Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the Octavvio platform, including the Octavvio website, dashboard, APIs, and all AI-generated video products (together, the "Service"), provided by Octavvio Pty Ltd (ABN 65 698 936 659, "Octavvio", "we", "us", or "our"), a company registered in Victoria, Australia.

By creating an account, purchasing a subscription, submitting a Brief, or otherwise using the Service, you ("Customer", "you", or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

This document is accompanied by, and should be read together with, our Privacy Policy and, once finalised, a Data Processing Agreement (DPA). Where these Terms defer to the Privacy Policy or the DPA for detail, that document is the authoritative source (see Section 17).

If you do not agree to these Terms, you must not access or use the Service.

The Service is designed for business use by company officers, directors, and their authorised representatives, for shareholder, board, and internal corporate communications. You must be at least 18 years old and capable of forming a binding contract to use the Service.

You are responsible for ensuring that anyone you invite to use your Octavvio workspace, and any Executive whose voice or likeness is submitted for cloning, has the authority and legal capacity to do so.

Octavvio converts a Customer-submitted Brief into a short AI-narrated Video, using a cloned voice and rendered Avatar of the nominated Executive, combined with supporting visuals and captions. Products are offered in defined word-count and duration tiers (currently up to 200 words/99 seconds, up to 360 words/3 Minutes, and up to 600 words/5 Minutes), as described in the applicable Subscription Plan.

Octavvio does not guarantee that any specific Video will be generated within a particular time, will be free of rendering artefacts, or will be suitable for every distribution channel. Platform suitability (e.g. individual social media platform duration limits) is provided as guidance only and may change as third-party platforms change their own rules.

You must provide accurate, current, and complete information when creating an account and keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must notify us promptly at pk@octavvio.com of any unauthorised use of your account or any other breach of security.

Octavvio offers multiple Subscription Plans (including Pay-As-You-Go, Pro, Silver, Gold, and Corporate tiers), each with a defined number of Videos, word/duration limits, and included Avatars, as set out on the pricing page applicable to your billing region and currency at the time of purchase.

Fees are billed in advance via our payment processor (Stripe) in the currency shown at checkout for your billing region. Annual plans renew automatically at the then-current price unless cancelled prior to the renewal date. Unused Video credits do not roll over between billing periods unless expressly stated on the applicable plan.

Price changes: Octavvio will give at least 30 days' notice, by email or dashboard notice, before a price increase takes effect on renewal of an annual or recurring Subscription Plan. Continued use of the Service after the effective date constitutes acceptance of the new price; you may cancel before the renewal date to avoid the change.

All fees are exclusive of applicable taxes (including GST, VAT, or equivalent) unless stated otherwise. You are responsible for any such taxes other than taxes on Octavvio's net income.

Except as required by law or expressly stated in these Terms, fees are non-refundable, including where a Customer does not use their full allocation of Videos in a billing period. This position does not apply to the extent it would constitute an unfair contract term under the Australian Consumer Law, particularly in combination with automatic renewal; Octavvio will refund fees where required by that law.

UK and EU consumer cooling-off right: where you are purchasing as a consumer (not in a business capacity) located in the United Kingdom or the European Union, you have a 14-day right to withdraw from a purchase without giving a reason, under the UK Consumer Contracts Regulations 2013 and the EU Consumer Rights Directive 2011/83/EU. This right does not apply once you have expressly requested that Octavvio begin generating Videos during the 14-day period and acknowledged that doing so ends your right to withdraw. This clause applies only to consumer purchases; the non-refundable position above continues to apply to business (B2B) purchases.

Where offered, a Trial permits a limited number of Videos on a single Subscription Plan, once per Customer, at the price and word/duration limit shown at checkout. Octavvio reserves the right to limit, modify, or discontinue trial offers, and to take reasonable steps (including payment-method verification) to prevent trial abuse.

Creating a Voice Clone or Avatar involves processing an Executive's voice recording and/or image, which may constitute Biometric Data or special-category personal data under applicable law (including the EU/UK GDPR, the Australian Privacy Act 1988, the New Zealand Privacy Act 2020 and Biometric Processing Privacy Code, Illinois BIPA, and comparable laws in other markets where the Service is offered).

You must not use the Service to:

Where a Video is used for shareholder, investor, or market communications, the Customer is solely responsible for ensuring the content complies with its own regulatory obligations, including (as applicable):

Octavvio applies technical and organisational security measures appropriate to the sensitivity of the data it processes, including encryption in transit and at rest, role-based access controls and row-level security, staff vetting and confidentiality obligations, and contractual security obligations imposed on every Sub-processor, consistent with Australian Privacy Principle 11. Full detail is set out in our Privacy Policy (Section 10), which forms part of these Terms.

If Octavvio becomes aware of a data breach affecting your data, we will notify you without undue delay, consistent with the Notifiable Data Breaches scheme under the Australian Privacy Act (notifying the OAIC and affected individuals where required) and, where the GDPR or UK GDPR applies, within 72 hours under GDPR Article 33. Full detail of our breach notification process, including what a notice will contain, is set out in our Privacy Policy (Section 11).

Octavvio retains Customer Content, Voice Clones, Avatars, Videos, account records, and billing records for the periods set out in our Privacy Policy (Section 13), which range from deletion of raw reference recordings within 14 days of successful model creation, through to multi-year retention of billing records for tax purposes.

Data export window: on termination or closure of your account, you have 30 days to export or download your Videos and Brief content before Octavvio deletes them in accordance with the schedule in Privacy Policy Section 13. See also Section 24 (Term, Suspension and Termination).

For account, billing, and website data, Octavvio acts as controller (APP entity). For Biometric Data and Customer Content submitted to generate a Video, Octavvio acts as a processor on the Customer's instructions, save for the direct consent relationship Octavvio holds with each Executive under Section 8. Full allocation by data category, including who is responsible for handling a given data subject request, is set out in Privacy Policy Section 3.

Octavvio relies on third-party Sub-processors to deliver the Service, currently including providers for voice cloning and text-to-speech, avatar rendering, video assembly, cloud storage, payment processing, and transactional email. Octavvio's current Sub-processors, together with the country in which each primarily processes data (as required by Australian Privacy Principles 5 and 8), are listed in our Privacy Policy (Section 8) and on our Trust Page.

Your Customer Content, including voice recordings and images submitted for cloning, is transmitted to these Sub-processors in order to generate Videos. Each Sub-processor's own terms and data-processing commitments apply to their processing of that data, and Octavvio contracts with each Sub-processor on terms consistent with applicable data protection law.

Octavvio processes personal data, including Biometric Data, in accordance with our Privacy Policy and, once finalised, a DPA available on request. Depending on your billing region, this may include obligations under the EU/UK GDPR, the Australian Privacy Act 1988 (including the Australian Privacy Principles), the New Zealand Privacy Act 2020, Singapore's Personal Data Protection Act, India's Digital Personal Data Protection Act 2023, and applicable US state privacy and biometric laws.

Where the EU AI Act applies to your use of the Service, Octavvio delivers the Article 50 transparency obligation via a visible on-screen label on each Video identifying it as AI-generated, together with C2PA-compliant provenance metadata embedded in the file. Where you are the 'deployer' of a Video within the meaning of the EU AI Act (i.e. you distribute it to an audience), responsibility for ensuring the disclosure required by Article 50(4) actually reaches that audience rests with you; Octavvio's on-screen label and metadata are provided to support, not replace, that obligation.

Full details of what personal data we collect, why, how long we retain it, and your rights, are set out in our Privacy Policy, which forms part of these Terms.

Videos are generated using third-party AI models. While Octavvio takes reasonable steps to maintain quality, AI-generated voice, likeness, and captions may occasionally contain inaccuracies, mispronunciations, or visual artefacts. You are responsible for reviewing each Video before distribution and for ensuring its content is accurate and appropriate for its intended audience.

Where required by law or platform policy, you are responsible for disclosing that a Video contains AI-generated or synthetic media. See Section 17 for how Octavvio labels AI-generated content and how that disclosure obligation is allocated between Octavvio and the Customer.

Each party will keep confidential any non-public information disclosed by the other party in connection with the Service, and use it only to perform its obligations or exercise its rights under these Terms, except where disclosure is required by law.

A Customer or Executive may request access to, correction of, or deletion of their personal information, including a Voice Clone or Avatar, by contacting our Privacy Officer at privacy@octavvio.com. We will respond within 30 days, consistent with Australian Privacy Principles 12 and 13 and comparable timeframes under other applicable law. Full detail of these rights by jurisdiction is set out in Privacy Policy Sections 14 and 16.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

To the maximum extent permitted by law, Octavvio's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort, or otherwise, is limited to the amount paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim.

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages.

The twelve-month cap above does not apply to: (a) your indemnification obligations under Section 23; (b) a breach of Section 8 (Biometric Data, Voice Cloning and Avatar Consent), including submission of a non-consented recording or likeness; or (c) a breach of Section 19 (Confidentiality). Liability arising from those matters is not subject to that cap.

Nothing in this Section 22 limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be limited or excluded.

You agree to indemnify and hold Octavvio harmless from any claims, losses, or liabilities (including reasonable legal fees) arising from: (a) Customer Content you submit, including any failure to obtain required consent from an Executive; (b) your breach of these Terms; or (c) your use of a Video in a manner that infringes the rights of, or causes harm to, a third party. For Octavvio's corresponding indemnity to you in relation to Octavvio-originated intellectual property in a Video, see Section 9.4.

These Terms apply from the date you first access the Service until your account is closed. Either party may terminate a Subscription Plan in accordance with its stated notice period, or immediately for a material breach that is not cured within 14 days of written notice.

Octavvio may suspend access immediately, without notice, where reasonably necessary to prevent harm, comply with law, or address a suspected breach of Section 10 (Acceptable Use) or Section 8 (Biometric Data).

Appeal or review of suspension: where Octavvio suspends your access under this Section, you may request review by writing to pk@octavvio.com within 14 days, setting out why you consider the suspension unwarranted. Octavvio will respond within 5 business days and will lift the suspension if satisfied the underlying concern has been resolved or did not warrant suspension.

On termination, your right to use the Service ends, and Octavvio will delete or de-identify Customer Content, Voice Clones, and Avatars in accordance with the retention periods in our Privacy Policy (Section 13), except where retention is required by law. See Section 14 for the 30-day data export window.

The following Sections survive termination or expiry of these Terms: Section 2 (Definitions, to the extent needed to interpret surviving provisions), Section 9 (Customer Content and Intellectual Property), Section 14 (Data Retention and Deletion, governing the wind-down period), Section 19 (Confidentiality), Section 22 (Limitation of Liability), Section 23 (Indemnification), Section 27 (Governing Law and Dispute Resolution), and this Section 25.

Octavvio may update these Terms from time to time. Material changes will be notified via the dashboard or by email at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Octavvio may modify, add to, or discontinue features of the Service, provided that any material reduction in a paid Subscription Plan's core functionality will be notified in advance.

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-law principles, unless mandatory local consumer protection law in your billing region requires otherwise.

The parties will first attempt to resolve any dispute through good-faith negotiation. If unresolved within 30 days, either party may pursue the dispute before the courts of Victoria, Australia, subject to any mandatory jurisdiction rights available to consumers under local law.

Notices under these Terms must be given in writing. Notices to Octavvio must be sent to pk@octavvio.com (general enquiries) or privacy@octavvio.com (privacy-specific), or by post to Octavvio Pty Ltd, Caulfield North, VIC 3161, Australia. Notices to the Customer will be sent to the email address or postal address associated with the Customer's account.

A notice sent by email is deemed received on the next business day after sending, unless the sender receives a delivery-failure notification. A notice sent by post is deemed received 5 business days after posting within Australia, or 10 business days after posting internationally.