Octane Files

Terms of Use

Effective Date: July 10, 2026

These Terms of Use (these "Terms") constitute a legally binding agreement between you ("User" or "you") and Octane Files, a subsidiary of Freshdesign Interactive, Inc. ("Company," "we," "us," or "our"), governing your access to and use of the Octane Files website, application, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms from time to time as described in Section 17.

2. Description of Service

Octane Files is an artificial intelligence content generation platform operated by Octane Files, a subsidiary of Freshdesign Interactive, Inc. The Service allows Users to submit prompts, instructions, and other inputs ("Inputs") and receive content generated by artificial intelligence in response ("Output"). The Service and its features may change, be added to, or be discontinued at any time, at our sole discretion.

3. Eligibility

The Service is intended solely for individuals who are 18 years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Service is not directed to, and should not be used by, individuals under 18.

4. Accounts

Certain features of the Service may require you to register for an account. If and when account registration is required, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update such information; (c) maintain the confidentiality of your login credentials; and (d) accept responsibility for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account.

5. AI-Generated Content & Disclaimer of Accuracy

THE OUTPUT GENERATED BY THE SERVICE IS PRODUCED USING ARTIFICIAL INTELLIGENCE AND IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. AI-GENERATED OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, OR OTHERWISE UNSUITABLE FOR YOUR INTENDED PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY REVIEWING, VERIFYING, AND EVALUATING ANY OUTPUT BEFORE RELYING ON IT FOR ANY PURPOSE, INCLUDING ANY PROFESSIONAL, LEGAL, FINANCIAL, MEDICAL, OR OTHER DECISION. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY OUTPUT.

6. Intellectual Property / Ownership of Output

As between you and the Company, the Company retains all right, title, and interest in and to the Output generated by the Service, including all associated intellectual property rights.

[CONFIRM: does the user receive any license to use the output they requested, or zero rights? Default to a limited, revocable, non-exclusive license to view/use output for personal reference unless told otherwise.]

Unless otherwise agreed in writing, you receive a limited, non-exclusive, revocable, non-transferable license to view and use Output solely for your own personal, non-commercial reference. You may not sell, sublicense, distribute, or otherwise exploit Output except as expressly permitted by the Company in writing.

7. Third-Party AI Providers

The Service relies on third-party artificial intelligence providers, currently including Anthropic, Google Gemini, and Figma (each, an "AI Provider"), to generate Output. Your use of the Service is also subject to the applicable terms of service of each AI Provider. The Company is not responsible for, and disclaims all liability arising from, any outage, error, delay, inaccuracy, or other issue caused by or attributable to an AI Provider or its systems.

8. Payment Terms

The Service is currently offered free of charge, and no payment is required to use it. If and when Octane Files offers paid subscriptions or other paid features, payments will be processed by Stripe, Inc. ("Stripe"), and your use of any paid features will be subject to Stripe's terms of service in addition to any payment terms we make available to you at that time, including applicable fees, billing cycles, and refund policies. By providing payment information at that time, you authorize us (via Stripe) to charge the applicable fees to your chosen payment method.

9. Prohibited Uses

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party right;
  • Infringe or misappropriate any intellectual property, privacy, or other proprietary right of any person or entity;
  • Generate, request, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, deceptive, or fraudulent;
  • Generate content intended to impersonate any person or entity, or to mislead others as to the origin of content;
  • Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or algorithms of the Service or any AI Provider;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its systems, or its underlying infrastructure;
  • Use automated means (including bots, scrapers, or crawlers) to access the Service without our prior written consent; or
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

10. Intellectual Property in the Service Itself

The Service, including its software, design, text, graphics, logos, trademarks, and all other content provided by the Company (excluding Output), and all intellectual property rights therein, are owned by Freshdesign Interactive, Inc. or its licensors. Nothing in these Terms grants you any right, title, or interest in the Service or any of its underlying technology, except for the limited right to access and use the Service as expressly permitted by these Terms.

11. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL OUTPUT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, FRESHDESIGN INTERACTIVE, INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, Freshdesign Interactive, Inc., and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your Inputs or your use of any Output; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. You may stop using the Service at any time. Provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 5, 6, 9, 10, 11, 12, 13, 15, and 16) will survive any termination of these Terms.

15. Dispute Resolution: Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Agreement to Arbitrate.You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual action in small claims court.

(b) Class Action and Jury Trial Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

(c) Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to the address in Section 19 within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account (if any), and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor the Company will be required to arbitrate Disputes, but all other provisions of these Terms, including the class action waiver, will continue to apply to the maximum extent permitted by law.

(d) Severability. If any part of this Section 15 is found to be unenforceable, the remainder of this Section 15 will remain in full force and effect.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.

17. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will update the "Effective Date" at the top of these Terms. Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms.

18. Miscellaneous

(a) Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

(b) Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.

(c) No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

(d) Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

(e) Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

19. Contact Information

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

Octane Files
c/o Freshdesign Interactive, Inc.
130 Umbarger Road
San Jose, CA 95111
Email: info@freshdesign.com