Last updated: 29 September 2026.
1. Provider and business customers
Octanist is provided by Octanist B.V., Turnhoutseweg 22, 5541 NX Reusel, Netherlands, registered with the Dutch Chamber of Commerce under number 42100062, VAT number NL869723182B01. Contact: support@octanist.com or +31 85 004 78 67.
The Services are offered only to customers acting in the course of a business or profession. The person accepting an order or these Terms must have authority to bind the customer organisation. “Customer” means that organisation, and “Services” means the Octanist platform and the features and add-ons included in its order.
An agreement is formed through an accepted order, subscription checkout or account acceptance process that identifies the applicable terms.
2. Documents and scope
The agreement comprises the accepted order, these Terms, the Acceptable Use and Call Tracking Fair Use Policy and, where Octanist processes personal data on the Customer's behalf, the Data Processing Agreement (DPA). The Privacy and Cookie Policies explain processing and tracking; acknowledging them does not constitute blanket consent to all processing.
Mandatory law and applicable international data-transfer clauses prevail. The DPA governs conflicts about processing personal data. An individually negotiated order prevails for other expressly agreed matters, followed by the call-specific provisions for Call Tracking, these Terms and the remaining acceptable-use provisions.
The order identifies the selected plan, features, billing period, fees and any customer-specific allowances. Availability depends on the selected features, technical requirements, supported countries and third-party services. Octanist does not guarantee advertising results, sales, uninterrupted carrier availability or attribution of every lead.
3. Accounts, agencies and authorised access
The Customer must provide accurate details, keep its billing and notice contacts current, protect credentials and API keys, and give access only to authorised users. It must promptly report suspected compromise and revoke access when authorisation ends.
An agency may resell access to the Services and manage client organisations within its agreed plan. It must have authority from each client and the appropriate agreements and privacy permissions for the processing it instructs. It must accurately represent Octanist's functionality and may not promise commitments on Octanist's behalf. This permission does not authorise trading identifiable lead or call data with unrelated parties.
The Customer is responsible for its users' and authorised agents' use of the Services. Octanist remains responsible for its own contractual obligations and acts or omissions attributable to it under applicable law.
4. Customer data, integrations, API and MCP
The Customer retains its rights in data supplied through its account. It grants Octanist the rights necessary to host, process, transmit and display that data to provide and secure the Services, subject to the DPA and documented instructions. This does not transfer ownership of customer data to Octanist or grant a general right to sell it.
The Customer determines which integrations, recipients, API applications and Model Context Protocol (MCP) clients it authorises and what permissions they receive. It is responsible for selecting recipients, establishing a lawful basis for its instructions, giving required notices, and complying with applicable recipient terms and transfer requirements.
Authorised tools can retrieve data or perform permitted actions on the Customer's behalf. Data copied to a third-party destination can remain there after access is revoked; the Customer must address deletion with that recipient. Octanist does not control independent recipients' subsequent processing. This allocation does not exclude Octanist's responsibility for its own disclosures, access controls, transfers or compliance with the DPA.
Customer-selected platforms may act as separate controllers or processors under their own arrangements. Their availability, policies and APIs can change. Octanist may adapt or discontinue an affected integration, with reasonable notice where practicable and appropriate treatment of any material reduction in paid Services.
5. Lawful collection and AI features
The Customer is responsible for the lawfulness of the data it submits and the purposes for which it uses tracking, forms, advertising integrations, call recording, transcription and AI analysis. It must obtain required permissions and inform visitors, callers, staff and other affected individuals as applicable. Rules can depend on the locations of the business and participants, the data and the processing purpose.
The Customer must not submit data it lacks authority to process, or use the Services for processing that requires safeguards or a written arrangement the parties have not established. For sensitive or regulated data, the Customer must assess the requirements and agree any additional controls needed before enabling the relevant processing.
Transcripts, summaries, field mappings and other AI-assisted outputs can contain errors or omissions. The Customer must review them before relying on them for material decisions or taking consequential actions. They are not a substitute for the source record, professional advice, or a required human assessment.
6. Fees, renewals and cancellation
Fees and taxes are specified in the order or checkout. Subscription fees are payable for the agreed billing period; usage charges apply only on the agreed basis. The Customer must maintain a valid payment method and pay undisputed amounts when due. Billing disputes should be raised promptly with enough detail to investigate them.
Unless the order says otherwise, a subscription renews for the same billing period until cancelled through the account's billing controls or by contacting support before renewal. Merely ceasing to use the Services does not cancel a subscription. Customer cancellation normally takes effect at the end of the paid period; unused time is not refunded except as expressly provided in the agreement or required by law.
Trial duration, payment requirements and any automatic conversion to a paid plan must be shown at signup or checkout. No trial charge arises merely from these Terms without the relevant commercial disclosure and authorisation.
Ordinary subscription price changes apply from a renewal and will be notified at least 30 days in advance. A notice received too late for that renewal will apply to a later renewal unless the Customer agrees otherwise. The Customer may cancel before a notified increase takes effect. A mid-period revision following a call-usage review requires agreement; otherwise Octanist may use the relevant termination provisions. These provisions do not authorise retrospective unagreed overage charges.
7. Fair use and protective restrictions
The incorporated Acceptable Use and Call Tracking Fair Use Policy governs prohibited activities, usage review and protective controls. Octanist may investigate credible indications of misuse and apply reasonably necessary, proportionate restrictions.
Where a remediable material breach occurs, Octanist will normally notify the Customer and allow 14 days to correct it, or a longer reasonable period where appropriate. The special cost-review procedure applies to legitimate call usage that becomes commercially unsustainable.
Immediate action may be taken where reasonably necessary to contain fraud, compromised credentials, unlawful use, serious harm, material service disruption, a binding provider/legal restriction, or an exceptional and rapidly accumulating call-cost exposure that cannot reasonably await the ordinary notice period. Octanist will consider a narrower feature restriction where feasible, notify the Customer as soon as reasonably possible unless legally prohibited, and review restrictions when the cause is resolved. A restriction does not itself erase customer data or establish a right to new charges.
8. Termination and exit
Octanist may terminate the agreement or an affected add-on for business reasons on at least 30 days' written notice. If the Customer has not materially breached the agreement, Octanist will refund prepaid recurring fees attributable to the unused period after termination of the affected Services. Properly incurred usage charges remain payable.
Either party may terminate for an uncured material breach after the applicable notice and cure period. Immediate termination may be justified by an irremediable serious breach or where continued performance is unlawful. Refund treatment in a breach case must follow the agreement and applicable law; the no-fault refund promise is not an automatic waiver of other rights.
Account cancellation, cessation of billing, data retrieval, deletion and telephone-number release are separate steps. The Customer should request exports and any number-porting assistance before termination. Octanist will provide a lawful, secure retrieval route subject to the DPA and applicable switching rights, including where routine login has been restricted for security reasons. A legitimate restriction on access does not justify disclosure to an unauthorised person.
When the Customer cancels its subscription, paid access continues until the end of the paid period, unless a lawful suspension or different termination arrangement applies. Cancellation does not automatically close the account, erase its history or disable installed tracking. Octanist currently retains account history without a fixed automatic expiry or routine inactivity review and continues accepting new leads from tracking and submission channels that remain enabled, so the history can be available on reactivation. This does not extend paid feature access or keep a cancelled Call Tracking add-on running.
The Customer must keep an appropriate lawful purpose, notices and permissions for any continuing collection and retention. To stop new website collection, it must remove the Octanist pixel; any API, form or integration source that continues sending leads must also be disabled. Stopping incoming submissions does not delete existing history. The organisation owner can delete the organisation through the dashboard, which removes its linked live workspace records and ends collection into that organisation. Support is available at support@octanist.com for assistance or additional deletion requests. Deleting an organisation is distinct from deleting a personal login that may belong to other organisations. Cancellation is not a waiver of deletion rights, and data may not be kept longer than lawfully necessary. The DPA continues to apply while Octanist holds or receives customer personal data.
The platform supports export of selected lead fields in CSV and XLSX formats. These exports do not necessarily include recordings, transcripts, raw forms, all session history or every other stored record. For additional data, restricted accounts, switching or deletion, contact support@octanist.com; Octanist will identify the available retrieval method and coordinate the request under the DPA and applicable law. Retained history is not a guarantee of permanent backup or preservation of every third-party recording. Organisation deletion removes the linked live workspace records. Octanist management handles cleanup of remaining customer-specific provider recordings and operational call-event records manually, without undue delay, and verifies completion. Legally retained billing records and backup copies are handled separately under the DPA and applicable law.
Tracking numbers are procured for the add-on and cancelled when Call Tracking ends. The Customer should request any transfer before cancellation or release. Octanist can assist with a transfer where carrier rules and availability allow. Any permissible assistance or carrier charge will be quoted and agreed before it is incurred; no unspecified automatic transfer fee applies. A released number may be reassigned and may no longer be recoverable.
Where Chapter VI of the EU Data Act applies, the applicable switching, continuity, retrieval and fee restrictions form part of the Customer's rights and prevail over inconsistent commercial terms.
9. Confidentiality and intellectual property
Each party must protect the other's non-public business, technical and customer information with reasonable care and use it only to perform or exercise rights under the agreement. Disclosure is permitted to personnel and service providers who need the information and are bound by appropriate confidentiality duties, or where legally required. Where lawful, the disclosing party will give notice of compelled disclosure. Public information, independently developed information and information lawfully obtained without restriction are excluded.
Octanist and its licensors retain their rights in the software, documentation and branding. The Customer receives the right to use the Services during its subscription for its authorised business purposes. No term prevents activity protected by mandatory law.
10. Logos and case studies
The Customer permits Octanist to identify it as a customer using its business name and logo in customer lists, presentations and similar factual marketing references. Octanist must follow reasonable brand guidelines and must not imply an endorsement the Customer has not given.
The Customer can opt out at any time by emailing support@octanist.com. Octanist will stop new uses and remove the reference from online materials it controls within 30 days. Previously distributed physical materials need not be recalled, but will not be reprinted with the reference after withdrawal.
Case studies, attributed testimonials, customer-specific performance figures and detailed success stories require the Customer's prior approval of the proposed content. General logo permission does not authorise disclosure of confidential information or personal data.
11. Liability
To the extent permitted by applicable law, each party is liable for direct loss attributable to its breach, subject to a total cap equal to the fees paid or payable for the affected Services in the 12 months preceding the event giving rise to the claim. If the Services have been provided for less than 12 months, the calculation covers that shorter period. Related events are treated as one event.
This period is solely a calculation method for the liability cap. It is not a minimum service period and does not delay or limit the suspension and termination rights in this agreement. Those rights apply from the start of the Services.
Subject to mandatory law, neither party is liable for indirect or consequential loss, including lost profits or opportunities. No exclusion or cap applies to fraud, intentional misconduct or deliberate recklessness of senior management, or to liability that cannot lawfully be excluded or limited. Payment obligations are not reduced by this clause.
No limitation binds data subjects or regulators, limits rights they have under applicable law, or alters responsibility that mandatory data-protection rules allocate to a party.
12. Changes, notices and governing law
Octanist will give at least 30 days' direct notice of a material proposed change to these Terms, identifying the effective date and significant changes. Where a change materially disadvantages the Customer, the notice will explain the ability to end the affected Services before it takes effect and any applicable refund. A change required sooner by law or an urgent security necessity will be communicated as soon as practicable and limited to what is needed. Changes do not retrospectively alter accrued rights.
Formal notices may be sent to the account's designated business contact and to support@octanist.com. The Customer must keep that contact current. Octanist may assign or transfer an agreement only in accordance with applicable law and any required customer cooperation or notice.
Dutch law governs the agreement. The parties will first try to resolve a dispute through their business contacts. Unless mandatory law provides otherwise, disputes are submitted to the competent court in East Brabant, Netherlands.
If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a provision on one occasion does not waive it for the future. Provisions intended to survive, including confidentiality, accrued payment rights and applicable data-protection obligations, survive termination.