OCTOBILL, INC.
Effective Date: June 19, 2026 · Version: 1.3 · Jurisdiction: United States · Governing State: Florida · Contact: legal@octobill.app
Please read these Terms of Service in full before activating your Octobill merchant account. By creating an account or using the Octobill platform, you agree to be legally bound by these Terms. If you do not agree, do not register.
Octobill, Inc. ("Octobill," "we," "us," "our") provides a business management software platform that enables merchants to create and manage subscription-based billing programs, customer loyalty programs, and recurring commerce integrations for their end customers ("Customers"). Octobill is a software platform — it is not a payment processor, money transmitter, bank, or financial institution.
By creating a merchant account on Octobill, you ("Merchant") agree to be bound by these Merchant Terms of Service ("Terms") in their entirety. These Terms supplement — and do not replace — the terms of any connected payment processor (Stripe, Square, or Shopify) or point-of-sale system (including Toast POS).
Octobill facilitates subscription billing through Stripe Connect Express, Square, or Shopify Payments. Each merchant maintains their own independent payment processor account. Octobill never receives, holds, aggregates, or transmits merchant or customer funds. Settlement goes directly to your payment processor account.
You must be at least 18 years of age to create a merchant account on Octobill. By registering, you represent and warrant that you are 18 or older and have the legal authority to enter into binding agreements on behalf of yourself or any business entity you represent.
You represent that your business is legally registered and operating in compliance with all applicable federal, state, and local laws in the jurisdiction(s) where you operate. Sole proprietors, LLCs, partnerships, and corporations are all eligible to register, provided they meet all other eligibility requirements.
As part of onboarding through a connected payment processor (Stripe, Square, or Shopify), you will be required to complete a Know Your Customer (KYC) identity and business verification process administered by that processor. Octobill does not administer KYC directly but reserves the right to suspend or terminate any merchant account if a connected processor reports failure, withdrawal, or expiration of KYC verification.
Failure to complete or maintain KYC verification with your connected payment processor will result in suspension of payment features within Octobill. Octobill is not liable for funds withheld or accounts restricted by payment processors as a result of incomplete or failed KYC.
Merchants who connect a payment processor account to Octobill — including Stripe, Square, or Shopify Payments — must independently comply with the terms of service, acceptable use policies, and all applicable guidelines of that processor. By connecting a processor account, you acknowledge and agree to the following:
Octobill accepts no liability for account suspensions, fund holds, chargebacks, or penalties imposed by any payment processor. You are responsible for monitoring and maintaining compliance with your processor's requirements at all times.
Octobill is designed for lawful service and retail businesses operating in the United States. The following categories of products, services, and subscription offerings are strictly prohibited on the platform. Any merchant found to be operating in a prohibited category will have their account suspended without notice and may be reported to the relevant payment processor and/or regulatory authority.
If your product or service falls in a regulated category (e.g., supplements, non-prescription wellness, legal CBD in your jurisdiction), contact Octobill compliance at legal@octobill.app before listing. We reserve the right to request documentation and to make a final determination on permissibility.
Octobill enables merchants to create subscription programs for their customers. The following rules apply to all subscription programs created on the platform:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCTOBILL'S AGGREGATE LIABILITY TO ANY MERCHANT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY MERCHANT TO OCTOBILL IN THE THREE (3) CALENDAR MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. OCTOBILL DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.
IN NO EVENT SHALL OCTOBILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Octobill, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your violation of these Terms; (b) your products, services, or subscription offerings; (c) your violation of any applicable law or regulation; (d) infringement of any third-party intellectual property or privacy rights; (e) any customer dispute arising from your business operations; or (f) your use of any payment processor in connection with the platform.
Octobill accepts zero liability for merchant revenue, lost profits, payment processor holds or suspensions, chargebacks, fraud losses, tax obligations, or any financial harm arising from use of the platform. All payment risk is borne by the merchant and governed by your payment processor agreement.
Octobill reserves the right to suspend or terminate any merchant account, with or without prior notice, for any of the following reasons: (a) violation of these Terms or any incorporated policies; (b) failure to maintain payment processor account standing; (c) operation in a prohibited product or service category; (d) fraudulent, deceptive, or abusive activity; or (e) any conduct that Octobill reasonably determines poses legal, reputational, or financial risk to the platform, its merchants, or its customers.
Upon termination, your access to the Octobill platform will cease immediately. Active customer subscriptions must be cancelled or migrated by the merchant within 30 days of termination notice. Octobill bears no obligation to maintain or transfer subscription data beyond 90 days of account termination.
Merchants may voluntarily terminate their account at any time by contacting support@octobill.app. Voluntary termination does not release any outstanding obligations to customers, payment processors, or third parties arising from your use of the platform.
Sections 7 (Liability), 8 (Data & Privacy), 9 (Termination), and 10 (Governing Law) shall survive the termination or expiration of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Octobill platform shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration proceedings shall be conducted in Orlando, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: You waive any right to participate in, or bring, a class action lawsuit, class-wide arbitration, or private attorney general action against Octobill. All claims must be brought in your individual capacity only.
Notwithstanding the foregoing arbitration requirement, Octobill may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or remedy irreparable harm arising from a violation of these Terms.
NOTICE OF DISPUTE: Before initiating arbitration, you must provide Octobill with written notice of the dispute at legal@octobill.app, including a description of the dispute and desired relief. The parties shall have 60 days to resolve the dispute informally before arbitration may be initiated.
Octobill reserves the right to modify these Terms at any time. Merchants will be notified of material changes via email or in-platform notice at least 14 days before the effective date of the change. Continued use of the platform after the effective date constitutes acceptance of the modified Terms.
These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between Octobill and the Merchant with respect to the subject matter hereof and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Octobill's failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer your rights or obligations under these Terms without Octobill's prior written consent. Octobill may freely assign these Terms in connection with a merger, acquisition, or sale of assets.
Octobill shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including acts of God, natural disasters, government actions, labor disputes, or failures of third-party infrastructure or payment processors.
For legal notices, compliance inquiries, or questions about these Terms, contact Octobill at: legal@octobill.app | Octobill, Inc., 924 N Magnolia Ave, Suite 202, #5283, Orlando, FL 32803.
By signing below (physically or electronically), the Merchant represents that they have read, understand, and agree to be bound by these Terms of Service in their entirety. This signature constitutes a legally binding agreement in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.