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Octopoda Terms of Service

Questions? Email support@auxilian.co. See also the Privacy Policy.

Version 1.0. Last revised: November 5, 2026

Octopoda is owned and operated by Auxilian Technologies, Inc. ("Auxilian," "us," "our," or "we"). Octopoda includes the website at octopoda.dev and its documentation, the web app at app.octopoda.dev, the octopoda command-line tool and its MCP server, the Octopoda GitHub App, and the related APIs (together, the "Service"). Certain features of the Service may be subject to additional guidelines or rules posted on the Service, which are incorporated by reference into these Terms.

These Terms of Service ("Terms") govern your use of the Service. By accessing or using the Service, or by clicking "Continue with GitHub" (or a similar button or checkbox) when that option is presented to you, you agree to these Terms on behalf of yourself or the entity you represent, and you confirm that you have the authority to do so. You must be at least 18 years old to use the Service. The Service is not offered in the European Economic Area, the United Kingdom or Switzerland, and you may not use it from there. If you do not agree to these Terms, do not use the Service.

IMPORTANT. PLEASE READ SECTION 16 CAREFULLY. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as described in Section 16.

1. Accounts

  1. Creating an account. You sign in to the Service with a GitHub account. Each person who signs in has a personal account; a team is an account that several people belong to. You agree that the information associated with your account is accurate and that you will keep it current. You can delete your account at any time in Settings. We may suspend or terminate your account as described in Section 13.
  2. Account security. You are responsible for keeping your GitHub account, web sessions and command-line tokens secure, and for all activity that occurs under your account. You can sign devices out in Settings. If you believe your account has been accessed without your authorization, notify us immediately at support@auxilian.co. We are not liable for any losses resulting from your failure to keep your credentials secure.
  3. Teams. If you create a team or are made its owner or admin, you control its members, roles, billing and settings, and you are responsible for the people you invite. Members of a team can see its repositories, scans and findings.

2. What the Service does

  1. Code scans. The Service tests software for security weaknesses. A code scan reads code that you upload with the command-line tool or allow the Octopoda GitHub App to read, and may build and run that code inside an isolated environment that we operate for that scan alone. The Service reports the issues it was able to reproduce in that environment and suggests fixes, including prompts you can give to an AI coding tool. A pull request check does the same for the changes in a pull request and reports the result on the pull request.
  2. No testing of running systems. The Service does not send requests to your deployed applications, websites or servers, or to anyone else's. It tests only the code you give it, inside our isolated environment.
  3. No guarantee of completeness. Security testing cannot find every weakness. A scan that reports no findings does not mean your software is secure, and a finding may be less or more serious in your production environment than in ours.

3. Authorization to scan and acceptable use

  1. Authorization. You may only scan code that you own or that you are authorized to test. If you scan code for an employer, a client or another organization, you confirm that you have its permission. You are responsible for obtaining any permission that a third party requires.
  2. Prohibited uses. You must not, and must not allow anyone else to:
    1. scan, or attempt to scan, code that you are not authorized to test;
    2. use the Service, its findings or its suggested exploits to attack, disrupt or gain unauthorized access to any system, or to harm anyone;
    3. upload code designed to attack the Service, attempt to break out of a scan environment, reach another customer's data, or bypass the Service's network or spending limits;
    4. upload content that you have no right to share, or personal data of real people that you are not permitted to process (use test data instead);
    5. use the Service in violation of any applicable law, including export control and sanctions laws;
    6. resell, sublicense or share access to the Service outside your team, or use it to build a competing product or service; or
    7. interfere with or overload the Service, or access it by automated means other than the command-line tool, the MCP server, the GitHub App and our documented APIs.
  3. Enforcement. We monitor the Service for abuse. We may stop scans, suspend accounts and report unlawful activity to the authorities if we believe you have breached this Section 3 or put the Service or others at risk. Report abuse to support@auxilian.co.

4. Access to the Service

  1. License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription for your own internal purposes, including commercial software development.
  2. Restrictions. You may not: (i) license, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Service or any content on it, except your own findings and fixes; (ii) modify, create derivative works from, disassemble, reverse-compile, or reverse-engineer any part of the Service, except to the extent that applicable law permits despite this restriction or an open-source license that applies to a component of the Service permits it; (iii) access the Service in order to build a similar or competing product or service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as expressly permitted by these Terms. All copyright and proprietary notices on the Service must be kept intact on any copies you are permitted to make.
  3. Changes to the Service. We may modify, suspend, or discontinue the Service (or any part of it). If a change materially reduces what a paid plan includes, we will give you reasonable notice, and you may cancel before the change takes effect. We are not otherwise liable to you or any third party for any such modification, suspension, or discontinuation.
  4. Support. We provide support by email at support@auxilian.co on a reasonable efforts basis. We do not commit to response times or availability levels.
  5. Ownership. All intellectual property rights in the Service and its content, including copyrights, patents, trademarks, and trade secrets, belong to Auxilian or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited access rights in Section 4.1. All rights not expressly granted are reserved.
  6. Feedback. If you share feedback or suggestions about the Service with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Do not submit any feedback that you consider proprietary or confidential.

5. Your content

  1. Ownership. You keep all rights in the code, data and other material you give the Service ("Your Content"), and in the findings and suggested fixes the Service produces for you.
  2. License to us. You grant us a limited license to copy, store, build, run and analyze Your Content, and to store and display the findings, code excerpts and reports we produce from it, only as needed to provide the Service to you, to keep it secure, and to comply with law.
  3. AI processing. The Service uses third-party AI models to analyze Your Content, under agreements that do not permit the provider to train its models on it. We do not use Your Content, or findings produced from it, to train AI models.
  4. Confidentiality. We treat Your Content as confidential. We do not disclose it except to our service providers that need it to provide the Service (listed in the Privacy Policy), to the members of your team, on the pull requests you have asked us to check, or as required by law.
  5. Personal data in Your Content. If Your Content contains personal data, you are responsible for having the right to provide it to us, and we process it only on your behalf and on your instructions as set out in these Terms.

6. AI output

Findings, explanations and fix prompts are produced with the help of AI models and may be incomplete or wrong. Review every suggested change before you apply it, and test it before you deploy it. You are responsible for the changes you make to your software, including changes made by an AI coding tool that you gave one of our fix prompts.

7. Plans, trials, balance and payment

  1. Subscriptions. Paid plans are billed monthly in advance through our payment processor, Stripe. Your subscription renews automatically each month at the then-current price for your plan, and your payment method is charged, until you cancel. You can cancel at any time in Settings → Billing. When you cancel, your plan stays active until the end of the period you have paid for and then ends; you are not charged again.
  2. Free trial. The free trial lasts the number of days shown when you start it (currently 14), requires a payment card, and includes a small balance (currently $5). Unless you cancel before the trial ends, your subscription starts automatically at the end of the trial and your card is charged the monthly price of the plan you chose. There is one free trial per person. A trial started with a GitHub account or a payment card that has already had a trial is cancelled before anything is charged, and you can start a paid plan instead.
  3. Balance and scan charges. Each billing period, your plan's price is added to your account's balance, and you can buy more balance as a top-up. Each scan is charged to your balance according to the resources it uses (the AI model usage and the compute time of its isolated environment) at our then-current rates, so the charge varies from scan to scan. While a scan runs we set aside part of your balance for it, and when it ends we charge it and return the rest. The exact charge for each scan is shown when it finishes, in the web app and in your billing history. A scan is never charged more than the balance available to it; if it reaches that amount it stops and reports what it found. Balance included in a plan carries over for one further billing period and then expires. Balance you buy expires 12 months after purchase. Your balance has no cash value, cannot be transferred or exchanged for money, and expires when your account is deleted.
  4. Changing plans. An upgrade takes effect immediately; you are charged the difference for the rest of the current period and the difference in the plans' monthly balance is added to your balance. A downgrade takes effect at the next renewal.
  5. Refunds. Except where the law requires otherwise, payments are not refundable. If a scan fails because of a fault on our side, it is not charged and the balance set aside for it is returned automatically.
  6. Failed payments. If a payment fails, scans pause until it succeeds. We keep your data while we retry the payment.
  7. Prices and taxes. Prices are shown on our pricing page and exclude taxes, which we add where required. We will give you at least 30 days' notice of an increase in a plan price or in the rates at which scans are charged, which applies from your next billing period after the notice. If you do not agree to the new price or rates, you can cancel before they apply.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is available at octopoda.dev/privacy and is incorporated into these Terms by reference. The Privacy Policy describes the personal data and other information we collect from you or your device, how we use that information, and the circumstances under which we may share it with third parties.

  1. Processing of personal data. By using the Service, you acknowledge that you have read and understand our Privacy Policy and that Auxilian will process your personal data and other information in accordance with it. If there is a conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of your personal data, the Privacy Policy will control.
  2. Cookies. The Service uses only the cookies it needs to keep you signed in. For details, see the Cookies section of our Privacy Policy.

9. Indemnification

You agree to defend, indemnify, and hold harmless Auxilian and its officers, employees, and agents from any claims and reasonable costs or attorneys' fees arising out of (i) your use of the Service, including scanning code that you were not authorized to test, (ii) your violation of these Terms, or (iii) your violation of any applicable law or regulation. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

10. Third-party services and other users

  1. Third-party services. The Service works with third-party services such as GitHub, Stripe and the AI coding tools you paste fix prompts into (collectively, "Third-Party Services"). We do not control, endorse, or take responsibility for any Third-Party Services. You use all Third-Party Services at your own risk, and the applicable third party's own terms and privacy practices apply to that use.
  2. Other users. Your interactions with other users of the Service, including members of your team, are solely between you and those users. We are not responsible for any loss or harm resulting from those interactions, and we reserve the right, but have no obligation, to get involved in disputes between users.
  3. Release. To the fullest extent permitted by law, you release Auxilian and its officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to other users or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, AUXILIAN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL FIND ALL OR ANY PARTICULAR SECURITY WEAKNESSES, THAT ITS FINDINGS OR SUGGESTED FIXES WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) AUXILIAN AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, SECURITY INCIDENTS NOT CAUSED BY THE SERVICE, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS CAPPED AT THE GREATER OF (i) $50 USD AND (ii) THE AMOUNT PAID TO AUXILIAN BY YOU UNDER THESE TERMS IN THE SIX MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP.

13. Term and termination

These Terms remain in effect while you use the Service. You can stop using the Service and delete your account at any time in Settings; deleting it cancels any subscription immediately. We may suspend or terminate your access (including suspending access to or deleting your account) if you breach these Terms, if your use puts the Service or others at risk, if we are required to by law, or if we stop offering the Service. Where it is reasonable to do so we will tell you first and, if we terminate for a reason other than your breach, refund any prepaid amount for the unused part of the current period. We are not otherwise liable to you for any such termination. What happens to your data when your account is deleted is described in the Privacy Policy. Upon termination, Sections 4.2 through 4.6, 5.4, 6, and 9 through 16 survive.

The provisions in this Section 14 apply only to users to the extent such users are subject to the laws of the applicable states identified below. If a provision in this section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.

  1. California. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The provider of the Service is Auxilian Technologies, Inc., 251 Little Falls Drive, Wilmington, DE 19808. To file a complaint regarding the Service, or to receive further information regarding use of the Service, send a letter to the above address or contact us at support@auxilian.co. You may also contact the Complaint Assistance Unit at the address and phone number above. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), including the right to know what personal information we collect, the right to delete your personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of your personal information. For details on how to exercise these rights, see our Privacy Policy at octopoda.dev/privacy.
  2. Colorado. If you are a Colorado resident, you may have additional rights under the Colorado Privacy Act (CPA), including the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, and certain profiling. For details, see our Privacy Policy.
  3. Connecticut. If you are a Connecticut resident, you may have additional rights under the Connecticut Data Privacy Act (CTDPA), including rights of access, correction, deletion, and data portability, as well as the right to opt out of the sale of personal data, targeted advertising, and profiling. For details, see our Privacy Policy.
  4. Virginia. If you are a Virginia resident, you may have additional rights under the Virginia Consumer Data Protection Act (VCDPA), including the right to access, correct, delete, and obtain a copy of your personal data, and the right to opt out of the processing of your personal data for targeted advertising, sale, or profiling. For details, see our Privacy Policy.
  5. Nevada. If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. We do not sell personal information. To make a request, contact us at support@auxilian.co.
  6. Other states. Residents of other states with comprehensive consumer privacy laws may have similar rights. Our Privacy Policy describes the rights we honor and how to exercise them.

15. General

  1. Changes to Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email (at the address on file) or by a prominent notice in the Service at least 30 days before they take effect, unless the change is required by law sooner. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree, you can cancel before they take effect.
  2. Governing law. These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 16, you and Auxilian irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets); and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.
  3. Export. You agree not to export, re-export, or transfer any technical data or products acquired from the Service in violation of U.S. export control laws or applicable regulations in other countries. You confirm that you are not located in, or a resident of, a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted parties.
  4. Electronic communications. By using the Service, you consent to receiving communications from us electronically (by email or notices posted in the Service). These electronic communications satisfy any legal requirement for written notice.
  5. Accessibility. Auxilian is committed to making the Service accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). If you experience any difficulty accessing or navigating the Service, or if you have suggestions for improving accessibility, contact us at support@auxilian.co. We will make reasonable efforts to address accessibility concerns promptly.
  6. Entire agreement. These Terms (together with the Privacy Policy and any other policies or guidelines referenced herein) are the entire agreement between you and Auxilian regarding your use of the Service. If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word "including" means "including without limitation." You may not assign these Terms without our prior written consent; we may assign them freely. These Terms bind any permitted assignees.
  7. Copyright and trademarks. Copyright © 2026 Auxilian Technologies, Inc. All rights reserved. Octopoda and its logo are trademarks of Auxilian. Other trademarks, logos, and service marks displayed on the Service belong to their owners. You may not use any of them without prior written consent from the owner.
  8. Contact information. Auxilian Technologies, Inc., 251 Little Falls Drive, Wilmington, DE 19808. support@auxilian.co.

16. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

  1. Applicability. Except as described below, you and Auxilian agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.
  2. Try to resolve first. Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Auxilian's notice address: support@auxilian.co (subject "Dispute") or 251 Little Falls Drive, Wilmington, DE 19808. If the informal dispute resolution process doesn't resolve the dispute within 60 days, either party may start arbitration.
  3. Arbitration rules. Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. Unless the parties agree otherwise, arbitration will be conducted in the county where you live. All arbitration materials and documents are confidential.
  4. Arbitration request. The arbitration request must include: (i) your contact information and GitHub username; (ii) a description of the claims and supporting facts; (iii) the relief you're seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.
  5. Authority of arbitrator. The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.
  6. Waiver of jury trial. BY AGREEING TO ARBITRATION, YOU AND AUXILIAN WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.
  7. Waiver of class actions. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR AUXILIAN MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in Delaware; all other claims remain subject to arbitration.
  8. Attorneys' fees. Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.
  9. Batch arbitration. If 100 or more substantially similar arbitration demands are filed against Auxilian within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.
  10. Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@auxilian.co (subject "Arbitration opt-out") or 251 Little Falls Drive, Wilmington, DE 19808. Your notice must include your name, your GitHub username, your address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.
  11. Severability. If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.

This document is adapted from a template prepared and made publicly available by General Legal, PC ("General Legal"). The template is provided for general reference purposes only and does not constitute legal advice. General Legal has not reviewed, and takes no position on, any modifications made to this document.