OCTANT by MotionFoxx
Terms of Service
These Terms of Service (the “Terms”) form a binding agreement between you and MotionFoxx of Sri Lanka (“MotionFoxx”, “we”, “us”) for your use of OCTANT, including its website, web application, offline copy and related services (together, the “Service”). By accepting these Terms, creating an account or using the Service, you agree to them. If you use the Service for an organisation, you confirm that you are authorised to bind it, and “you” includes that organisation.
1. The Service
OCTANT is professional screenwriting and pre-production software. It runs in your web browser and stores your scripts and production documents on your own device. We do not receive, host or back up your scripts.
2. Membership and accounts
Access is by invitation and is personal to the named member. You must be at least 18 years old, or the age of majority where you live. You agree to give accurate details, to keep your passkeys, sign-in codes and devices secure, and to tell us promptly if you believe your account has been used without permission. Each invitation, sign-in or renewal code works once and may expire. An account may be signed in on up to 3 devices at a time.
You may not share, sell or transfer your account, codes or access, or let anyone else use the Service through your account.
3. Licence
Subject to these Terms and to an active membership, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own creative and professional work for the length of your membership. The Service, including its software, source code, design, layouts, text and trade marks, is owned by MotionFoxx and its licensors and is protected by copyright and other laws. All rights not expressly granted are reserved.
4. Restrictions
You must not, and must not help anyone else to: copy, reproduce, mirror, frame or redistribute the Service or any part of its code; decompile, reverse engineer, disassemble or attempt to derive its source code, except to the limited extent the law expressly permits despite this restriction; modify, adapt or create derivative works of the Service; remove or alter any notice of ownership; circumvent, disable or interfere with sign-in, membership checks, access controls or security features; use the Service to build or train a competing product; or use the Service unlawfully or to infringe anyone’s rights.
5. Your work
You own the scripts, story material and documents you create with the Service (“Your Work”). We claim no rights in Your Work. Because Your Work is stored only on your devices, you are responsible for keeping it safe, including saving backups. Browsers can delete stored data, for example when storage is cleared, a device is lost or a browser removes data from websites that have not been visited for some time. We recommend saving regular backups and installing OCTANT as an app on devices that support it.
6. Offline use and membership checks
The Service works offline. When your device is online, the Service confirms your membership with our server; this check sends your account and device details, never Your Work. If your device cannot confirm your membership for 30 days, the Service stops for editing until it is next online. If your membership is paused, ends or is closed, editing stops at the next check.
7. Access to your work after access ends
Whatever the state of your membership, you will always be able to save the scripts stored on your device as files, including Final Draft, Fountain and backup files, and nothing stored on your device is deleted by us.
8. Fees and access periods
Membership may be granted for a set period or without an end date, as shown in your account. Where you pay for membership, the price, period and any refund terms are those agreed at the time of purchase. Nothing in these Terms affects any rights you have under consumer protection law that cannot be excluded.
9. Suspension and termination
You may stop using the Service at any time and may ask us to close your account. We may pause, restrict or end your access, with notice where reasonable, if you breach these Terms, if required by law, or to protect the Service, other members or us. When access ends, the licence in section 3 ends, and section 7 continues to apply.
10. Changes to the Service and these Terms
We may improve, change or withdraw features. We may update these Terms; each version is numbered and dated. If a change is material, we will ask you to accept the new version before you continue to use the Service.
11. Accuracy
Page counts, eighths, running times and schedules are calculated estimates intended to follow industry conventions. They may differ from other software and should be checked before they are relied on for budgeting, scheduling or contractual purposes.
12. Disclaimer
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and uninterrupted or error-free operation.
13. Limitation of liability
To the fullest extent permitted by law, MotionFoxx will not be liable for any indirect, incidental, special or consequential loss, or for loss of data, profits, revenue or goodwill, arising from your use of the Service. Our total liability for all claims relating to the Service is limited to the amount you paid us for the Service in the twelve months before the claim arose. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
14. Indemnity
You agree to compensate MotionFoxx for reasonable losses and costs arising from your breach of sections 2 or 4, or from Your Work infringing the rights of others.
15. Governing law
These Terms are governed by the laws of Sri Lanka. The courts of Colombo, Sri Lanka have jurisdiction, without affecting any right you may have to bring proceedings in the courts of the country where you live.
16. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a right is not a waiver of it. You may not assign these Terms; we may assign them to a successor to our business. These Terms, with the Privacy Policy, are the entire agreement between you and us about the Service.
17. Contact
MotionFoxx, Sri Lanka. Email: milindafoxx@gmail.com.