Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the CacheMash mobile applications, websites, and related services (collectively, the “Service”), operated by CacheMash, LLC, a New York limited liability company (“CacheMash,” “we,” “us,” or “our”). By creating an account, clicking “I Agree,” or using the Service, you agree to be bound by these Terms.

Headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.” The singular includes the plural and vice versa. Any ambiguities shall not be construed against CacheMash as the drafting party.

Eligibility

The Service is intended for users who are at least thirteen (13) years old. By using the Service, you represent and warrant that you are at least thirteen (13) years of age. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. CacheMash does not knowingly collect personal information from children under the age of thirteen (13).

Accounts

You are responsible for safeguarding your credentials and for all activity under your account. CacheMash is not responsible for any unauthorized access to your account.

Service Availability and Changes

We may modify, suspend, or discontinue any part of the Service at any time without liability.

User Content and License

You retain ownership of content you submit (“User Content”). You grant CacheMash a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, analyze, modify, transform, create derivative works from, and use User Content solely to operate, improve, and provide the Service. You represent that you have all rights necessary to provide User Content and that it does not infringe third-party rights. CacheMash does not endorse, control, or assume responsibility for User Content.

Ownership of the Service

The Service, including all software, technology, AI systems, algorithms, interfaces, designs, trademarks, and other intellectual property embodied in or associated with the Service, is and shall remain the exclusive property of CacheMash and its licensors. Except for the limited rights expressly granted under these Terms, no rights, licenses, or ownership interests are granted to you, whether by implication, estoppel, or otherwise.

Acceptable Use

You agree not to use the Service in any manner that violates applicable law or these Terms. Without limiting the foregoing, you agree that you will not, and will not permit any third party to:
(a) upload, save, submit, transmit, generate, or otherwise make available any User Content or other content that infringes, misappropriates, or otherwise violates any intellectual property or proprietary rights of any person or entity;
(b) use the Service or any AI Features to generate, summarize, transform, or disseminate content in a manner that violates applicable law or third-party rights;
(c) interfere with, disrupt, or attempt to gain unauthorized access to the Service or its related systems or networks;
(d) use automated scripts, bots, scrapers, or similar means to access, extract, or collect data from the Service, except as expressly permitted by CacheMash;
(e) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying models of the Service or any AI Features;
(f) circumvent, disable, or interfere with security-related features or usage limits of the Service; or
(g) use the Service for any unlawful, fraudulent, deceptive, or abusive purpose.
CacheMash reserves the right to suspend or terminate access for any violation of this section.

Artificial Intelligence Features

The Service includes AI features. CacheMash has no obligation to review, filter, correct, or verify AI outputs. AI outputs may be inaccurate, incomplete, biased, or resemble existing works and are provided “as is.” You are solely responsible for evaluating and using AI-generated content, including determining whether such content infringes third-party rights.

You acknowledge and agree that you acquire no ownership or proprietary interest in the Service, including any underlying software, algorithms, models, or AI systems used to provide the Service or the AI Features. All rights, title, and interest in and to the foregoing are and shall remain exclusively with CacheMash and its licensors.

You acknowledge that AI-generated outputs may be similar or identical to content generated for other users, and that such similarity does not confer any rights in such outputs.

Assumption of the Risk

You expressly acknowledge and agree that your use of the Service, including any AI Features and any outputs generated through the Service, is at your sole risk. You assume full responsibility for all decisions made, actions taken, and results obtained based on your use of the Service, including reliance on any information, summaries, or generated content. CacheMash does not assume any responsibility for your use of or reliance on the Service or any outputs produced through it.

No Reliance

You acknowledge that you do not rely on the Service, including any AI Features or outputs, as a substitute for independent judgment, professional advice, or your own evaluation. CacheMash does not provide legal, financial, medical, or other professional advice, and no information provided through the Service creates any duty or obligation on the part of CacheMash.

Subscriptions and Billing

Certain features of the Service may be offered on a subscription basis for a recurring fee. Subscription plans, pricing, billing frequency, and available features will be disclosed to you at the time you subscribe.

(a) Automatic Renewal.
Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. By subscribing, you authorize CacheMash, or the applicable third-party platform through which you purchased the subscription, to charge the applicable subscription fees and any applicable taxes on a recurring basis using your selected payment method.

(b) Billing and Payment Processing.
All payments for subscriptions purchased through third-party platforms, including the Apple App Store or Google Play Store, are processed by the applicable platform and are subject to that platform’s terms, conditions, and payment policies. CacheMash does not process payments or store payment information for subscriptions purchased through third-party platforms.

(c) Cancellation.
You may cancel your subscription at any time through your account settings with the applicable third-party platform. Cancellation will take effect at the end of the then-current billing period. Deleting the Service, deleting your account, or discontinuing use of the Service does not cancel your subscription. CacheMash does not have the ability to cancel subscriptions purchased through third-party platforms on your behalf.

(d) Refunds.
Subscription fees are non-refundable except as required by applicable law or as expressly permitted by the applicable third-party platform’s refund policies. CacheMash does not issue refunds for subscriptions purchased through third-party platforms.

(e) Price and Plan Changes.
CacheMash reserves the right to modify subscription plans, pricing, or available features at any time, subject to applicable law and third-party platform rules. Any changes will apply prospectively and will not affect the current billing period.

(f) Third-Party Platform Supremacy.
If you purchase a subscription through a third-party platform, that platform’s terms and policies govern billing disputes, refunds, payment authorization, and cancellation. In the event of any conflict between those terms and these Terms, the third-party platform’s terms shall control with respect to payment-related matters.

Termination

(a) CacheMash may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including if you violate these Terms. You may stop using the Service at any time. CacheMash shall have no liability to you for any suspension or termination of your access.

(b) Upon termination or suspension of your access, your right to use the Service will immediately cease. CacheMash may delete or retain User Content in accordance with its policies and applicable law and has no obligation to maintain or provide access to User Content following termination.

DMCA and Copyright

CacheMash respects the intellectual property rights of others and expects users to do the same. It is CacheMash’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
If you believe that content available through the Service infringes a copyright you own or control, you may submit a notification of claimed infringement to CacheMash’s designated agent containing the information required by the DMCA.
CacheMash may remove or disable access to allegedly infringing content and may terminate, in appropriate circumstances, users who are repeat infringers.
Counter-notifications may be submitted in accordance with the DMCA.
Designated DMCA Agent:

[DMCA Agent]

[dmca@cachemashapp.com]
[CacheMash, LLC address]

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

Limitation of Liability

To the maximum extent permitted by applicable law, CacheMash shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or relating to your access to or use of the Service, User Content, AI outputs, or any third-party content, even if CacheMash has been advised of the possibility of such damages.
To the maximum extent permitted by law, CacheMash’s total liability for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of the amounts paid by you to CacheMash in the twelve (12) months preceding the claim or one hundred dollars (US $100).

User Release

To the maximum extent permitted by applicable law, you release CacheMash and its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, losses, or liabilities of any kind arising out of or related to your use of the Service, including any User Content, AI outputs, or interactions with third-party content.

Indemnification

You agree to defend, indemnify, and hold harmless CacheMash and its officers, directors, employees, agents, and affiliates from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use of or access to the Service;
(b) your User Content or any AI outputs generated, used, or relied upon by you;
(c) your violation of these Terms or applicable law; or
(d) your infringement, misappropriation, or violation of any intellectual property or other rights of any third party.

CacheMash reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with CacheMash in asserting any available defenses. You may not settle any claim without CacheMash’s prior written consent if such settlement imposes any obligation or liability on CacheMash.

Arbitration and Class Action Waiver

(a) Arbitration Agreement
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or enforceability thereof (each, a “Dispute”), shall be resolved by binding arbitration on an individual basis and not in a court of law.

(b) Governing Rules and Forum
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Arbitration may be conducted remotely by videoconference, telephone, or written submissions, unless the arbitrator determines that an in-person hearing is necessary.

(c) Delegation of Authority
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

(d) Class Action Waiver
You and CacheMash agree that any Dispute shall be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or award relief to any person or entity other than the individual parties to the arbitration.

(e) Equitable Relief
Notwithstanding the foregoing, CacheMash may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or address actual or threatened misuse, infringement, or misappropriation of its intellectual property or confidential information.

(f) Severability
If any portion of this Arbitration Agreement or Class Action Waiver is found unenforceable, that portion shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law.

(g) Survival
This Arbitration Agreement shall survive termination of your use of the Service and these Terms.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Force Majeure

CacheMash shall not be liable for failure to perform due to events beyond its reasonable control.

Assignment

You may not assign these Terms without consent. CacheMash may assign freely.

Severability

If any provision is unenforceable, the remaining provisions shall remain in effect.

Waiver

Failure to enforce any provision is not a waiver.

Entire Agreement

These Terms constitute the entire agreement between you and CacheMash regarding the Service.

Survival

Termination or expiration of your access to the Service shall not limit or affect any rights or remedies available to CacheMash. All provisions of these Terms that by their nature should survive termination or expiration shall survive, including, without limitation, provisions relating to ownership and intellectual property rights, disclaimers of warranties, limitations of liability, indemnification obligations, arbitration agreements, governing law, and any other provisions intended to survive termination.

Contact

Legal contact: [legal@cachemashapp.com]. Company address: [CacheMash, LLC address].