Terms of Use

1. Introduction and Your Relationship with Us

These Terms of Use (“Terms”) govern your access to and use of the products, services, and platform (collectively, the “Services”) provided by the operator of octok.com (“Octok”, “we”, “us”, or “our”), a company incorporated in Singapore.

Octok is an AI-powered platform that assists businesses in developing market entry strategies for international expansion (commonly referred to as “going global” or “出海”). The Services may include AI-generated analysis, market research, team assembly recommendations, and connections to third-party expert service providers (the “Expert Network”). Octok is not a law firm, accounting firm, tax advisory firm, or licensed professional services provider of any kind. Use of the Services does not create any professional-client relationship between you and Octok.

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

The Services are not intended for use by individuals located in jurisdictions where such use would be prohibited by applicable law. You are responsible for ensuring that your use of the Services complies with all laws applicable to you.

3. Your Account

3.1 Account Creation

To access the Services, you must create an account through the available authentication methods on the platform. When you create an account, you authorise us to collect and process the account information you provide or that is made available through your chosen authentication method, such as your name, email address, and profile information. We do not store your third-party authentication passwords.

3.2 Account Responsibilities

You are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Termination by You

You may request deletion of your account at any time by contacting us at support@elevatesphere.com or through available platform features. Upon account deletion, we will process your request in accordance with our Privacy Policy and applicable legal requirements.

4. The Services

4.1 Description

Octok provides a platform that may include AI-powered analysis, market research, strategic recommendations, and other outputs (“AI Outputs”). The Services may be modified, updated, or changed at any time. The specific features, functionalities, and capabilities of the Services may vary and are provided at Octok’s sole discretion.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, for any reason or no reason, and with or without notice, at our sole and absolute discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4.3 Service Availability

We do not guarantee that the Services will be available at all times or without interruption. The Services are provided on an “as available” basis. We do not offer any Service Level Agreement (“SLA”) guarantees.

5. AI Services and Output Disclaimers

THIS SECTION IS PARTICULARLY IMPORTANT. PLEASE READ IT CAREFULLY.

5.1 Nature of AI Outputs

AI Outputs are generated by artificial intelligence systems and may be inaccurate, incomplete, outdated, or otherwise unreliable. AI systems may produce different results for the same or similar inputs at different times. Octok does not guarantee the accuracy, completeness, timeliness, or reliability of any AI Output.

5.2 No Professional Advice

AI Outputs constitute general business information and market research. They do not constitute professional advice of any kind — including legal, tax, financial, immigration, or regulatory advice — and are not tailored to your specific legal or regulatory circumstances. You should consult appropriately qualified professionals before making decisions based on AI Outputs.

5.3 Independent Verification

You acknowledge and agree that you are solely responsible for evaluating and independently verifying AI Outputs before relying on them for any purpose. This includes, without limitation, decisions relating to company incorporation, market entry, hiring, regulatory filings, or contractual arrangements in any jurisdiction. Octok expressly disclaims any liability for decisions made or actions taken based on AI Outputs.

5.4 No Endorsement

The provision of AI Outputs does not constitute an endorsement, recommendation, or guarantee by Octok of any particular course of action, business strategy, market, jurisdiction, or service provider.

5.5 Third-Party LLMs

The Services utilise third-party LLMs and other AI services to generate AI Outputs. Your data, including Inputs and any other information you provide, may be transmitted to and processed by third-party providers. Octok disclaims all responsibility for the processing practices, security, or data protection measures of any third-party provider. Your use of the Services constitutes your acceptance of such third-party processing.

6. User Content

6.1 Your Inputs

You retain all rights in the data, information, files, URLs, and other content you submit to the Services (“Inputs”). By submitting Inputs, you grant Octok a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, process, store, reproduce, modify, adapt, and transmit your Inputs for the purpose of providing, improving, and developing the Services, including transmitting Inputs to third-party service providers as necessary.

6.2 AI Outputs

Subject to your compliance with these Terms and applicable law, and to the extent permitted by law, you may use the AI Outputs generated for you through the Services for your own purposes. You acknowledge that:

1. AI Outputs may not be unique, and other users may receive similar or identical outputs;
2. AI Outputs may not be protectable under intellectual property laws in all jurisdictions; and
3. Octok makes no representation that AI Outputs do not infringe third-party rights.

6.3 Model Training

We may use your Inputs, AI Outputs, and other usage data to train, fine-tune, improve, or develop AI models and the Services. You grant us a perpetual, royalty-free licence for such purposes. If you do not wish for your data to be used for model training, you may contact us at support@elevatesphere.com to opt out, and we will use commercially reasonable efforts to accommodate your request.

6.4 Prohibited Content

You agree not to submit any Inputs that:

1. violate any applicable law or regulation, including sanctions, export controls, or anti-money laundering laws;
2. infringe the intellectual property rights or other rights of any third party;
3. contain malicious code, viruses, or other harmful components;
4. are intended to circumvent trade restrictions, evade sanctions, or facilitate illegal market entry activities;
5. contain misleading or fraudulent business information; or
6. are used to gather competitive intelligence through unauthorised means.

7. Expert Network Services

7.1 Platform Role

Octok may provide access to a network of third-party professional service providers, consultants, and advisors (the “Expert Network”). In connection with the Expert Network, Octok acts solely as a platform and intermediary. Octok does not itself provide any professional services through the Expert Network. Octok does not vet, credential, or guarantee the licensing status or professional qualifications of any Expert Network member. You are responsible for independently verifying the credentials and suitability of any expert before engaging their services.

7.2 Independent Engagement

Any engagement between you and an Expert Network member is a separate contractual relationship between you and that member. Expert Network members are independent third parties, not employees, agents, or subcontractors of Octok. You may be required to enter into a separate engagement agreement directly with the relevant Expert Network member.

7.3 No Responsibility for Expert Services

Octok does not endorse, guarantee, or assume any responsibility for the quality, accuracy, timeliness, legality, or suitability of any advice, services, or work product provided by Expert Network members. Octok is not liable for any acts, omissions, errors, or negligence of any Expert Network member.

7.4 Data Sharing with Experts

If you elect to engage an Expert Network member through the platform, certain information from your account and AI Outputs may be shared with that member to facilitate the engagement. You will be notified of the specific data to be shared and asked to consent before any such sharing occurs. For details, please refer to our Privacy Policy.

8. Payment and Subscriptions

8.1 Fees

Certain features of the Services may require payment of fees. The applicable fees will be displayed to you before you incur any charge. All fees are quoted in SGD unless otherwise specified.

8.2 Payment Processing

Payments are processed by third-party payment processors (such as Stripe or PayPal). Octok does not store your payment card information. Your use of payment processing services is subject to the terms and privacy policies of the relevant payment processor.

8.3 Subscription and Renewal

If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through the platform or by contacting us at support@elevatesphere.com.

8.4 Refunds

All fees are non-refundable under any circumstances, except where expressly required by mandatory applicable law. Octok shall have no obligation to provide any refund, credit, or compensation for any reason, including but not limited to unused subscription periods, service interruptions, or account termination.

9. Intellectual Property

9.1 Our Ownership

Octok and its licensors retain all right, title, and interest in and to the Services, including all software, algorithms, models, interfaces, designs, trademarks, and other intellectual property embodied in or related to the Services. Nothing in these Terms grants you any right to use Octok’s trademarks, logos, or branding without our prior written consent.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate the Feedback into the Services without any obligation to you.

9.3 Infringement Reports

If you believe that any content on the Services infringes your intellectual property rights, please contact us at legal@elevatesphere.com with a description of the alleged infringement.

10. Third-Party Services

The Services integrate with and rely on third-party services, including but not limited to:

1. Third-party LLM providers for AI processing;
2. Third-party authentication providers;
3. Cloud infrastructure providers (Amazon Web Services); and
4. Payment processors (when implemented).

Your use of any third-party service is subject to that third party’s own terms and conditions and privacy policies. Octok is not responsible for any third-party service and makes no warranty regarding the availability, accuracy, or reliability of any third-party service.

11. Indemnification

You agree to indemnify, defend, and hold harmless Octok, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs of investigation) arising out of or in any way connected with:

1. your use of or access to the Services;
2. your violation of these Terms;
3. your violation of any applicable law or regulation; or
4. your Inputs or any content you submit through the Services.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, OCTOK DOES NOT WARRANT THAT:

1. the Services will meet your requirements or expectations;
2. the Services will be uninterrupted, timely, secure, or error-free;
3. AI Outputs will be accurate, complete, reliable, or suitable for any particular purpose; or
4. any defects in the Services will be corrected.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANY LOSSES ARISING FROM YOUR RELIANCE ON AI OUTPUTS WITHOUT OBTAINING INDEPENDENT PROFESSIONAL ADVICE, OR ANY OTHER INTANGIBLE LOSSES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, EVEN IF OCTOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

13.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCTOK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED FIFTY SINGAPORE DOLLARS (SGD 50).

13.3 Basis of the Bargain

You acknowledge that the limitations of liability in this section are an essential element of the bargain between you and Octok, and that Octok would not provide the Services without these limitations.

14. Termination

14.1 Termination by You

You may stop using the Services and request account deletion at any time by contacting us at support@elevatesphere.com.

14.2 Termination by Us

We may suspend or terminate your access to the Services at any time, for any reason or no reason, and with or without notice, at our sole and absolute discretion. We shall not be liable to you or any third party for any such suspension or termination.

14.3 Effect of Termination

Upon termination of your account for any reason: (a) your right to access and use the Services will immediately and automatically cease; (b) we may delete, retain, or dispose of your data at our sole discretion; (c) you shall have no right to any refund of fees paid; and (d) any provisions of these Terms that by their nature should survive termination will continue in full force and effect, including Sections 5, 6, 9, 11, 12, 13, and 17.

15. Changes to These Terms

We may update these Terms at any time and for any reason at our sole discretion. Updated Terms will be effective immediately upon posting on our website. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms regularly. If you do not agree to the updated Terms, your sole remedy is to stop using the Services.

16. General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles.

16.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC for the time being in force (the “SIAC Rules”). The seat of arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. Notwithstanding the foregoing, Octok reserves the right, at its sole discretion, to elect to bring any dispute before the courts of the Republic of Singapore, in which case you irrevocably submit to the exclusive jurisdiction of such courts.

16.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Octok regarding the Services and supersede all prior agreements, understandings, and communications.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

16.5 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not constitute a waiver of such right.

16.6 Assignment

You may not assign, transfer, or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign, transfer, or delegate these Terms or any of our rights or obligations without restriction or notice to you.

16.7 Force Majeure

Octok shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, government actions, or failures of third-party services.

16.8 Language

These Terms may be made available in multiple languages. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.

16.9 Contact Us

If you have any questions about these Terms, please contact us at:

17. User Compliance with Local Laws

17.1 Your Responsibility

You are solely responsible for ensuring that your access to and use of the Services complies with all applicable laws, regulations, and requirements in your jurisdiction, including but not limited to data protection laws, cross-border data transfer requirements, export controls, and any other regulatory requirements. Octok makes no representation that the Services are appropriate or available for use in any particular jurisdiction.

17.2 Data Protection Compliance

If you are subject to data protection laws in your jurisdiction (such as the GDPR, PIPL, PDPA, or similar legislation), you acknowledge that you are responsible for ensuring your use of the Services complies with such laws. You should consult the Privacy Policy and seek independent legal advice if you have questions about your obligations.