Terms of Service
Last updated: 2026-10
Introduction
The following sets forth Cascadada's Terms of Service. We know how tempting it is to skip these Terms, but it's important to establish what you can expect from us as you use the Cascadada Service, and what we expect from you. The Terms of Service is a binding legal document, and you are required to read and accept it in full in order to use our Service. Welcome, and thank you for your interest in Cascadada ("Cascadada," "we," or "us") and our website at https://www.cascadada.ai, along with our related websites, applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Cascadada regarding your use of the Service. PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CASCADADA'S PRIVACY POLICY AT https://www.cascadada.ai/privacy AND ANY ADDITIONAL TERMS AND POLICIES CASCADADA MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
1. Service and Account
1.1 Service Overview. The Service provides a social media management tool that enables users to publish and schedule posts on their connected social platforms, upload videos, manage media assets, and collaborate as a team. 1.2 Modification of the Service. Cascadada reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Cascadada will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@cascadada.ai.
4. Payment Terms
Some features of the Service may require you to pay fees upon registering for the applicable subscription. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan, with different pricing schemes for individual users and teams. 4.1 Price. Cascadada reserves the right to determine pricing for the Service. Cascadada will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our billing page (https://www.cascadada.ai/billing) periodically for current pricing information. Cascadada may change fees for any feature of the Service. Cascadada, at its sole discretion, may make promotional offers with different features and different pricing to any of Cascadada's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time. 4.2 Authorization. You authorize Cascadada to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Cascadada, including all applicable taxes, to the payment method specified in your account. 4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Cascadada and its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next subscription period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. You may cancel the Subscription Service through your account settings or by contacting us at support@cascadada.ai. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period. 4.4 Delinquent Accounts. Cascadada may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount. If your payment method is no longer valid at the time a renewal fee is due, Cascadada reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
5. License to the Service
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Cascadada grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service. 5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it. 5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Cascadada an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights
The Service is owned and operated by Cascadada. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, domain names, templates, and all other elements of the Service provided by Cascadada ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Cascadada or its third-party licensors. Except as expressly authorized by Cascadada, you may not make use of the Materials. There are no implied licenses in these Terms and Cascadada reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1 Third Party Services and Linked Websites. Cascadada may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as YouTube, TikTok or X. By using one of these tools, you hereby authorize Cascadada to transfer that information to and from the applicable third-party service. Third-party services are not under Cascadada's control, and Cascadada, to the fullest extent permitted by law, is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Cascadada's control, and Cascadada is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Cascadada will have no control over the information that has been shared. 7.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. Terms Specific to Cascadada AI Assistant
Without limiting the generality of the foregoing, the following terms apply to the Cascadada AI Assistant: You acknowledge and agree that (a) the Cascadada AI Assistant interfaces with certain third party services (including AI models provided by OpenAI) and may provide output, content, suggestions, or other materials generated or produced by such third party services in response to your input ("AI Output"); (b) AI Output constitutes your User Content; and (c) your use of the AI Output must comply with these Terms and any applicable third party terms. We may impose limits on your use of the Cascadada AI Assistant as specified by us on the Service ("Usage Limit"). For example, we may allocate AI credits to you for your use of the Cascadada AI Assistant based on your subscription level and number of connected accounts. You will not exceed any Usage Limit without our prior approval, and we reserve the right to suspend or block your access to the Cascadada AI Assistant or to the Service in the event you are in violation of any of these Terms. By accessing or using the Cascadada AI Assistant, you acknowledge OpenAI's privacy policy at https://openai.com/privacy/, hereby agree to the following terms of OpenAI, which are incorporated into these Terms by reference: OpenAI Terms of Service available at https://openai.com/terms/ and OpenAI Sharing and Publication Policy available at https://openai.com/api/policies/sharing-publication/. Please carefully review any AI Output before using it as part of your social media post. CASCADADA DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, ANY AI OUTPUT GENERATED BY THIRD PARTY SERVICES AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED THERETO. YOUR USE OF THE CASCADADA AI ASSISTANT AND AI OUTPUT IS AT YOUR OWN RISK.
9. User Content
9.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to or via the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video or audio, images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service subject to the licenses granted in these Terms. 9.2 Limited License Grant to Cascadada. By Posting User Content to or via the Service, you grant Cascadada a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Cascadada's exercise of the license set forth in this Section. 9.3 Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including, by way of example and not limitation, the Service and the social platforms connected through it, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product. 9.4 Specific Rules for Musical Works and Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization ("PRO"), then you must notify your PRO of the royalty-free license you grant through these Terms to Cascadada. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Cascadada the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service. 9.5 User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Cascadada disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Cascadada and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Cascadada, the Service, and these Terms; your User Content, and the Posting or other use of your User Content, as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Cascadada to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; your User Content does not contain (i) language that incites or leads to physical violence or causes emotional harm towards a community that is historically marginalized; (ii) content that clearly aims to undermine or invalidate the experience of a community that is historically marginalized; (iii) content aimed to incite violence, lead to physical or emotional harm, hate, abuse, or the spread of false information; and (iv) false information which we determine is dangerous and can lead to violence, harm, severe illness, and/or death, including astroturfing; fake accounts, deceptive behavior, bad actors; misleading or potentially harmful content; content that advances any misinformation narrative, conspiracy theories, or hoax that we determine as leading to harm; and content intended to suppress one's right to vote; your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment. The following serves as a guide to help illustrate generally the types of content that fall within the scope of Cascadada's policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Cascadada may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which the Service integrates or interoperates. Hateful Content includes: any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise. A Threat of Physical Harm includes: any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others. Harassment includes: revealing someone's personal information, also known as "doxxing"; online stalking and bullying; wishes for physical harm directed at a person or persons; and incitement of others to any of the previous items. We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: an organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm; or a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm. Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion, to be otherwise objectionable. 9.6 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Cascadada may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Cascadada with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Cascadada does not permit infringing activities on the Service. 9.7 Monitoring Content. Cascadada does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Cascadada reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. Cascadada may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
10. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO: use the Service other than for its intended purpose, or for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Cascadada; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; modify or create derivatives of any part of the Service; interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth; take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Cascadada's systems or networks, or any systems or networks connected to the Service or Cascadada; sell or otherwise transfer the access granted under these Terms or any Materials, or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section. 10.1 Child Safety Standards. Cascadada is committed to maintaining a safe and lawful environment for all users. We strictly prohibit the use of our platform for any activities related to child sexual abuse and exploitation (CSAE), including the sharing, promotion, or facilitation of such content or behavior. Users found to be in violation of this policy will face immediate action, including account suspension and reporting to relevant authorities. If you become aware of any content or behavior on our platform that violates these standards, please report it immediately by contacting us at support@cascadada.ai.
11. Intellectual Property Protection
11.1 Respect of Third Party Rights. Cascadada respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service. 11.2 Infringement Notification. If you have an intellectual property rights-related complaint about any material on the Service, you may contact us at support@cascadada.ai. 11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to us containing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property right that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf. Your Notification of Claimed Infringement may be shared with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to making such disclosures. 11.4 Repeat Infringers. Cascadada's policy is to: (a) remove or disable access to material that Cascadada believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Cascadada reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
12. Term and Termination
12.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section (Termination). 12.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Cascadada may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@cascadada.ai. 12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Cascadada any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and this Section (Effect of Termination) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
13. Indemnification
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Cascadada, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Cascadada Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers; Limitation of Liability
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. CASCADADA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CASCADADA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CASCADADA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CASCADADA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CASCADADA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. 14.1 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CASCADADA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CASCADADA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CASCADADA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO CASCADADA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the People's Republic of China without regard to conflict of law principles. You and Cascadada shall first attempt to resolve any dispute arising out of or relating to these Terms or the Service through good faith negotiations. If the dispute is not resolved within thirty (30) days after one party gives the other party written notice of the dispute, either party may submit the dispute to a court of competent jurisdiction.
16. Miscellaneous
16.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Cascadada regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 16.2 Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Please read the Cascadada Privacy Policy at https://www.cascadada.ai/privacy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. The Service is offered by Cascadada. You may contact us by emailing us at support@cascadada.ai.