Terms and Conditions
Effective Date: 11/15/2025
These Generator Terms of Service (“Terms”) form a binding agreement between you (“Generator,” “you,” or “your”) and OctopusTech, Inc. (“Octopus,” “we,” “us,” or “our”) regarding your access to and use of the Generator Portal, OCTO 365, OCTO Connect, the Octopus website, and all related services, tools, applications, and communications (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must cease all use of the Services.
1. Relationship Between Generator, Transporter, and Octopus
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Octopus is a software provider, not a medical waste transporter.
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Generators contract directly with transporters for services such as medical waste disposal, document destruction, pharmaceutical waste disposal, sharps handling, chemotherapy waste, and related regulated waste services.
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Octopus provides the digital platform used to:
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Schedule services
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Exchange manifests and tracking documentation
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Receive invoices
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Communicate with transporters
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Access account information
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Submit subcontractor or service requests
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Octopus does not supervise, monitor, or control:
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Transporter operations
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Driver compliance
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Waste collection, handling, or disposal activities
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Service frequencies, pricing, or terms negotiated between generators and transporters
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Transporters remain solely responsible for compliance with federal, state, and local regulations governing regulated waste.
2. Access & Account Responsibilities
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To access the Generator Portal or OCTO 365, you must create and maintain an active account.
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You agree to provide accurate, complete, and up-to-date information, including:
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Facility information
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Service contacts
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Email addresses
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Phone numbers
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Required regulatory identifiers
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You are responsible for maintaining the security of your login credentials.
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You must immediately notify your transporter or Octopus of any unauthorized access.
3. Use of Services
You may use the Services only for lawful purposes and only in connection with your relationship with your transporter. Prohibited uses include, but are not limited to:
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Attempting to access or view transporters’ confidential information
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Interfering with system functionality
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Misusing invoicing or documentation systems
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Uploading hazardous or malicious content
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Providing false or misleading data through the Generator Portal
Octopus reserves the right to suspend or terminate access for misuse.
4. Digital Communications & Notifications
By using the Services, you consent to receiving electronic communications, which may include:
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Service reminders and completion notices
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Attempted service alerts (location closed, access denied, etc.)
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Invoices and payment notices
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Past-due or account suspension notices
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Portal messages from your transporter
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Updates on manifest availability or regulatory documentation
These communications may be delivered by email, SMS, system notification, or through OCTO 365.
5. Payment Obligations
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Payment terms, fees, service frequencies, and billing structures are established by your transporter, not by Octopus.
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Octopus provides the invoicing platform but is not a party to any payment dispute between you and your transporter.
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Failure to pay may result in:
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Service suspension
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Late fees or penalties (as defined by your transporter)
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Escalation or collections handled by your transporter
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You agree that transporters may use OCTO 365 to send payment reminders, overdue notices, or account suspension emails.
6. Service Scheduling & Operational Data
You acknowledge that:
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Transporters control scheduling, route design, service frequencies, and operational logistics.
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All service dates displayed in the Generator Portal are subject to change based on transporter operations.
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Service confirmation data-such as timestamps, weights, container counts, route names, and driver names-are supplied by the transporter.
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Octopus does not independently verify field logs, signatures, weights, or completion data.
7. Documentation & Compliance Records
The Services may provide access to:
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Regulated Medical Waste manifests
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Chain-of-custody documentation
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Consolidated shipment documents
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Certificates of destruction
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Transfer receipts
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Historical service data
Generators are responsible for:
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Downloading and maintaining required records
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Meeting regulatory retention requirements
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Ensuring their facility information is accurate for regulatory reporting
Octopus makes reasonable efforts to store documents but does not guarantee long-term archival storage beyond system requirements.
8. OCTO Connect & Marketplace Interactions
Generators acknowledge that:
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OCTO Connect is a communications and brokerage platform only.
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Octopus does not validate transporter qualifications, licenses, pricing, or regulatory compliance.
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Any subcontractor relationships formed through OCTO Connect are strictly between the generator, transporter, and subcontractor.
9. Data Ownership & Usage Rights
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Generators retain ownership of all facility data submitted.
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Transporters retain ownership of operational and service data generated in the field.
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Octopus may use anonymized, aggregated data for:
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Platform improvement
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Analytics
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Industry benchmarking
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Regulatory or compliance reporting (if legally required)
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Octopus does not sell identifiable generator information.
10. System Availability & Performance
Octopus strives for continuous uptime but does not guarantee:
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Uninterrupted access
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Error-free software operation
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Data accuracy transmitted by external parties
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Recovery of data lost due to third-party issues or generator errors
Scheduled maintenance, outages, or integrations may temporarily disrupt access.
11. Termination & Suspension
Octopus or your transporter may suspend or terminate your account if:
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You violate these Terms
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You misuse the portal
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Your account is past due per transporter policy
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Required account information is inaccurate or unmaintained
Upon termination, access to system records may be limited.
12. Disclaimers
The Services are provided “as is” and “as available.”
Octopus disclaims all warranties, whether express or implied, including:
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Fitness for a particular purpose
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Merchantability
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Error-free or uninterrupted operation
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Accuracy of transporter-provided data
Transporters are solely responsible for compliance with all regulated medical waste laws.
13. Limitation of Liability
To the maximum extent permitted by law:
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Octopus is not liable for bodily injury, property damage, regulatory penalties, or environmental harm resulting from transporter actions or generator misuse.
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Octopus is not liable for financial losses related to:
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Missed pickups
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Incorrect service frequencies
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Billing errors originating from transporters
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Miscommunications or delays
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Octopus has no liability to the generator or transporter for any claim. .
14. Indemnification
You agree to indemnify and hold harmless Octopus from claims arising out of:
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Your use or misuse of the Services
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Your violations of these Terms
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Your regulatory non-compliance
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Disputes between you and any transporter or subcontractor
15. Privacy
Your use of the Services is also governed by the Octopus Privacy Policy, which explains how data is collected, stored, and used. The Privacy Policy is incorporated into these Terms by reference.
16. Dispute Resolution & Arbitration
Except where prohibited by law:
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All disputes must first be addressed through good-faith negotiation
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If unresolved, disputes will be settled through binding arbitration as outlined in the Octopus Transporter TOS
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Class actions and jury trials are waived to the maximum extent permitted by law
17. Changes to These Terms
Octopus may update or modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the revised Terms.
18. Contact Information
If you have any questions about the Services, please do not hesitate to contact us at info@octopussaas.com
