Terms of Service

Welcome to Castofi. These Terms of Service ("Terms") govern your access to and use of the Castofi platform, including our website, services, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Services.

For the purposes of these Terms:

• "Service" refers to the Castofi platform and all related services.
• "User" refers to any individual or entity that accesses or uses the Service.
• "Content" refers to any text, audio, video, or other material uploaded, created, or generated through the Service.
• "AI Voice" refers to the artificial intelligence-generated voices available through the Service.

To use our Services, you must:

• Be at least 13 years old or have parental consent
• Provide accurate and complete information when creating an account
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Comply with all applicable laws and regulations

When using our Services, you agree to:

• Scope: The Service enables secure document and audio file sharing, tracking, and management through Castofi virtual studios. Features include detailed analytics, granular access controls, and third-party integrations to enhance your workflow.
• Modifications: We reserve the right to update the Service and these Terms. For any changes that materially reduce Service functionality, we will provide advance notice. You may terminate your agreement within 30 days of such notice if you do not accept the changes.
• Support: We provide technical support during standard business hours. However, we are not liable for issues arising from Service misuse, third-party software conflicts, unauthorized access attempts, or circumstances beyond our reasonable control (force majeure).
• Availability: We strive to maintain 99.5% Service availability, excluding planned maintenance windows and unforeseen outages. We will communicate scheduled maintenance periods in advance through our status page and email notifications.
• License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our software. Any open-source components included in the Service are subject to their respective license terms.
• Third-Party Services: The Service may integrate with or provide links to third-party platforms to enhance functionality. We do not control and are not responsible for the terms, availability, or performance of these third-party services.

Registration: You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity that occurs under your account.

Users: Each account is for a single user only. You may assign different user roles within your organization. Administrators can manage other users within their licensed limits.

Access Security: Each account is for a single user only. You may assign different user roles within your organization. Administrators can manage other users within their licensed limits.

Acceptable Use: You agree not to:

• Violate any applicable laws or third-party rights
• Use the Service for spamming, harassment, or content infringement
• Overload our systems or attempt unauthorized access
• Reverse engineer, copy, modify, or create derivative works of the platform
• Share your account credentials with others or allow unauthorized access

Ownership: You retain ownership of all data uploaded ("Customer Data"). You grant Castofi a license to host and process this data for the purpose of delivering the Service.

Audio Files: You are responsible for ensuring you have all necessary rights and legal compliance for any audio content uploaded. We disclaim liability for any loss, corruption, or misuse of such content.

Data Retention: Upon account termination, we retain your data for 30 days to allow for potential reactivation. After this period, all data will be permanently deleted from our systems.

AI-Powered Features: Our platform includes AI-enhanced features such as auto-tagging and transcription. While we strive for accuracy, we do not guarantee the output of these AI features. You assume full responsibility for reviewing and validating AI-generated results before use.

Subprocessors: We may engage trusted subprocessors for hosting, analytics, or AI services. All subprocessors are contractually bound by data protection obligations at least as protective as those in these Terms.

Data Analytics: To improve our Service, we may collect and analyze anonymized, aggregated usage data that cannot be linked back to individual users or their content.

Definition: Confidential Information includes all non-public information, data, documents, and materials disclosed or made available during the use of our Service. This includes but is not limited to business information, technical specifications, and user data.

Exclusions: Information is not considered confidential if it:

• Was already known prior to disclosure or lawfully obtained from a third party
• Is or becomes publicly available through no fault of the receiving party
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

Protection: Both parties agree to:

• Protect confidential information using industry-standard security measures
• Limit access to authorized personnel who need to know
• Use confidential information solely for providing or using the Service
• Promptly notify the other party of any unauthorized disclosure

Duration: Confidentiality obligations remain in effect during the Service term and continue for three years after termination. Any trade secrets shall be protected indefinitely.

Security Practices: We implement industry-standard security measures including:

• End-to-end encryption for data in transit and at rest
• Multi-factor authentication
• Regular security audits and penetration testing
• Access logging and monitoring

Customer Responsibilities: You agree to:

• Maintain strong passwords and keep them confidential
• Implement appropriate access controls for your users
• Promptly report any security incidents or suspicious activity
• Keep your systems and software up-to-date

Breach Notification: In the event of a data breach affecting your information:

• We will notify you within 72 hours of discovery
• Provide details about the nature and scope of the breach
• Take immediate steps to contain and remediate the incident
• Cooperate fully with any investigation and mitigation efforts

Fees: All fees are listed in your Order Form and are non-refundable unless otherwise required by applicable law.

Billing: Payment can be made via credit card or wire transfer. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Auto-Renewal: Your subscription will automatically renew at the end of each subscription period unless cancelled at least 30 days before the renewal date. We will notify you of upcoming renewals via email.

Taxes: You are responsible for all applicable taxes, duties, levies, charges and similar fees imposed by any government entity in connection with your subscription.

Our IP: Castofi retains all right, title and interest in and to the platform, including all related intellectual property rights. This includes our services, branding, software, and any modifications or improvements thereof.

Feedback: By submitting suggestions, enhancement requests, recommendations or other feedback ("Feedback"), you grant Castofi a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our services.

By You: You will indemnify Castofi from claims resulting from your content, your breach of the Terms, or violations of laws.

By Us: We will indemnify you for claims that our platform infringes third-party IP rights, unless such claims arise from misuse or third-party integrations.

Cap: Castofi's liability is limited to the amount paid by you in the prior 12 months.

Exclusions: We are not liable for:

• Loss of data, especially audio files
• Indirect, incidental, punitive, or consequential damages
• Delays or failures due to the internet or third-party providers

No Liability for Use Errors: We are not responsible for your configuration, user conduct, or unauthorized modifications.

Termination by You: You may cancel with 30 days' notice. Paid fees are non-refundable.

Termination by Us: We may terminate for:

• Breach of these Terms
• Refusal to comply with modifications
• Overdue payments
• Legal obligation

Effect: All access will end upon termination. Confidentiality, ownership, indemnity, and liability limits will survive.

Export Compliance: You may not use the Service in violation of export laws, trade sanctions, or with prohibited countries.

Sanctions: You represent that you are not a restricted party under any international sanctions list.

Jurisdiction: These Terms are governed by the laws of the State of Delaware, USA.

Arbitration: Disputes will be resolved through binding arbitration in New Castle County, Delaware, in accordance with AAA Rules.

Injunctive Relief: Either party may seek injunctive relief for IP or misuse issues in court.

Time to File: Claims must be filed within 12 months of the incident.

Force Majeure: Neither party is liable for delays due to causes beyond their control.

Amendments: We may amend these Terms by posting updated versions. Material changes will be notified in advance.

Assignment: You may not assign rights without consent. We may assign without restriction.

Audit Rights: You may audit our compliance with these Terms once annually with 30 days' notice.

Entire Agreement: These Terms and any Order or DPA represent the full agreement between the parties.

Severability: If any provision is invalid, the rest remains enforceable.

Publicity: You grant us the right to list your company name and logo as a Castofi customer unless you request otherwise.

Contact: All notices should be directed to legal@castofi.com

If you have any questions about these Terms, please contact us at: