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Terms of Service

Last Updated: January 2024

Caspile LLC — Legal Information

IMPORTANT: Please read these Terms of Service carefully before using caspile.com. By accessing or using our service, you agree to be bound by these terms. If you do not agree to these terms, please do not use our service.

1. Agreement to Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Caspile LLC ("Company", "we", "us", "our") regarding your use of the caspile.com website and service ("Service").

By accessing caspile.com or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you disagree with any part of these Terms, you may not access the Service.

2. Service Description

Caspile LLC operates caspile.com, a digital platform that provides artificial intelligence-powered image generation services through a prepaid credit-based payment system. Our Service enables users to:

  • Purchase digital credits through secure payment processing
  • Generate AI-created images using purchased credits
  • Manage account balances and access generation history

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, at our sole discretion.

3. Account Creation and Management

3.1 Automatic Account Registration

When you make your first credit purchase on caspile.com, an account is automatically created using the email address provided during the payment transaction. The initial account password is set to match your email address for convenience.

3.2 Account Security and Responsibility

You are solely responsible for:

  • Maintaining the confidentiality and security of your account credentials
  • All activities and transactions that occur under your account
  • Ensuring your registered email address remains valid and accessible
  • Promptly notifying us of any unauthorized access or security breaches
  • Changing your password after initial login to enhance security

3.3 Account Access

You may access your account at any time by logging in with your registered email address and password. We recommend changing your password from the default (email address) to a secure, unique password after first login.

4. Credit System and Payment Terms

4.1 Credit Purchase

Credits are available for purchase through our platform at the rate of $1.00 USD = 2 Credits. All payments are processed securely through Stripe, Inc., our third-party payment processor. Caspile LLC does not store, process, or have access to your complete payment card information.

4.2 Credit Usage

Each AI image generation requires the expenditure of 1 credit. Credits are deducted immediately upon successful generation request submission, regardless of whether the generated image meets your expectations or desired quality standards.

4.3 Credit Validity and Expiration

Purchased credits do not expire unless otherwise stated at the time of purchase. We reserve the right to modify this policy with thirty (30) days' written notice via email to your registered address.

4.4 No Refunds for Used Credits

Credits that have been used to generate images are non-refundable. Refunds may be available for unused credits under certain circumstances as detailed in our Refund Policy.

4.5 Pricing and Currency

All prices are displayed in United States Dollars (USD). We reserve the right to modify pricing at any time, but such changes will not affect credits already purchased and available in your account.

4.6 Payment Responsibility

You are responsible for all charges incurred through your account, regardless of who uses your account. You agree to pay all applicable fees and taxes associated with credit purchases.

5. AI Image Generation Service

5.1 Service Availability

While we strive to maintain continuous Service availability, we do not guarantee uninterrupted, error-free, or secure operation. The Service may be temporarily unavailable due to maintenance, technical issues, force majeure events, or circumstances beyond our reasonable control.

5.2 No Quality Guarantees

IMPORTANT DISCLAIMER: Caspile LLC does not warrant, guarantee, or promise that generated images will:

  • Meet your expectations or requirements
  • Match your input prompt exactly
  • Be suitable for any particular purpose
  • Be free from defects, errors, or imperfections
  • Be appropriate for commercial or personal use

Image generation results vary significantly based on prompt quality, AI model capabilities, system limitations, and other factors beyond our control.

5.3 Usage Rights

Upon successful generation, you receive a non-exclusive license to use the generated images for your purposes. However, you do not obtain exclusive rights, and similar images may be generated for other users based on similar prompts.

5.4 Content Moderation

We reserve the right to refuse, reject, or cancel generation requests for prompts that violate our content policies, applicable laws, or community standards, as outlined in Section 6 of these Terms.

6. Prohibited Uses and Content

You agree not to use the Service to generate, request, or create content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of privacy rights
  • Promotes hate speech, discrimination, violence, or criminal activity
  • Infringes upon intellectual property rights, including copyrights, trademarks, or publicity rights
  • Depicts explicit sexual content, pornography, or content that exploits or harms minors
  • Impersonates real individuals without their consent or authorization
  • Is designed for fraudulent purposes, deception, or to mislead others
  • Violates any applicable local, state, national, or international laws or regulations
  • Attempts to reverse engineer, decompile, or extract our AI models or proprietary technology
  • Uses automated systems, bots, scripts, or unauthorized means to access or exploit the Service
  • Interferes with, disrupts, or damages the Service, servers, or networks connected to the Service
  • Circumvents payment systems, pricing structures, or account restrictions

Violation of these prohibitions may result in immediate account termination, forfeiture of all credits, and legal action where appropriate.

7. Intellectual Property Rights

7.1 Service Ownership

All content, features, functionality, trademarks, service marks, logos, and other intellectual property displayed on or accessible through caspile.com are the exclusive property of Caspile LLC or its licensors. These are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 User-Generated Content

By submitting prompts or other content through our Service, you grant Caspile LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and analyze such content solely for the purpose of providing, operating, maintaining, and improving our Service.

7.3 Generated Images

You acknowledge that AI-generated images may incorporate elements from training data that includes copyrighted material. While you may use generated images for your purposes, you are solely responsible for ensuring such use does not infringe upon third-party intellectual property rights or violate applicable laws.

8. Account Termination

8.1 Termination by You

You may discontinue use of the Service at any time. Unused credits may be eligible for refund under our Refund Policy, subject to applicable terms and conditions.

8.2 Termination by Caspile LLC

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason including but not limited to:

  • Breach of these Terms of Service
  • Fraudulent, illegal, or unauthorized activity
  • Payment disputes, chargebacks, or payment failures
  • Violation of content policies or prohibited uses
  • Extended periods of account inactivity
  • Abuse of the Service or other users

8.3 Effect of Termination

Upon termination, your right to access and use the Service immediately ceases. Any credits remaining in your account may be forfeited unless eligible for refund under our Refund Policy. All provisions of these Terms that by their nature should survive termination shall survive.

9. Limitation of Liability

IMPORTANT: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASPILE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any errors or omissions in any content or materials
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Service
  • Any bugs, viruses, trojan horses, or the like that may be transmitted through our Service
  • Any failure to meet quality expectations for generated images

In no event shall our total cumulative liability to you for all damages exceed the amount you paid to Caspile LLC in the twelve (12) months preceding the claim, or $100.00 USD, whichever is greater.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Caspile LLC does not warrant that:

  • The Service will be available at any particular time or location
  • The Service will be secure, uninterrupted, or error-free
  • Defects will be corrected
  • The Service is free of viruses or other harmful components
  • Generated images will meet your requirements or expectations

11. Indemnification

You agree to defend, indemnify, and hold harmless Caspile LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms of Service
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your use of generated images caused damage to a third party
  • Your violation of any applicable law or regulation

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect, which may include notification via email to your registered address or a prominent notice on our website.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be addressed through good faith negotiation. If such negotiation is unsuccessful, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law or where such disputes may be resolved in small claims court.

14. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Caspile LLC regarding our Service and supersede all prior agreements and understandings.

15. Contact Information

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

Company: Caspile LLC

Website: caspile.com

Email: support@caspile.com

Subject Line: Terms of Service Inquiry

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