End-User License Agreement

Definitions

In this Agreement:

• Software means the Octeth email and SMS marketing platform, including its source code, object code, documentation, updates, and any plugins or components we make available to you under this Agreement.
• License means the perpetual right to use the Software granted to you under this Agreement, as evidenced by your purchase (or, for the free tier, your acceptance of the Community License terms below).
• Production Instance means a single live installation of the Software used to operate your business.
• End-Clients means the customers, brands, or tenants you serve from within your installation of the Software.
• Subscriber Data means the contacts, lists, message content, and related data that you and your End-Clients process using the Software, all of which resides on your own infrastructure.
• Service Package means an optional paid plan for ongoing product updates and technical support after the initial included period.

Acceptance & The License

By downloading, installing, or using the Software, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these terms, do not download, install, or use the Software.

The Software is licensed, not sold. You acquire a license to use the Software; you do not acquire ownership of the Software itself. Subject to your compliance with this Agreement, the License is perpetual — it does not expire and is not subject to a recurring license fee.

License Grant

Subject to your payment of the applicable one-time license fee and your compliance with this Agreement, Octeth grants you a perpetual, worldwide, non-exclusive, non-transferable (except as set out below) license to install and operate the Software as follows:

• One Production Instance per license, operated by you (the licensed entity).
• Non-production copies — you may run reasonable additional copies of the Software for staging, development, testing, and backup purposes that support your Production Instance, provided they are not used for live commercial sending.

Additional Production Instances require additional licenses. If your deal specifies a different number of instances or servers, that written specification controls.

What You May Do

Under your License, you may:

• White-label the Software. Rebrand all customer-facing elements — including the login, dashboard, reports, transactional emails, client portals, and custom domains — as your own product. Your End-Clients need never see the Octeth name.
• Serve unlimited End-Clients. Operate unlimited lists, users, tenants, and End-Clients from your Production Instance, with no per-subscriber, per-send, or per-client fee owed to Octeth.
• Modify the source code for your own use. Where the Software is delivered as source code, you may modify and customize it for use within your own installation. Modifications are made at your own risk and are not supported by Octeth unless separately agreed.
• Extend the Software. Build plugins, integrations, and custom workflows using the plugin and hook system and the REST API.
• Choose your own sending infrastructure. Connect the Software to any email or SMS provider you choose. Sending costs are paid by you directly to your chosen provider at their rates.

What You May Not Do

Except as expressly permitted above or required by applicable law, you agree that you will not, and will not permit any third party to:

• Redistribute, resell, sublicense, rent, lease, or lend the Software itself as a standalone product, or otherwise make the Software (in source or object form) available to third parties as software. Serving End-Clients with the functionality of the Software is permitted; distributing the Software to them is not.
• Transfer or assign the License to another person or entity without Octeth's prior written consent. We will not unreasonably withhold consent for a genuine transfer (for example, a sale of your business), provided the receiving entity agrees in writing to this Agreement.
• Remove, alter, or obscure any copyright, license, attribution, or other proprietary notice contained within the source code or documentation. (This is separate from, and does not limit, your right to rebrand the customer-facing user interface as described above.)
• Use the Software to develop a competing product intended to be distributed or sold as software to third parties.
• Use the Software unlawfully, or in a way that infringes the rights of others or violates this Agreement.

Community License

Octeth offers a free Community License for evaluation and ongoing use at a smaller scale. The Community License is governed by this Agreement, with the following specific terms:

• No license fee. The Community License is free and requires no credit card.
• Subscriber limit. Use is limited to up to 10,000 subscribers in total across your installation.
• Full features, commercial use permitted. You receive full platform functionality and may use the Software for commercial purposes within the subscriber limit.
• Community support only. The Community License does not include the technical support, training, migration, guaranteed updates, or service-level commitments available with a paid license or Service Package. Support is provided on a community, best-effort basis only.
• Provided "as is." The Community License is provided without any warranty, as further described in the Disclaimer of Warranties below. The 30-day money-back guarantee does not apply (there is no fee to refund).

If your usage exceeds the Community License limits or you require supported commercial use, a paid perpetual license is required.

Ownership & Intellectual Property

The Software and all copies of it, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights in it, are and shall remain the sole and exclusive property of Octeth and its licensors. This Agreement grants you only the License described above and does not transfer any ownership rights to you.

Any modifications you make to the source code for your own use, and any plugins or integrations you build, are yours to the extent they are separable from and do not incorporate Octeth's underlying intellectual property; the underlying Software remains owned by Octeth.

Subscriber Data and the content you and your End-Clients create and process using the Software belong to you and your End-Clients. Octeth claims no ownership of, and asserts no rights over, your Subscriber Data.

Updates, Support & Service Packages

A standard paid perpetual license includes, for 12 months from purchase: product updates, technical support, the agreed number of training sessions, and migration assistance from your previous platform, as described at the time of purchase.

After the initial 12-month period, continued product updates and technical support are available through an optional annual Service Package. The Software remains fully functional and licensed to you whether or not you purchase a Service Package; a lapsed Service Package affects only your access to new updates and support, not your perpetual right to use the version you have.

Octeth is not obligated to provide any particular future feature, and may modify or discontinue features in future releases. Service Packages are billed in advance for each annual term and are governed by the Refund Policy.

Temporary Access & Confidentiality

Octeth does not host your installation and does not have standing access to your Production Instance or your Subscriber Data. From time to time — for example, during installation, migration, or a support request — you may choose to grant Octeth temporary access to your environment.

Where you grant such access, Octeth will: (a) access your environment and any Subscriber Data only as reasonably necessary to perform the requested work; (b) treat such information as confidential; (c) not use it for any purpose other than performing the requested work; and (d) not retain it after the work is complete, except as required by law. You are responsible for granting access at the appropriate scope and for revoking it when the work is done.

Your Use, Data & Compliance

Because the Software is self-hosted, you control how it is configured and used, what messages are sent, and how Subscriber Data is collected, stored, and processed. You are solely responsible for:

• Compliance with all laws applicable to your sending and data practices, including anti-spam laws (such as the U.S. CAN-SPAM Act, Canada's CASL, and similar laws) and data-protection laws (such as the GDPR, UK GDPR, and CCPA/CPRA).
• Obtaining all required consents from, and providing all required notices and opt-out mechanisms to, your subscribers and your End-Clients' subscribers.
• The security, backup, availability, and lawful operation of the servers and infrastructure on which you install the Software.
• The acts and omissions of your End-Clients and users.

For clarity, with respect to Subscriber Data, you (and not Octeth) act as the data controller, and Octeth is neither the controller nor a processor of your Subscriber Data, because that data never reaches Octeth's systems.

Feedback

If you send us feedback, suggestions, or ideas about the Software, you grant Octeth a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback into our products and services without obligation or compensation to you. You are not required to provide feedback.

Term & Termination

Your License is perpetual and remains in effect unless terminated as described here. Octeth may terminate this Agreement and your License if you materially breach it and fail to cure the breach within 30 days after we notify you in writing. You may terminate this Agreement at any time by ceasing all use of the Software and deleting all copies.

Upon termination for breach, you must stop using the Software and delete all copies in your possession or control. The 30-day money-back guarantee described in the Refund Policy is separate from, and not affected by, this termination right. Sections of this Agreement that by their nature should survive termination — including Ownership & Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will survive.

Disclaimer of Warranties

The Software is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Octeth disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Octeth does not warrant that the Software will meet your requirements, achieve any particular result, be compatible with any specific environment, operate without interruption, or be error-free or free of harmful components.

Self-hosted software — your infrastructure is your responsibility. Because you install and operate the Software on your own servers and infrastructure, Octeth is not responsible and accepts no liability for any damage to, loss of, corruption of, or unavailability of your servers, systems, data, or business arising out of or relating to the installation, configuration, modification, or use of the Software. You are responsible for maintaining appropriate backups, security measures, and disaster-recovery procedures.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case they apply to the greatest extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, Octeth's total cumulative liability arising out of or relating to this Agreement or the Software will not exceed the total amount you paid to Octeth in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event will Octeth or its suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to this Agreement or the Software, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not fully apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Octeth and its members, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Software; (b) your messages, Subscriber Data, or sending practices; (c) the acts or omissions of your End-Clients or users; or (d) your breach of this Agreement or violation of any law or third-party right.

Export & U.S. Compliance

You represent and warrant that you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and sanctions laws in your use of the Software.

Governing Law

This Agreement is governed by the laws of the State of Wyoming, United States, excluding its conflict-of-law rules. You agree that any dispute arising out of or relating to this Agreement or the Software will be brought exclusively in the state and federal courts located in the State of Wyoming, and you consent to the personal jurisdiction of those courts. Your use of the Software may also be subject to other local, state, national, or international laws.

Changes & Entire Agreement

Octeth may modify this Agreement for future releases of, or licenses to, the Software. Changes do not retroactively reduce the perpetual rights already granted for the version you have licensed. If a change is material, we will make reasonable efforts to provide notice. Your continued use of the Software after a change takes effect constitutes acceptance of the revised Agreement.

This Agreement, together with any written purchase terms and the policies referenced in it, constitutes the entire agreement between you and Octeth regarding the Software and supersedes all prior or contemporaneous agreements on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.

Contact Us

If you have any questions about this Agreement, you can contact us:

By email: [email protected]

By mail: 50SAAS LLC (d/b/a Octeth), 1021 E Lincolnway, Suite #5645, Cheyenne, Wyoming 82001, United States