ultimate responsibility for compliance rests with you as the content creator and account owner.

12. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using OctoSpark, you consent to our collection and use of your information as described in the Privacy Policy.

13. Disclaimers and Limitations of Liability

13.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may modify or discontinue features without notice.

13.2 Content Disclaimer

We do not guarantee the accuracy, completeness, or usefulness of AI-generated content. You are responsible for reviewing all content before publication. All content posted to social media platforms is subject to your explicit approval.

13.3 Third-Party Platform Responsibility

We are not responsible for any actions taken by third-party platforms (including but not limited to TikTok, Instagram, Facebook) regarding your content, account status, or compliance with their policies. You are solely responsible for ensuring your content and account comply with each platform's terms of service and community guidelines.

13.4 Limitation of Liability

To the maximum extent permitted by law, OctoSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service, including but not limited to account suspensions, content removal, or loss of business relationships with third-party platforms.

14. Indemnification

You agree to indemnify and hold harmless OctoSpark, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms, including but not limited to claims arising from content you post to third-party platforms.

15. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Violations of these Terms
  • Violations of third-party platform terms of service
  • Illegal or harmful activities
  • Non-payment of fees
  • At our sole discretion for any reason

Upon termination, your right to use the Service will cease immediately. Unused credits are non-refundable. You remain responsible for any content posted through our Service prior to termination.

16. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, USA.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of law provisions.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

19. Contact Information

For questions about these Terms, please contact us at:

OctoSpark
Email: legal@octospark.ai
Support: support@octospark.ai

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OctoSpark regarding the use of the Service.