Acceptance of Terms of Use

The provision of the Service is contingent upon the unaltered acceptance of these Terms of Use, as well as any other operational regulations, policies, and procedures that may be issued by CASCAID. Furthermore, certain services made available through the Service may be subject to supplementary Terms of Use stipulated by CASCAID. Your utilization of said services shall be governed by the aforementioned additional Terms of Use, which are hereby incorporated into these Terms of Use by reference.

CASCAID reserves the sole discretion to refuse the provision of Services to any individual or entity and may modify its eligibility criteria at any given time. It is important to note that this provision is null and void in jurisdictions where prohibited by law, and the right to access the Service is hereby revoked in such jurisdictions.

Digital Millennium Copyright Act (DMCA) and Takedowns Policy

CASCAID employs artificial intelligence systems for the creation of Digital Assets, which may inadvertently bear resemblance to copyrighted material or trademarks owned by third parties. We hold utmost respect for rights holders on an international scale, and we kindly request our users to adhere to the same principles. Should you suspect that the Service is infringing upon your copyright or trademark, we encourage you to notify us at support@cascaid.io. Upon receipt of your complaint, we will diligently process and investigate the matter, taking appropriate actions in accordance with the Digital Millennium Copyright Act and any other applicable laws governing intellectual property, to address any alleged or proven infringement.

Modification of Terms of Use

CASCAID reserves the exclusive right to modify or substitute any of the Terms of Use, as well as alter, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at its sole discretion. Such modifications or changes shall be made known by means of a notice posted on the CASCAID websites or through email notifications. Additionally, CASCAID may impose limitations on specific features and services, or restrict access to certain portions or the entirety of the Service, without prior notice or liability. It is the user's responsibility to periodically review the Terms of Use for any amendments. The continued utilization of the Service subsequent to the publication of any changes to the Terms of Use shall signify acceptance of said changes.

Trademarks and Patents

All logos, marks, and designations associated with CASCAID are trademarks or registered trademarks exclusively owned by CASCAID. Any other trademarks mentioned on this website are the rightful property of their respective owners. The trademarks and logos showcased on this website may not be utilized without obtaining prior written consent from CASCAID or the respective owners. Certain portions, features, and/or functionalities of CASCAID's products may be safeguarded by CASCAID patent applications or granted patents.

Licensing Terms

Provided that you comply with this Agreement, the conditions outlined herein, and any legally imposed limitations, the following licensing terms shall apply:

(i) Paying Subscribers are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and freely revocable license to access and utilize the Service for personal or business purposes.
(ii) Paying Subscribers retain ownership of all Assets created through the use of the Services.
(iii) We hereby assign to Paying Subscribers all rights, title, and interest in and to such Assets for personal or commercial use.
(iv) Free Tier subscribers are also granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and freely revocable license to access and use the Service solely for personal use, excluding any business or commercial use.

Except as expressly granted under these Terms of Use, CASCAID reserves all rights. Each user must possess a unique account, and each user is responsible for any activities conducted on their respective accounts. Any breach or violation of our Terms of Use may result in the immediate termination of the user's right to utilize our Service. By using the Services, you grant CASCAID, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, and irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works of, publicly display, publicly perform, sublicense, and/or distribute the text prompts and images you input into the Services or the Assets produced by the Service under your direction.

This license authorizes CASCAID to make the Assets available to the public and use such Assets as necessary to provide, maintain, promote, and enhance the Services, as well as to comply with applicable laws and enforce CASCAID policies. The user acknowledges that this license is granted without any compensation from CASCAID for the submission or creation of Assets, as the user's use of the Services is deemed sufficient compensation for the granted rights herein. Additionally, the user grants other users of the Service a worldwide, non-exclusive, royalty-free license to access publicly available Assets through the Service and utilize those Assets (including reproduction, distribution, modification, display, and performance) solely as enabled by a feature of the Service. The license granted to CASCAID remains valid even after the termination of this Agreement by any party, for any reason.

Fees and Payments

CASCAID provides a free and paid Service. Users have the option to subscribe on a monthly or annual basis, with payments to be made in U.S. dollars. Subscriptions will automatically renew based on the chosen billing cycle. Users may terminate their usage of the Service and cancel their subscription at any time by accessing the website or by contacting us via email at support@cascaid.io. Upon cancellation, users will not receive refunds or credits for any previously billed or paid amounts. CASCAID reserves the right to modify its pricing at any time. However, for users on a subscription plan, pricing changes will not be applicable until the next renewal date or thirty (30) days after notice, whichever is later.

In the event that a user's outstanding Fees remain unpaid, we may suspend access to the Services after providing written notice of the late payment. Users are prohibited from creating multiple accounts to take advantage of the Free tier of our Services. If we determine that a user is not utilizing the Free tier in good faith, we may impose standard fees or revoke access to the Services.

Rules and Conduct

By using the Service, users agree not to engage in any activities that violate the Terms of Use. Such activities include, but are not limited to:

(i) Actions that contravene applicable laws, rules, or regulations.
(ii) Infringement upon the intellectual property or other rights of any individual or entity.
(iii) Engagement in threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, obscene, offensive, self-harming, or profane behavior.
(iv) Creation of Assets that exploit or harm children.
(v) Generation or dissemination of false information with the intent to harm others.
(vi) Impersonation or attempted impersonation of others.
(vii) Creation or dissemination of personally identifiable information.
(viii) Production of Assets that imply or promote support of a terrorist organization.
(ix) Development of Assets that endorse or incite violence against individuals based on protected legal categories.

Furthermore, users shall not:
(i) Engage in actions that place an unreasonable or disproportionately large load on CASCAID's infrastructure or that of its third-party providers.
(ii) Interfere or attempt to interfere with the proper functioning of the Service or any activities conducted therein.
(iii) Circumvent any measures implemented by CASCAID to prevent or restrict access to the Service or its components.
(iv) Extract data from the Services using methods such as web scraping, web harvesting, or web data extraction, except as permitted through an allowable API.
(v) Reverse assemble, reverse compile, decompile, translate, or otherwise attempt to uncover the source code or underlying components of models, algorithms, and systems used in the Services, unless permitted by applicable law.
(vi) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any content contained therein, without obtaining express written permission from us.

Termination

CASCAID reserves the right to terminate a user's access to the Service, either in part or in its entirety, at any time if the user fails to comply with these Terms of Use. Such termination may result in the forfeiture and destruction of all information associated with the user's account. Additionally, either party may terminate the Services for any reason and at any time upon providing written notice. To terminate their account, users must follow the instructions provided on the Service. Any fees paid by the user are non-refundable. Upon termination, all rights and licenses granted to the user under this Agreement shall immediately cease. However, provisions of this Agreement that, by their nature, should survive termination, including warranty disclaimers, indemnity, and limitations of liability, shall continue to apply.

Indemnification

The user agrees to defend, indemnify, and hold CASCAID, its affiliates, and each of its employees, contractors, directors, suppliers, and representatives harmless from any liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or relating to (i) the user's use or misuse of, or access to, the Service, or (ii) the user's violation of the Terms of Use or any applicable law, contract, policy, regulation, or other obligation. CASCAID reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user. In such cases, the user will provide full assistance and cooperation to CASCAID.

Limited Liability

UNDER NO CIRCUMSTANCES SHALL CASCAID, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) ANY RELIANCE PLACED BY A USER ON THE SERVICE, OR (III) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY A USER FOR THE SERVICE, OR $500 (FIVE HUNDRED US DOLLARS), WHICHEVER IS GREATER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, INCLUDING THE CASCAID WEB APP AND ANY CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CASCAID DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CASCAID ALSO DISCLAIMS ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

The Terms of Use constitute the entire agreement between you and CASCAID regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the Terms of Use will otherwise remain in full force and effect. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights. CASCAID shall not be liable for any failure to perform its obligations herein due to causes beyond CASCAID's reasonable control. The Terms of Use are personal to you and may not be assigned or transferred by you without CASCAID's prior written consent.

CASCAID may assign, transfer, or delegate its rights and obligations under the Terms of Use without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use, and neither party has authority to bind the other. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed duly given when received, if personally delivered or sent by certified or registered mail with a return receipt requested, when receipt is electronically confirmed if transmitted by email, or two days after it is sent if sent for next-day delivery by recognized overnight delivery service.

Contact Us

For questions regarding the Service, you can get in touch by emailing us at support@cascaid.io.