Difference between revisions of "Legal"
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<div class="mw-collapsible"> | <div class="mw-collapsible"> | ||
<div style='text-align: left; display: block;'> | <div style='text-align: left; display: block;'> | ||
| − | OCTOPUS | + | OCTOPUS wants to protect your privacy. This privacy notice tells you what personal information we collect, what we do with it, and what rights you have. |
| − | + | ||
| − | [mailto:support@octopuscinema.com support@octopuscinema.com] | + | It covers our website, '''OCTOPUS RAW Studio''' and '''OCTOPUS Colori'''. |
| − | + | ||
| − | + | ===== Who we are ===== | |
| − | + | ||
| − | + | '''Peartree Studios Ltd''', trading as '''OCTOPUSCINEMA''', is the controller of the personal information described in this notice. We are registered in England and Wales. | |
| − | + | ||
| − | + | Contact: [mailto:support@octopuscinema.com support@octopuscinema.com] | |
| − | + | ||
| − | Website | + | ===== What we do not collect ===== |
| − | + | ||
| − | If you have | + | We think this is the most important thing to say clearly: |
| − | If you remain unhappy | + | |
| − | + | * '''Your video and image files never leave your computer.''' OCTOPUS Colori and OCTOPUS RAW Studio process your media entirely on your own device. We never receive, see or store it. | |
| − | Last updated | + | * '''We never receive your card details.''' Payments are handled by our payment providers, described below. |
| − | + | ||
| + | ===== Our website ===== | ||
| + | |||
| + | We do not currently use analytics or tracking cookies on our website. | ||
| + | |||
| + | Our website is hosted by '''123 Reg'''. Like most web hosting, their servers keep standard access logs, which record information such as your IP address, the time of your request, the pages you requested and your browser type. We use these logs only to keep the site running securely and to diagnose problems. If we introduce analytics or other non-essential cookies in future, we will ask for your consent first and update this notice. | ||
| + | |||
| + | ===== OCTOPUS RAW Studio ===== | ||
| + | |||
| + | OCTOPUS RAW Studio runs entirely on your own computer. It does not require an account and does not send us your media or your project data. | ||
| + | |||
| + | If you choose to press the "check for updates" button, OCTOPUS RAW Studio downloads a small file from our website to compare version numbers. No account details, licence key or machine identifier is sent, so we cannot tell who made the request or link it to you. As with any web request, our host records the request in its standard server access logs, as described above. | ||
| + | |||
| + | When you buy OCTOPUS RAW Studio, payment is handled by '''FastSpring''', which acts as the seller of record. FastSpring collects your name, email address and payment details and processes the payment. We receive your name, email address and billing country so that we can provide support, confirm licence eligibility and handle refunds or upgrades. We do not receive your card details. FastSpring handles your information under its own privacy policy. | ||
| + | |||
| + | ===== OCTOPUS Colori ===== | ||
| + | |||
| + | ====== Using Colori without an account ====== | ||
| + | |||
| + | You can install and use the core image and video engine, built-in Effects and existing Effect files without an account and without an internet connection. We collect no personal information when you use Colori this way. | ||
| + | |||
| + | ====== Your account ====== | ||
| + | |||
| + | Accounts are managed using '''Microsoft Entra ID'''. You can register with an email address and password, or sign in with a Google, Apple or Microsoft account. | ||
| + | |||
| + | We collect your email address, your display name, and authentication data such as sign-in timestamps and the identity provider you used. Where you sign in with Google, Apple or Microsoft, we receive your email address and name from them — we do not receive your password, and we have no access to your account with that provider. | ||
| + | |||
| + | Account data is stored by Microsoft in the '''United States'''. See "International transfers" below. | ||
| + | |||
| + | ====== Your subscription ====== | ||
| + | |||
| + | Payments for the PRO Plan are handled by '''Paddle.com Market Ltd''', which acts as merchant of record. Paddle collects your payment details, billing address and tax location, and processes the payment. We receive your subscription status, plan, renewal dates and country — not your card details. Paddle handles your information under its own privacy policy. | ||
| + | |||
| + | We record your Credit balance and usage so that we can apply your plan's allowance and prevent abuse. | ||
| + | |||
| + | ====== Prompts and AI Effect generation ====== | ||
| + | |||
| + | When you generate an Effect, the text of your prompt is sent to '''OpenAI''', which we use as a processor as part of creating the Effect. Your video and image files are not sent — only the prompt text and limited technical context. The rest of the work happens on our own systems and on your computer. | ||
| + | |||
| + | We store the prompts you submit, linked to your account. At present we use them only to operate and support the service, diagnose faults and prevent abuse. We may in future use stored prompts to improve and develop our products; if we do, we will update this notice. We do not sell prompts. | ||
| + | |||
| + | We keep prompts for as long as we need them for these purposes. When you delete your account, we permanently remove the link between your prompts and you, so that the remaining prompt text can no longer be associated with you or with any other prompt you submitted. | ||
| + | |||
| + | Please do not include personal information, confidential material or client details in a prompt. Because prompts are free text, anything you type into one is stored as you wrote it. | ||
| + | |||
| + | ====== The Community Library ====== | ||
| + | |||
| + | If you choose to publish an Effect to the Community Library, the Effect and the prompt used to create it become publicly visible to other users, along with your username or display name. Any comments you post are also publicly visible. Sharing is optional. | ||
| + | |||
| + | Publishing is currently permanent — there is no self-service way to remove an Effect once it is in the library. If you want something you published taken down, contact us at [mailto:support@octopuscinema.com support@octopuscinema.com] and we will remove it. Copies already downloaded by other users will remain with them. | ||
| + | |||
| + | If you delete your account, Effects and comments you have published stay in the Community Library, but we remove your username and the link to your account, so they are no longer attributed to you or connected to each other. | ||
| + | |||
| + | ====== Support ====== | ||
| + | |||
| + | If you contact us for support, we keep your email address and the contents of your message so that we can help you and refer back to the history if you contact us again. | ||
| + | |||
| + | ===== Our lawful bases ===== | ||
| + | |||
| + | {| class="wikitable" | ||
| + | ! Purpose !! Lawful basis | ||
| + | |- | ||
| + | | Providing the app, your account and your subscription || Performance of a contract with you | ||
| + | |- | ||
| + | | Generating Effects from your prompts || Performance of a contract with you | ||
| + | |- | ||
| + | | Providing customer support || Performance of a contract, or our legitimate interest in helping users | ||
| + | |- | ||
| + | | Keeping records for refunds, upgrade eligibility and licence checks || Legitimate interests, and legal obligation for tax and accounting records | ||
| + | |- | ||
| + | | Preventing fraud, abuse and circumvention of plan limits || Legitimate interests in protecting our service | ||
| + | |- | ||
| + | | Non-essential cookies, if we introduce them || Consent | ||
| + | |- | ||
| + | | Marketing email, if you sign up || Consent | ||
| + | |} | ||
| + | |||
| + | Where we rely on legitimate interests, we have considered whether those interests are outweighed by your rights, and you have the right to object — see below. Where we rely on consent, you can withdraw it at any time. | ||
| + | |||
| + | ===== Who we share information with ===== | ||
| + | |||
| + | We do not sell your personal information. We share it only with the providers we need to run the service: | ||
| + | |||
| + | {| class="wikitable" | ||
| + | ! Provider !! Purpose !! Location | ||
| + | |- | ||
| + | | Microsoft (Entra ID) || Account creation and sign-in || United States | ||
| + | |- | ||
| + | | Microsoft Azure || Hosting for the OCTOPUS Colori service backend || United States | ||
| + | |- | ||
| + | | Paddle || Payments for OCTOPUS Colori || United Kingdom / EU | ||
| + | |- | ||
| + | | FastSpring || Payments for OCTOPUS RAW Studio || United States | ||
| + | |- | ||
| + | | OpenAI || Processing prompt text || United States | ||
| + | |- | ||
| + | | 123 Reg || Website hosting and email || United Kingdom | ||
| + | |} | ||
| + | |||
| + | We may also disclose information where we are required to by law, or to establish or defend legal claims. | ||
| + | |||
| + | ===== International transfers ===== | ||
| + | |||
| + | Some of our providers are located outside the UK and EEA, mainly in the United States, so your personal information may be transferred there. Where that happens, we take steps to ensure it is protected to a standard equivalent to that required under UK and EU data protection law — for example, by relying on an adequacy decision covering the provider, or on standard contractual clauses such as the UK International Data Transfer Addendum or the European Commission's Standard Contractual Clauses. You can ask us which safeguard applies to a particular provider by contacting us at [mailto:support@octopuscinema.com support@octopuscinema.com]. | ||
| + | |||
| + | ===== How long we keep information ===== | ||
| + | |||
| + | * '''Website server logs:''' kept by our host for their standard log retention period. | ||
| + | * '''Account data:''' for as long as your account is open. If you delete your account, we remove your account data immediately, except where we need to keep records as set out below. | ||
| + | * '''Prompts:''' kept for as long as we need them to run and improve the service. Disassociated from you when you delete your account, as described above. | ||
| + | * '''Community Library content:''' Effects and comments you publish stay in the library, but are disassociated from you when you delete your account. Copies already downloaded by other users remain with them. | ||
| + | * '''Purchase and subscription records:''' six years after the transaction, to meet UK tax and accounting requirements. This applies even if you delete your account. | ||
| + | * '''OCTOPUS RAW Studio licence records:''' retained so we can verify licence ownership, handle refunds and confirm upgrade eligibility. | ||
| + | * '''Support correspondence:''' two years after your last contact with us. | ||
| + | |||
| + | ===== Your rights ===== | ||
| + | |||
| + | If you are in the UK or EEA, you have the right to: | ||
| + | |||
| + | * be informed about how we use your information; | ||
| + | * access a copy of the information we hold about you; | ||
| + | * have inaccurate information corrected; | ||
| + | * have your information erased in certain circumstances; | ||
| + | * restrict how we use your information; | ||
| + | * object to our use of your information where we rely on legitimate interests; | ||
| + | * data portability; | ||
| + | * withdraw consent where we rely on it. | ||
| + | |||
| + | To exercise any of these rights, email us at [mailto:support@octopuscinema.com support@octopuscinema.com]. We will respond within one month. You do not have to pay a fee. | ||
| + | |||
| + | Deleting your account through the app is the quickest way to have your account data erased. Note that we may still need to keep purchase records for tax purposes, and that Effects and comments you published to the Community Library remain in the library in anonymised form, as described above. | ||
| + | |||
| + | If you are a resident of California or another US state with a comprehensive privacy law, you may have rights to know what personal information we collect, to request deletion, to correct it, and not to be discriminated against for exercising those rights. We do not sell personal information or share it for cross-context behavioural advertising. Contact us at the address above to exercise these rights. | ||
| + | |||
| + | ===== Children ===== | ||
| + | |||
| + | Our products are not intended for children, and you must be 18 or over to create an account. We do not knowingly collect information from children. | ||
| + | |||
| + | ===== Security ===== | ||
| + | |||
| + | We use appropriate technical and organisational measures to protect your information, including encryption in transit and access controls on our systems. No system is completely secure, but we take reasonable steps to protect your data and will notify you and the ICO where required if a breach affects your rights. | ||
| + | |||
| + | ===== Changes to this notice ===== | ||
| + | |||
| + | We may update this notice. Where a change materially affects how we use your information, we will notify you by email or in the app. | ||
| + | |||
| + | ===== How to complain ===== | ||
| + | |||
| + | If you have concerns about our use of your personal data, contact us at [mailto:support@octopuscinema.com support@octopuscinema.com]. If you remain unhappy after raising a complaint with us, you can complain to the [https://www.ico.org.uk/make-a-complaint Information Commissioner's Office]. If you are in the EEA, you may also complain to your local supervisory authority. | ||
| + | |||
| + | '''Last updated September 2, 2026''' | ||
| + | |||
</div> | </div> | ||
</div></br> | </div></br> | ||
| Line 56: | Line 207: | ||
: An image or video effect generated from a Prompt, saved as a Colori Effect file (.colori-effect). | : An image or video effect generated from a Prompt, saved as a Colori Effect file (.colori-effect). | ||
; Community Library | ; Community Library | ||
| − | : The shared collection of Effects that users may optionally publish for other users to browse and use. | + | : The shared collection of Effects that users may optionally publish for other users to browse and use, including any comments posted there. |
; Your Media | ; Your Media | ||
: The video, image and audio files you process using the App. | : The video, image and audio files you process using the App. | ||
| Line 194: | Line 345: | ||
====== 9.4 The Community Library ====== | ====== 9.4 The Community Library ====== | ||
| − | You may choose to publish an Effect to the Community Library. Sharing is entirely optional. Publishing an Effect shares the Effect itself and the Prompt used to generate it; it never shares Your Media. | + | You may choose to publish an Effect to the Community Library, and you may post comments on Effects published there. In these Terms, an Effect you publish and any comment you post are together your '''Community Content'''. |
| + | |||
| + | Sharing is entirely optional. Publishing an Effect shares the Effect itself and the Prompt used to generate it; it never shares Your Media. Comments are public and visible to all users of the Community Library. | ||
| − | '''You keep ownership of | + | '''You keep ownership of your Community Content.''' By publishing or posting it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable licence to host, store, reproduce, modify (for formatting, compatibility and performance purposes), publish, publicly display, distribute and promote that Community Content, in the App, on our website and in our marketing materials, and to make it available to other users of the App. You also grant us the right to display your username or display name alongside it. |
We may sublicense published Effects to other users so that they can download, use and adapt them, including in their own commercial work. | We may sublicense published Effects to other users so that they can download, use and adapt them, including in their own commercial work. | ||
| − | By publishing | + | By publishing or posting Community Content, you confirm that you own it or otherwise have the rights to grant this licence, and that it does not infringe anyone else's rights or breach [[#10. Acceptable use|section 10]]. |
| − | + | Publishing is permanent. There is currently no way to unpublish an Effect or delete a comment yourself. If you want Community Content you have published removed, contact us at support@octopuscinema.com and we will remove it within a reasonable period. Copies already downloaded by other users, and any use those users have already made of them, will remain licensed to them and are not affected by removal. | |
| − | We may remove, decline to publish, or restrict access to any | + | We may remove, decline to publish, or restrict access to any Community Content at our discretion, including where we believe it breaches these Terms. If you believe published Community Content infringes your rights, see [[#17. Reporting infringing content|section 17]]. |
| − | We do not review or verify | + | We do not review or verify Community Content published by other users, and any views expressed in comments are those of the users who posted them. Effects obtained from the Community Library are provided without warranty of any kind, and [[#9.3 Outputs|section 9.3]] applies to them as it does to Effects you generate yourself. |
====== 9.5 Connectivity and offline use ====== | ====== 9.5 Connectivity and offline use ====== | ||
| Line 220: | Line 373: | ||
===== 10. Acceptable use ===== | ===== 10. Acceptable use ===== | ||
| − | You must not use the App, | + | You must not use the App, submit Prompts, or publish Community Content, to: |
| − | * create, process or | + | * create, process, generate or share material that is unlawful; |
* infringe anyone's intellectual property, privacy or other rights; | * infringe anyone's intellectual property, privacy or other rights; | ||
| − | * produce content intended to harass, defame, threaten or incite violence against any person or group; | + | * produce or post content intended to harass, defame, threaten or incite violence against any person or group; |
* create material designed to deceive, such as content misrepresenting a real person or event in a harmful way; | * create material designed to deceive, such as content misrepresenting a real person or event in a harmful way; | ||
* attempt to extract, reproduce or reverse engineer the underlying models, system instructions or infrastructure used to generate Effects; | * attempt to extract, reproduce or reverse engineer the underlying models, system instructions or infrastructure used to generate Effects; | ||
| Line 230: | Line 383: | ||
* circumvent Credit limits, licence checks or plan restrictions. | * circumvent Credit limits, licence checks or plan restrictions. | ||
| − | You are solely responsible for Your Media | + | When publishing Effects or posting comments in the Community Library, you must also not post material that is unlawful, including child sexual abuse material, impersonate another person, post spam or advertising, publish anyone else's personal information, or disrupt discussion for other users. |
| + | |||
| + | You are solely responsible for Your Media, for the content of your Prompts, and for any Community Content you publish, and for ensuring you have the rights necessary to use them. | ||
===== 11. Privacy ===== | ===== 11. Privacy ===== | ||
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Where the breach is capable of remedy and the circumstances allow, we will give you notice and an opportunity to fix it before terminating. | Where the breach is capable of remedy and the circumstances allow, we will give you notice and an opportunity to fix it before terminating. | ||
| − | On termination, your account and any subscription end, and you lose access to Effect generation and the PRO export features. Unless we tell you otherwise, you may continue to use the features of the App that do not require an account. Effects already generated and stored on your own computer, and work you have already produced, are unaffected. The licence you granted us in [[#9.4 The Community Library|section 9.4]] | + | On termination, your account and any subscription end, and you lose access to Effect generation and the PRO export features. Unless we tell you otherwise, you may continue to use the features of the App that do not require an account. Effects already generated and stored on your own computer, and work you have already produced, are unaffected. The licence you granted us in [[#9.4 The Community Library|section 9.4]] survives termination in respect of any Community Content you published, which stays in the Community Library, though we will remove your username and the link to your account. Sections 4, 9.3, 9.4, 14, 15, 17 and 21, and any other provision intended to survive, will survive termination. |
Where you have seriously or repeatedly breached section 10, we may also terminate your licence to the App entirely, in which case you must stop using it and remove it from your devices. | Where you have seriously or repeatedly breached section 10, we may also terminate your licence to the App entirely, in which case you must stop using it and remove it from your devices. | ||
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We respect intellectual property rights and expect users of the Community Library to do the same. | We respect intellectual property rights and expect users of the Community Library to do the same. | ||
| − | If you believe that | + | If you believe that Community Content published to the Community Library infringes your copyright or other rights, contact us at support@octopuscinema.com with: |
* your name and contact details; | * your name and contact details; | ||
* identification of the right you hold and the work concerned; | * identification of the right you hold and the work concerned; | ||
| − | * identification of the | + | * identification of the Community Content you say is infringing, with enough detail for us to locate it; |
* a statement that you believe in good faith that the use is not authorised by you, your agent or the law; and | * a statement that you believe in good faith that the use is not authorised by you, your agent or the law; and | ||
* a statement that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf. | * a statement that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf. | ||
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<div class="mw-collapsible"> | <div class="mw-collapsible"> | ||
<div style='text-align: left; display: block;'> | <div style='text-align: left; display: block;'> | ||
| − | + | We want you to be happy with what you buy from us. This page explains when we will refund a purchase, how to request one, and what rights you have by law. | |
| − | + | ||
| − | + | ===== Try before you buy ===== | |
| − | + | ||
| − | + | We encourage you to fully evaluate our software before purchasing. OCTOPUS Colori can be installed and used without an account or payment. OCTOPUS RAW Studio runs in trial mode until you enter a valid licence key, so you can try it fully before you buy. Testing the software on your own footage and hardware is the best way to be sure it suits your workflow. | |
| − | + | ||
| − | + | ===== Who handles your refund ===== | |
| + | |||
| + | We sell through payment providers who act as the seller of record: | ||
| + | |||
| + | * '''OCTOPUS Colori''' — payments and refunds are handled by '''Paddle'''. Request a refund at [https://paddle.net paddle.net], or use the links in your Paddle receipt. | ||
| + | * '''OCTOPUS RAW Studio''' — payments and refunds are handled by '''FastSpring''', who also send you your licence key. Request a refund using the link in your FastSpring receipt. | ||
| + | |||
| + | You can also contact us at [mailto:support@octopuscinema.com support@octopuscinema.com] and we will help. | ||
| + | |||
| + | ===== Your legal rights ===== | ||
| + | |||
| + | If you are a consumer in the UK or EU, you normally have 14 days from purchase to cancel and receive a refund. Because our software is digital content supplied immediately, you are asked at checkout to agree that supply begins straight away, and once you have downloaded or used the software that 14-day right no longer applies. This is a standard condition of receiving instant access. | ||
| + | |||
| + | Separately, and regardless of the above, you always have the right to a remedy if the software is faulty, not as described, or not of satisfactory quality. Consumers in other countries have similar rights under their own law. '''Nothing on this page limits those rights.''' | ||
| + | |||
| + | ===== When we will refund ===== | ||
| + | |||
| + | We will refund a purchase where: | ||
| + | |||
| + | * the software does not work as advertised, and we cannot resolve the problem in a reasonable time or offer an acceptable alternative; | ||
| + | * the software is not as described, or is not of satisfactory quality; | ||
| + | * you were charged in error, or charged twice. | ||
| + | |||
| + | We will normally try to fix the problem first. Please contact us before requesting a refund — most issues turn out to be quick to resolve, and we would rather get the software working for you. | ||
| + | |||
| + | ===== When we may not refund ===== | ||
| + | |||
| + | We may decline a refund where: | ||
| + | |||
| + | * you have changed your mind after downloading and using the software, and your statutory cancellation right no longer applies; | ||
| + | * the issue is a minor defect that does not materially affect your use of the software, and we have offered to fix it; | ||
| + | * the software does not run because your hardware or operating system does not meet the stated system requirements, which are published before purchase; | ||
| + | * there is evidence of repeated refund requests, licence sharing, or other misuse. | ||
| + | |||
| + | ===== OCTOPUS Colori subscriptions ===== | ||
| + | |||
| + | You can cancel your PRO subscription at any time. Cancellation takes effect at the end of your current billing period, and you keep PRO features until then. We do not refund part-months, and we do not automatically refund a renewal that you forgot to cancel — though if you contact us promptly after an unwanted renewal, we will consider it. | ||
| + | |||
| + | Credits are part of your subscription rather than something bought separately. They have no cash value and are not refundable, and unused Credits are not refunded when you cancel or downgrade. | ||
| + | |||
| + | ===== Licence keys ===== | ||
| + | |||
| + | If we refund an OCTOPUS RAW Studio purchase, the associated licence key is deactivated and the software returns to trial mode. Licence keys are for your own use and must not be shared or resold. | ||
| + | |||
| + | ===== Exchanges and upgrades ===== | ||
| + | |||
| + | If you have bought the wrong product or edition, contact us. Where a product is still eligible for a refund, we can usually arrange an exchange or apply the value toward the correct purchase instead. | ||
| + | |||
| + | ===== How to complain ===== | ||
| + | |||
| + | If you are unhappy with a refund decision, contact us at [mailto:support@octopuscinema.com support@octopuscinema.com] and we will review it. If you remain unhappy and you are a UK consumer, advice is available from Citizens Advice at [https://www.citizensadvice.org.uk citizensadvice.org.uk]. If you are an EU consumer, you may use the European Commission's Online Dispute Resolution platform. | ||
| + | |||
| + | '''Last updated September 2, 2026''' | ||
</div> | </div> | ||
</div> | </div> | ||
</div> | </div> | ||
Latest revision as of 19:46, 2 September 2026
Contents
- 1 Privacy Policy
- 1.1 Who we are
- 1.2 What we do not collect
- 1.3 Our website
- 1.4 OCTOPUS RAW Studio
- 1.5 OCTOPUS Colori
- 1.6 Our lawful bases
- 1.7 Who we share information with
- 1.8 International transfers
- 1.9 How long we keep information
- 1.10 Your rights
- 1.11 Children
- 1.12 Security
- 1.13 Changes to this notice
- 1.14 How to complain
- 2 Terms of Service
- 2.1 1. About these terms
- 2.2 2. Definitions
- 2.3 3. Eligibility
- 2.4 4. Licence
- 2.5 5. Accounts and sign-in
- 2.6 6. Plans and features
- 2.7 7. Subscriptions, billing and cancellation
- 2.8 8. Credits
- 2.9 9. AI Effect generation
- 2.10 10. Acceptable use
- 2.11 11. Privacy
- 2.12 12. Updates and changes to the App
- 2.13 13. Suspension and termination
- 2.14 14. Disclaimers
- 2.15 15. Limitation of liability
- 2.16 16. Your rights as a consumer
- 2.17 17. Reporting infringing content
- 2.18 18. Export controls and sanctions
- 2.19 19. Changes to these Terms
- 2.20 20. General
- 2.21 21. Governing law and jurisdiction
- 2.22 22. Contact
- 3 End-User License Agreement
- 4 Software Refund & Exchange
Privacy Policy
OCTOPUS wants to protect your privacy. This privacy notice tells you what personal information we collect, what we do with it, and what rights you have.
It covers our website, OCTOPUS RAW Studio and OCTOPUS Colori.
Who we are
Peartree Studios Ltd, trading as OCTOPUSCINEMA, is the controller of the personal information described in this notice. We are registered in England and Wales.
Contact: support@octopuscinema.com
What we do not collect
We think this is the most important thing to say clearly:
- Your video and image files never leave your computer. OCTOPUS Colori and OCTOPUS RAW Studio process your media entirely on your own device. We never receive, see or store it.
- We never receive your card details. Payments are handled by our payment providers, described below.
Our website
We do not currently use analytics or tracking cookies on our website.
Our website is hosted by 123 Reg. Like most web hosting, their servers keep standard access logs, which record information such as your IP address, the time of your request, the pages you requested and your browser type. We use these logs only to keep the site running securely and to diagnose problems. If we introduce analytics or other non-essential cookies in future, we will ask for your consent first and update this notice.
OCTOPUS RAW Studio
OCTOPUS RAW Studio runs entirely on your own computer. It does not require an account and does not send us your media or your project data.
If you choose to press the "check for updates" button, OCTOPUS RAW Studio downloads a small file from our website to compare version numbers. No account details, licence key or machine identifier is sent, so we cannot tell who made the request or link it to you. As with any web request, our host records the request in its standard server access logs, as described above.
When you buy OCTOPUS RAW Studio, payment is handled by FastSpring, which acts as the seller of record. FastSpring collects your name, email address and payment details and processes the payment. We receive your name, email address and billing country so that we can provide support, confirm licence eligibility and handle refunds or upgrades. We do not receive your card details. FastSpring handles your information under its own privacy policy.
OCTOPUS Colori
Using Colori without an account
You can install and use the core image and video engine, built-in Effects and existing Effect files without an account and without an internet connection. We collect no personal information when you use Colori this way.
Your account
Accounts are managed using Microsoft Entra ID. You can register with an email address and password, or sign in with a Google, Apple or Microsoft account.
We collect your email address, your display name, and authentication data such as sign-in timestamps and the identity provider you used. Where you sign in with Google, Apple or Microsoft, we receive your email address and name from them — we do not receive your password, and we have no access to your account with that provider.
Account data is stored by Microsoft in the United States. See "International transfers" below.
Your subscription
Payments for the PRO Plan are handled by Paddle.com Market Ltd, which acts as merchant of record. Paddle collects your payment details, billing address and tax location, and processes the payment. We receive your subscription status, plan, renewal dates and country — not your card details. Paddle handles your information under its own privacy policy.
We record your Credit balance and usage so that we can apply your plan's allowance and prevent abuse.
Prompts and AI Effect generation
When you generate an Effect, the text of your prompt is sent to OpenAI, which we use as a processor as part of creating the Effect. Your video and image files are not sent — only the prompt text and limited technical context. The rest of the work happens on our own systems and on your computer.
We store the prompts you submit, linked to your account. At present we use them only to operate and support the service, diagnose faults and prevent abuse. We may in future use stored prompts to improve and develop our products; if we do, we will update this notice. We do not sell prompts.
We keep prompts for as long as we need them for these purposes. When you delete your account, we permanently remove the link between your prompts and you, so that the remaining prompt text can no longer be associated with you or with any other prompt you submitted.
Please do not include personal information, confidential material or client details in a prompt. Because prompts are free text, anything you type into one is stored as you wrote it.
The Community Library
If you choose to publish an Effect to the Community Library, the Effect and the prompt used to create it become publicly visible to other users, along with your username or display name. Any comments you post are also publicly visible. Sharing is optional.
Publishing is currently permanent — there is no self-service way to remove an Effect once it is in the library. If you want something you published taken down, contact us at support@octopuscinema.com and we will remove it. Copies already downloaded by other users will remain with them.
If you delete your account, Effects and comments you have published stay in the Community Library, but we remove your username and the link to your account, so they are no longer attributed to you or connected to each other.
Support
If you contact us for support, we keep your email address and the contents of your message so that we can help you and refer back to the history if you contact us again.
Our lawful bases
| Purpose | Lawful basis |
|---|---|
| Providing the app, your account and your subscription | Performance of a contract with you |
| Generating Effects from your prompts | Performance of a contract with you |
| Providing customer support | Performance of a contract, or our legitimate interest in helping users |
| Keeping records for refunds, upgrade eligibility and licence checks | Legitimate interests, and legal obligation for tax and accounting records |
| Preventing fraud, abuse and circumvention of plan limits | Legitimate interests in protecting our service |
| Non-essential cookies, if we introduce them | Consent |
| Marketing email, if you sign up | Consent |
Where we rely on legitimate interests, we have considered whether those interests are outweighed by your rights, and you have the right to object — see below. Where we rely on consent, you can withdraw it at any time.
We do not sell your personal information. We share it only with the providers we need to run the service:
| Provider | Purpose | Location |
|---|---|---|
| Microsoft (Entra ID) | Account creation and sign-in | United States |
| Microsoft Azure | Hosting for the OCTOPUS Colori service backend | United States |
| Paddle | Payments for OCTOPUS Colori | United Kingdom / EU |
| FastSpring | Payments for OCTOPUS RAW Studio | United States |
| OpenAI | Processing prompt text | United States |
| 123 Reg | Website hosting and email | United Kingdom |
We may also disclose information where we are required to by law, or to establish or defend legal claims.
International transfers
Some of our providers are located outside the UK and EEA, mainly in the United States, so your personal information may be transferred there. Where that happens, we take steps to ensure it is protected to a standard equivalent to that required under UK and EU data protection law — for example, by relying on an adequacy decision covering the provider, or on standard contractual clauses such as the UK International Data Transfer Addendum or the European Commission's Standard Contractual Clauses. You can ask us which safeguard applies to a particular provider by contacting us at support@octopuscinema.com.
How long we keep information
- Website server logs: kept by our host for their standard log retention period.
- Account data: for as long as your account is open. If you delete your account, we remove your account data immediately, except where we need to keep records as set out below.
- Prompts: kept for as long as we need them to run and improve the service. Disassociated from you when you delete your account, as described above.
- Community Library content: Effects and comments you publish stay in the library, but are disassociated from you when you delete your account. Copies already downloaded by other users remain with them.
- Purchase and subscription records: six years after the transaction, to meet UK tax and accounting requirements. This applies even if you delete your account.
- OCTOPUS RAW Studio licence records: retained so we can verify licence ownership, handle refunds and confirm upgrade eligibility.
- Support correspondence: two years after your last contact with us.
Your rights
If you are in the UK or EEA, you have the right to:
- be informed about how we use your information;
- access a copy of the information we hold about you;
- have inaccurate information corrected;
- have your information erased in certain circumstances;
- restrict how we use your information;
- object to our use of your information where we rely on legitimate interests;
- data portability;
- withdraw consent where we rely on it.
To exercise any of these rights, email us at support@octopuscinema.com. We will respond within one month. You do not have to pay a fee.
Deleting your account through the app is the quickest way to have your account data erased. Note that we may still need to keep purchase records for tax purposes, and that Effects and comments you published to the Community Library remain in the library in anonymised form, as described above.
If you are a resident of California or another US state with a comprehensive privacy law, you may have rights to know what personal information we collect, to request deletion, to correct it, and not to be discriminated against for exercising those rights. We do not sell personal information or share it for cross-context behavioural advertising. Contact us at the address above to exercise these rights.
Children
Our products are not intended for children, and you must be 18 or over to create an account. We do not knowingly collect information from children.
Security
We use appropriate technical and organisational measures to protect your information, including encryption in transit and access controls on our systems. No system is completely secure, but we take reasonable steps to protect your data and will notify you and the ICO where required if a breach affects your rights.
Changes to this notice
We may update this notice. Where a change materially affects how we use your information, we will notify you by email or in the app.
How to complain
If you have concerns about our use of your personal data, contact us at support@octopuscinema.com. If you remain unhappy after raising a complaint with us, you can complain to the Information Commissioner's Office. If you are in the EEA, you may also complain to your local supervisory authority.
Last updated September 2, 2026
Terms of Service
Last updated: September 2, 2026
1. About these terms
These Terms of Service ("Terms") govern your use of OCTOPUS Colori (the "App"), including the free plan, the paid subscription, and the AI Effect generation features.
The App is provided by Peartree Studios Ltd, a company registered in England and Wales, trading as OCTOPUSCINEMA ("we", "us", "our").
You can contact us at support@octopuscinema.com.
By downloading, installing, creating an account for, or using the App, you agree to these Terms. If you do not agree, do not use the App.
These Terms apply only to OCTOPUS Colori. Our other products are licensed separately under their own terms.
2. Definitions
- Credits
- The units consumed when you use the AI Effect generation feature.
- Free Plan
- Use of the App while signed in, without a paid subscription.
- PRO Plan
- A paid subscription to the App.
- Prompt
- The text description you submit to generate an Effect.
- Effect
- An image or video effect generated from a Prompt, saved as a Colori Effect file (.colori-effect).
- Community Library
- The shared collection of Effects that users may optionally publish for other users to browse and use, including any comments posted there.
- Your Media
- The video, image and audio files you process using the App.
3. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase a subscription. If you are using the App on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms, and "you" means that organisation.
4. Licence
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own personal or internal business purposes, including commercial production work.
You may not:
- copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to any third party;
- reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this restriction;
- remove, obscure or alter any proprietary notices in the App;
- circumvent, disable or interfere with any licensing, credit metering, authentication or security mechanism in the App;
- use the App to develop a competing product or service.
We and our licensors retain all right, title and interest in and to the App. These Terms grant you a licence only; they do not sell you the software.
5. Accounts and sign-in
You do not need an account to use the App. You can install it and use the core image and video engine, along with built-in Effects and any Effect files you already have, without creating an account or signing in.
An account is required only for:
- generating a new Effect from a Prompt; and
- the additional export features included in the PRO Plan, which require a signed-in account with an active PRO subscription.
Accounts are managed through Microsoft Entra ID. You may create an account with an email address and password, or sign in using a Google, Apple or Microsoft account. Where you sign in with a third-party identity provider, that provider's own terms and privacy policy apply to your use of their service, and we are not responsible for their availability, security or decisions about your account with them.
You are responsible for keeping your sign-in credentials secure and for all activity that occurs under your account. You must notify us promptly at support@octopuscinema.com if you believe your account has been compromised.
Accounts are for a single user. You may not share your account credentials, and you may not create multiple accounts to obtain additional Credits or otherwise circumvent plan limits.
You may delete your account at any time. In the App, select your avatar and choose Manage Account; this opens an account management page in your browser, where you will find a Delete Account option. If you have an active subscription, you must cancel it before your account can be deleted (see section 7.3).
Deleting your account does not remove the App from your devices, and you may continue to use the features that do not require sign-in.
6. Plans and features
The App is available in three states:
- Without an account — the core image and video engine, built-in Effects, and Effect files already on your computer. This does not expire.
- Free Plan — signed in, without a paid subscription. Includes a monthly Credit allowance for generating new Effects.
- PRO Plan — signed in, with an active paid subscription. Includes a larger monthly Credit allowance and additional export features.
The features, Credit allowances and prices for each plan are set out on our Plans page at octopuscinema.com/wiki/index.php/OCTOPUS_Colori_Plans, which forms part of these Terms. References in these Terms to your plan's Credit allowance mean the allowance stated there for your plan.
Effects you have already generated remain usable on your computer regardless of your plan or whether you are signed in.
We may change the features and allowances included in each plan, and we may modify or withdraw the Free Plan, at any time. Where a change materially reduces the features or Credit allowance of a PRO Plan you are currently paying for, we will give you reasonable notice and you may cancel as set out in section 7.
7. Subscriptions, billing and cancellation
7.1 Merchant of record
Our payments are processed by Paddle.com Market Ltd ("Paddle"), which acts as the merchant of record and reseller for all purchases of the PRO Plan. Your purchase is therefore also subject to Paddle's own buyer terms and privacy policy, available at paddle.com. Paddle handles payment processing, invoicing, sales tax and VAT, and the processing of refunds.
We do not receive or store your full payment card details.
7.2 Renewal
The PRO Plan is a recurring subscription. It renews automatically at the end of each billing period (MONTHLY) at the then-current price, using your saved payment method, until cancelled.
7.3 Cancellation
You may cancel at any time via your account page or the link in your Paddle receipt. Cancellation takes effect at the end of your current billing period. You keep access to PRO Plan features until that date, after which your account reverts to the Free Plan.
We do not provide pro-rata refunds for partial billing periods except where required by law or under section 7.5.
7.4 Failed payment
If a renewal payment fails, Paddle will automatically retry your saved payment method over a recovery period and may contact you to update your payment details. Your subscription remains active and you keep access to PRO Plan features during this period.
If the payment is not recovered by the end of that period, your subscription is cancelled and your account reverts to the Free Plan. Reverting does not delete any files on your own computer, and it does not remove Effects you have already generated.
While a payment is being recovered, you may be unable to cancel or change your subscription until the outstanding payment is resolved.
7.5 Refunds and the right to cancel
If you are a consumer in the UK or EU, you normally have 14 days from purchase to cancel and receive a refund. Because the App and its AI features are digital content supplied immediately, you agree that supply begins as soon as your purchase is complete, and you acknowledge that you lose this statutory right to cancel once supply has begun and you have used the service.
Consumers in some other countries have similar rights over a shorter or longer period. These rights are handled by Paddle as merchant of record, and Paddle applies the standard that is most protective of you.
Our voluntary refund policy is set out at octopuscinema.com/legal#Software_Refund_.26_Exchange . Refund requests are handled by Paddle.
7.6 Price changes
We may change subscription prices. We will give you at least 30 days' notice before a price change takes effect for your subscription, and you may cancel before the change applies.
7.7 Taxes
Unless stated otherwise at checkout, prices are inclusive of VAT and applicable sales taxes. These are calculated and collected by Paddle based on your billing location, and the exact treatment shown may vary by country.
8. Credits
Credits are consumed when you use the AI Effect generation feature.
- Consumption. A Credit is consumed each time a Prompt is submitted for Effect generation. Credits are consumed on submission, regardless of whether you are satisfied with the resulting Effect.
- Replenishment. Your Credit allowance is replenished at the start of each billing or calendar month, as applicable to your plan.
- No roll-over. Unused Credits do not carry over. Your balance is reset to your plan's allowance on replenishment, not increased by it.
- Upgrades. When you upgrade to the PRO Plan, your Credit allowance is replenished to the PRO Plan level immediately.
- Downgrades and cancellation. When your account reverts to the Free Plan, your Credit balance is reduced to the Free Plan allowance at the next replenishment.
- No cash value. Credits are a licence entitlement, not currency or property. They have no cash value, are non-refundable, cannot be transferred, sold or exchanged, and cannot be redeemed for money.
- Fair use. You may not use automated tools, scripts or bulk submission to consume Credits, and you may not pool, resell or share Credits across users or accounts. We may suspend AI features on your account if we reasonably believe you are doing so.
If Credits are consumed because of a technical fault on our side, contact us at support@octopuscinema.com and we will restore them where we can reasonably verify the fault.
9. AI Effect generation
9.1 How it works
The AI feature turns a text Prompt you write into an Effect that runs on your own computer.
Your Media is never uploaded to us or to any third party. All image and video processing happens locally on your device. Only the text of your Prompt, together with limited technical context needed to produce a working Effect, is transmitted off your device.
9.2 Third-party processing
Prompts are sent to OpenAI, which we use as a subprocessor to generate the Effect. You should not include personal data, confidential information, client material or anything you are not permitted to disclose in a Prompt. Your use of the AI feature is also subject to OpenAI's usage policies, and we may be required to act on their enforcement decisions.
We store the Prompts you submit. At present we use them only to operate and support the App, including diagnosing faults and preventing abuse. We may in future use stored Prompts to improve and develop the App and its features. We do not sell Prompts, and Your Media is never stored by us because it never leaves your device. Our Privacy Policy at octopuscinema.com/legal#Privacy_Policy sets out how long Prompts are retained and your rights in relation to them.
9.3 Outputs
As between you and us, you own the Effects generated from your Prompts, and you may use them commercially. We make no claim to Your Media or to your finished work.
You acknowledge that:
- AI-generated output is probabilistic. Identical or similar Prompts may produce similar Effects for other users, and we cannot guarantee that any Effect is unique to you.
- We do not warrant that an Effect will be accurate, performant, free of visual artefacts, or fit for any particular purpose.
- You are responsible for reviewing and testing every Effect before relying on it in production work. Do not use an Effect on a deliverable without checking the result.
- We do not warrant that an Effect, or your use of it, does not infringe any third party's rights.
9.4 The Community Library
You may choose to publish an Effect to the Community Library, and you may post comments on Effects published there. In these Terms, an Effect you publish and any comment you post are together your Community Content.
Sharing is entirely optional. Publishing an Effect shares the Effect itself and the Prompt used to generate it; it never shares Your Media. Comments are public and visible to all users of the Community Library.
You keep ownership of your Community Content. By publishing or posting it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable licence to host, store, reproduce, modify (for formatting, compatibility and performance purposes), publish, publicly display, distribute and promote that Community Content, in the App, on our website and in our marketing materials, and to make it available to other users of the App. You also grant us the right to display your username or display name alongside it.
We may sublicense published Effects to other users so that they can download, use and adapt them, including in their own commercial work.
By publishing or posting Community Content, you confirm that you own it or otherwise have the rights to grant this licence, and that it does not infringe anyone else's rights or breach section 10.
Publishing is permanent. There is currently no way to unpublish an Effect or delete a comment yourself. If you want Community Content you have published removed, contact us at support@octopuscinema.com and we will remove it within a reasonable period. Copies already downloaded by other users, and any use those users have already made of them, will remain licensed to them and are not affected by removal.
We may remove, decline to publish, or restrict access to any Community Content at our discretion, including where we believe it breaches these Terms. If you believe published Community Content infringes your rights, see section 17.
We do not review or verify Community Content published by other users, and any views expressed in comments are those of the users who posted them. Effects obtained from the Community Library are provided without warranty of any kind, and section 9.3 applies to them as it does to Effects you generate yourself.
9.5 Connectivity and offline use
The core image and video engine, built-in Effects and Effect files already on your computer work offline and without an account.
Effect generation is an online service. It requires an internet connection and a signed-in account, depends on third-party services, and may be unavailable, degraded or changed at any time.
The PRO export features require the App to be signed in. If the App cannot sign in — because you are offline, because our authentication provider is unavailable, or for any other reason — it operates in signed-out mode, and the PRO export features are unavailable until sign-in succeeds. There is currently no offline grace period. You should take this into account if you intend to work somewhere without reliable connectivity.
This does not affect the duration of your subscription, and you are not entitled to a refund or credit for periods during which you were unable to sign in, except where the failure was caused by us and persisted for an unreasonable time, or where you have rights under section 16.
10. Acceptable use
You must not use the App, submit Prompts, or publish Community Content, to:
- create, process, generate or share material that is unlawful;
- infringe anyone's intellectual property, privacy or other rights;
- produce or post content intended to harass, defame, threaten or incite violence against any person or group;
- create material designed to deceive, such as content misrepresenting a real person or event in a harmful way;
- attempt to extract, reproduce or reverse engineer the underlying models, system instructions or infrastructure used to generate Effects;
- probe, scan, overload or interfere with our systems or those of our providers;
- circumvent Credit limits, licence checks or plan restrictions.
When publishing Effects or posting comments in the Community Library, you must also not post material that is unlawful, including child sexual abuse material, impersonate another person, post spam or advertising, publish anyone else's personal information, or disrupt discussion for other users.
You are solely responsible for Your Media, for the content of your Prompts, and for any Community Content you publish, and for ensuring you have the rights necessary to use them.
11. Privacy
Our Privacy Policy at octopuscinema.com/legal#Privacy_Policy explains what personal data we collect and how we use it. It forms part of these Terms.
12. Updates and changes to the App
We may release updates, and some updates may be required for the App to continue functioning correctly. We may add, change or remove features. We will not, without notice, remove a core feature that you are currently paying for; where we do, section 6 applies.
13. Suspension and termination
We may suspend or terminate your account and licence if:
- you materially breach these Terms, including section 10;
- we are required to do so by law or by a provider we depend on;
- your payment fails and remains unresolved (section 7.4).
Where the breach is capable of remedy and the circumstances allow, we will give you notice and an opportunity to fix it before terminating.
On termination, your account and any subscription end, and you lose access to Effect generation and the PRO export features. Unless we tell you otherwise, you may continue to use the features of the App that do not require an account. Effects already generated and stored on your own computer, and work you have already produced, are unaffected. The licence you granted us in section 9.4 survives termination in respect of any Community Content you published, which stays in the Community Library, though we will remove your username and the link to your account. Sections 4, 9.3, 9.4, 14, 15, 17 and 21, and any other provision intended to survive, will survive termination.
Where you have seriously or repeatedly breached section 10, we may also terminate your licence to the App entirely, in which case you must stop using it and remove it from your devices.
You may terminate at any time by cancelling your subscription and deleting your account, as described in sections 7.3 and 5.
14. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or compatible with any particular hardware, operating system, GPU or host application.
You are responsible for backing up Your Media and your projects. The App processes files on your own computer, and we are not responsible for loss or corruption of your files.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in this section limits your rights as a consumer (section 16).
15. Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded under the law that applies to you.
Subject to that:
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR CORRUPTION OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
- OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE APP IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) €50.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
If you are a consumer, the App is provided for private and professional use; where you use it for business purposes, we have no liability to you for business losses.
16. Your rights as a consumer
If you are a consumer, you may have rights under the law of the country where you live that cannot be excluded or limited by contract — for example, in relation to digital content that is faulty, not as described, or not supplied with reasonable skill and care. Nothing in these Terms affects those rights, and where they conflict with these Terms, those rights prevail.
- United Kingdom
- You have rights under the Consumer Rights Act 2015. Advice is available from Citizens Advice at citizensadvice.org.uk.
- European Union and EEA
- You have rights under EU consumer protection law, including in relation to non-conformity of digital content. You may also submit a complaint through the European Commission's Online Dispute Resolution platform, though we would prefer you contact us first at support@octopuscinema.com.
- United States
- Some states do not allow certain warranty disclaimers or limitations of liability, and you may have additional rights under the consumer protection law of your state.
- Elsewhere
- Any mandatory consumer protections of your country of residence apply in addition to these Terms.
If you are a California resident, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
17. Reporting infringing content
We respect intellectual property rights and expect users of the Community Library to do the same.
If you believe that Community Content published to the Community Library infringes your copyright or other rights, contact us at support@octopuscinema.com with:
- your name and contact details;
- identification of the right you hold and the work concerned;
- identification of the Community Content you say is infringing, with enough detail for us to locate it;
- a statement that you believe in good faith that the use is not authorised by you, your agent or the law; and
- a statement that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf.
On receipt of a valid notice we will review it, remove or disable access to the material where appropriate, and take reasonable steps to notify the user who published it. If you believe your material was removed in error, contact us and we will review the decision.
We may terminate the accounts of users who repeatedly infringe the rights of others.
18. Export controls and sanctions
You confirm that you are not located in, and are not a national or resident of, any country subject to comprehensive trade sanctions or embargoes, and that you are not named on any restricted or denied party list maintained by the United Kingdom, the European Union, the United States or the United Nations. You must not use, export or re-export the App in breach of any applicable export control or sanctions laws.
19. Changes to these Terms
We may update these Terms. If a change materially affects your rights, we will notify you by email or in the App at least 30 days before it takes effect. Continuing to use the App after that date means you accept the updated Terms. If you do not accept them, you may cancel your subscription and stop using the App.
20. General
- Assignment
- You may not transfer your rights under these Terms without our written consent. We may transfer ours to an affiliate or to a party acquiring our business, provided this does not reduce your rights.
- Entire agreement
- These Terms, together with the Plans page, the Privacy Policy and any refund policy, are the entire agreement between us regarding the App.
- Severability
- If any provision is found unenforceable, the remaining provisions continue in force.
- No waiver
- A delay in enforcing a right is not a waiver of it.
- Third parties
- Except as stated, no one other than you and us has any right to enforce these Terms.
- Force majeure
- We are not liable for failure to perform caused by events beyond our reasonable control.
21. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales, and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer, this does not deprive you of the protection of the mandatory consumer laws of the country where you live, and you may bring proceedings in your local courts where the law of that country gives you that right.
22. Contact
Peartree Studios Ltd (trading as OCTOPUSCINEMA)
Registered in England and Wales
Email: support@octopuscinema.com
End-User License Agreement
OCTOPUSCINEMA (trading name of PEARTREE STUDIOS LTD) products include all software products created by PEARTREE STUDIOS LTD and distributed at www.octopuscinema.com. This currently includes, but is not limited to, OCTOPUS RAW Studio.
PEARTREE STUDIOS LTD’S End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and PEARTREE STUDIOS LTD for the PEARTREE STUDIOS LTD software product identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and PEARTREE STUDIOS LTD, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
PEARTREE STUDIOS LTD grants you the right to install and use the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system(s) for which the SOFTWARE PRODUCT was designed [e.g., Mac OSX 10.9].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from PEARTREE STUDIOS LTD’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
PEARTREE STUDIOS LTD may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, PEARTREE STUDIOS LTD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by PEARTREE STUDIOS LTD or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by PEARTREE STUDIOS.
5. NO WARRANTIES
PEARTREE STUDIOS LTD expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. PEARTREE STUDIOS LTD does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. PEARTREE STUDIOS LTD makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. PEARTREE STUDIOS LTD further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall PEARTREE STUDIOS LTD be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use the SOFTWARE PRODUCT, even if PEARTREE STUDIOS LTD has been advised of the possibility of such damages. In no event will PEARTREE STUDIOS LTD be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. PEARTREE STUDIOS LTD shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Software Refund & Exchange
We want you to be happy with what you buy from us. This page explains when we will refund a purchase, how to request one, and what rights you have by law.
Try before you buy
We encourage you to fully evaluate our software before purchasing. OCTOPUS Colori can be installed and used without an account or payment. OCTOPUS RAW Studio runs in trial mode until you enter a valid licence key, so you can try it fully before you buy. Testing the software on your own footage and hardware is the best way to be sure it suits your workflow.
Who handles your refund
We sell through payment providers who act as the seller of record:
- OCTOPUS Colori — payments and refunds are handled by Paddle. Request a refund at paddle.net, or use the links in your Paddle receipt.
- OCTOPUS RAW Studio — payments and refunds are handled by FastSpring, who also send you your licence key. Request a refund using the link in your FastSpring receipt.
You can also contact us at support@octopuscinema.com and we will help.
Your legal rights
If you are a consumer in the UK or EU, you normally have 14 days from purchase to cancel and receive a refund. Because our software is digital content supplied immediately, you are asked at checkout to agree that supply begins straight away, and once you have downloaded or used the software that 14-day right no longer applies. This is a standard condition of receiving instant access.
Separately, and regardless of the above, you always have the right to a remedy if the software is faulty, not as described, or not of satisfactory quality. Consumers in other countries have similar rights under their own law. Nothing on this page limits those rights.
When we will refund
We will refund a purchase where:
- the software does not work as advertised, and we cannot resolve the problem in a reasonable time or offer an acceptable alternative;
- the software is not as described, or is not of satisfactory quality;
- you were charged in error, or charged twice.
We will normally try to fix the problem first. Please contact us before requesting a refund — most issues turn out to be quick to resolve, and we would rather get the software working for you.
When we may not refund
We may decline a refund where:
- you have changed your mind after downloading and using the software, and your statutory cancellation right no longer applies;
- the issue is a minor defect that does not materially affect your use of the software, and we have offered to fix it;
- the software does not run because your hardware or operating system does not meet the stated system requirements, which are published before purchase;
- there is evidence of repeated refund requests, licence sharing, or other misuse.
OCTOPUS Colori subscriptions
You can cancel your PRO subscription at any time. Cancellation takes effect at the end of your current billing period, and you keep PRO features until then. We do not refund part-months, and we do not automatically refund a renewal that you forgot to cancel — though if you contact us promptly after an unwanted renewal, we will consider it.
Credits are part of your subscription rather than something bought separately. They have no cash value and are not refundable, and unused Credits are not refunded when you cancel or downgrade.
Licence keys
If we refund an OCTOPUS RAW Studio purchase, the associated licence key is deactivated and the software returns to trial mode. Licence keys are for your own use and must not be shared or resold.
Exchanges and upgrades
If you have bought the wrong product or edition, contact us. Where a product is still eligible for a refund, we can usually arrange an exchange or apply the value toward the correct purchase instead.
How to complain
If you are unhappy with a refund decision, contact us at support@octopuscinema.com and we will review it. If you remain unhappy and you are a UK consumer, advice is available from Citizens Advice at citizensadvice.org.uk. If you are an EU consumer, you may use the European Commission's Online Dispute Resolution platform.
Last updated September 2, 2026