TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By accessing, registering for, or using the CloneCast Services, you ("User," "you," or "your") enter into a legally binding agreement with Cast Labs, a UK-registered company ("CloneCast," "we," "us," or "our"). If you do not agree to these Terms in their entirety, you must immediately cease use of the Services.

These Terms incorporate by reference our Privacy Policy. Additional terms may apply to specific features (e.g., Web3 rewards, API access).

2. DEFINITIONS

• Cast: An AI-powered digital twin or character created using CloneCast technology, trained on User-provided data.
• Cast Engine: CloneCast's proprietary artificial intelligence system powering agentic digital twins.
• Fish Audio: Licensed open-source voice synthesis technology integrated into the Platform.
• User Content: All data, media, text, voice recordings, images, and materials uploaded or provided by you.
• Generated Content: Output produced by Casts (text, voice, interactions).
• Credits/Minutes: Usage units purchased to access Cast synthesis and interaction features.

3. ELIGIBILITY & USER REPRESENTATIONS

CloneCast reserves the right to request age verification documentation at any time. Misrepresentation of eligibility constitutes a material breach and grounds for immediate termination without refund.

4. ACCOUNT REGISTRATION & SECURITY

4.1 Account Creation

Registration requires a valid email address and secure password. You agree to provide accurate, current, and complete information and maintain its accuracy throughout your use of the Services.

4.2 Account Security

• You are solely responsible for safeguarding your account credentials.
• You must immediately notify [support@clonecast.io](mailto:support@clonecast.io) of any unauthorized access or security breach.
• CloneCast is not liable for losses arising from unauthorized account access due to your failure to maintain security.

4.3 One Account Per User

Multiple accounts for a single individual are prohibited unless expressly authorized in writing by CloneCast (e.g., enterprise arrangements). Circumventing account limits or suspensions through secondary accounts will result in permanent platform ban.

5. SERVICES DESCRIPTION

CloneCast provides a platform for creating, training, and deploying AI-powered digital twins ("Casts") using:

• Voice Cloning: Fish Audio-based synthesis of your voice from uploaded samples.
• Knowledge Training: Cast Engine RAG technology for personalized responses.
• Agentic Capabilities: Autonomous interactions, monetization features (future Web3 integration).
• API Access: Programmatic Cast deployment (subject to separate API Terms).

Services are provided "as is" with ongoing development. Features may change, be discontinued, or become subject to additional fees with reasonable notice.

6. PRICING, PAYMENT & REFUNDS

6.1 Pricing Structure

CloneCast operates on a credit-based system:

CloneCast reserves the right to modify pricing with 30 days' notice to active subscribers.

6.2 Payment Processing

All payments are processed through Stripe, a PCI-DSS Level 1 certified processor. CloneCast never stores raw payment card information. By providing payment details, you authorize recurring charges for subscription plans.

6.3 Refund Policy

• No Refunds: Credits and subscriptions are non-refundable once purchased, except where legally required (e.g., EU consumer rights during 14-day cooling-off period for first-time purchases).
• Service Issues: If technical failures prevent Service use, contact [support@clonecast.io](mailto:support@clonecast.io) for case-by-case credit restoration (not cash refunds).
• Termination for Violations: No refunds for accounts suspended/terminated due to Terms violations.

6.4 Taxes

Prices exclude applicable VAT, GST, sales tax, or other government-imposed charges. You are responsible for all taxes except those based on CloneCast's net income.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 CloneCast IP

All Platform technology, including Cast Engine algorithms, Fish Audio integration, UI/UX design, logos, and branding, are the exclusive property of Cast Labs and its licensors. These Terms grant no ownership rights—only a limited, non-exclusive, non-transferable license to use the Services per these Terms.

7.2 User Content Ownership & License

You retain ownership of all User Content (voice recordings, images, text, training data). However, you grant CloneCast a worldwide, royalty-free, non-exclusive license to:

• Process User Content to train your specific Cast.
• Store and transmit User Content as necessary to provide Services.
• Create derivative works (biometric weights, embeddings) for Cast synthesis.

This license terminates upon account deletion, subject to our 30-180 day retention policy (see Privacy Policy). We will never use your User Content to train generalized models benefiting other users or sell it to third parties.

7.3 Generated Content Rights

Subject to these Terms and applicable law, you own Generated Content produced by your Casts. You may use, reproduce, and monetize such content. However:

• You remain responsible for ensuring Generated Content complies with all laws (defamation, IP infringement, etc.).
• CloneCast retains the right to display Generated Content for promotional purposes (with your consent, obtained separately).

7.4 Biometric Rights Representation

You represent and warrant that you possess all necessary rights, consents, and licenses for User Content, including:

• Right of Publicity: You are the person depicted in voice/image samples, or you have written authorization from the depicted individual.
• No Third-Party Rights: User Content does not infringe copyrights, trademarks, or personality rights of third parties.

Creating unauthorized "deepfake" Casts is strictly prohibited and may expose you to criminal liability.

8. PROHIBITED USES & CONTENT

8.1 Harmful Speech Detection

Our Cast Engine AI incorporates automated content moderation to detect:

• Hate speech using NLP classifiers trained on harmful language datasets.
• Violence, self-harm, and extremist rhetoric through semantic analysis.
• Sexually explicit content via keyword and contextual filters.

These systems operate in real-time during Cast interactions and User Content uploads.

9. AUTOMATED MODERATION & AI-DRIVEN ENFORCEMENT

9.1 How AI Moderation Works

Our Moderation Engine analyzes:

• Text Content: NLP models detect prohibited language, sentiment, and intent.
• Voice Output: Transcription + semantic analysis of synthesized speech.
• Behavioral Patterns: Unusual activity (rapid Cast creation, mass uploads, bot-like behavior).
• User Reports: Community-flagged content receives expedited AI review.

Detection thresholds are calibrated to minimize false positives while ensuring rapid response to egregious violations.

9.2 Enforcement Actions

9.3 Appeals Process

If you believe an AI moderation action was erroneous:

• Submit Appeal: Email support@clonecast.io within 14 days with your account email and detailed explanation.
• Human Review: A CloneCast moderator (not AI) will review within 7 business days.
• Decision: Appeals decisions are final. Reinstatement includes credit restoration for suspension duration (not cash refunds).

Repeated frivolous appeals may result in appeal privilege suspension.

9.4 Transparency & Limitations

While our AI moderation aims for high accuracy, no automated system is perfect. We acknowledge that:

• False positives may occur (satire misidentified as hate speech, academic discussion flagged).
• Contextual nuance may be missed (cultural idioms, non-English languages).
• Human review is available for all enforcement actions affecting account access.

We continuously improve our Moderation Engine and welcome feedback at support@clonecast.io.

10. USER RESPONSIBILITIES & CONDUCT

As a CloneCast user, you agree to:

• Use Services only for lawful purposes and in compliance with all applicable laws.
• Respect third-party intellectual property and privacy rights.
• Accurately disclose AI-generated content when required by law or platform policies (e.g., labeling deepfakes).
• Cooperate with CloneCast investigations into Terms violations.
• Monitor your Casts' Generated Content and ensure it complies with these Terms.

You acknowledge that you, not CloneCast, are responsible for all User Content and Generated Content associated with your account, including legal liability for defamation, IP infringement, or harm caused by your Casts.

11. DATA OWNERSHIP & RETENTION

Per our Privacy Policy:

• Your Data: All User Content and Cast training data belong to you.
• Deletion Timeline: Upon account deletion or Cast removal, data is retained for 30-180 days for compliance/backup purposes, then permanently destroyed.
• No External Training: Your data never trains third-party models or benefits other CloneCast users.
• Portability: Request data export in machine-readable format (JSON/CSV) via account settings.

12. DISCLAIMERS & LIMITATIONS OF LIABILITY

12.1 Service Availability

CloneCast provides Services on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee:

• Uninterrupted, error-free, or secure operation.
• Accuracy, reliability, or quality of Cast Engine outputs.
• Compatibility with all devices, browsers, or third-party integrations.
• Perpetual availability of specific features (e.g., Web3 rewards subject to market conditions).

12.2 AI Output Disclaimer

AI-generated content may be inaccurate, offensive, or inappropriate. Cast Engine synthesizes responses based on training data and probabilistic models—it does not "understand" content. You must review Generated Content before public distribution.

12.3 Limitation of Liability

To the maximum extent permitted by law:

• CloneCast's total liability for any claim arising from these Terms or Services shall not exceed the amount you paid to CloneCast in the 12 months preceding the claim.
• CloneCast is not liable for indirect, incidental, consequential, or punitive damages (lost profits, data loss, reputational harm).
• CloneCast is not liable for third-party actions (hacking, ISP outages, payment processor failures).

Some jurisdictions do not allow liability limitations, so the above may not fully apply to you.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cast Labs, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms.
• Your User Content or Generated Content (IP infringement, defamation, privacy violations).
• Unauthorized use of another person's biometric data for Cast creation.
• Your breach of representations and warranties (age, capacity, rights ownership).

This indemnification survives account termination.

14. TERMINATION

14.1 Termination by User

You may terminate your account at any time via account settings or by emailing support@clonecast.io. Upon termination:

• Access to Services ceases immediately.
• Unused credits are forfeited (no refunds).
• Data deletion follows our 30-180 day retention policy.

14.2 Termination by CloneCast

We may suspend or terminate your account with or without notice if:

• You violate these Terms, Privacy Policy, or applicable law.
• Your account is inactive for 24+ months (with 30-day notice).
• Payment disputes or chargebacks occur.
• We discontinue Services entirely (reasonable notice provided).

Termination for violations results in forfeiture of all credits and no refunds.

14.3 Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive (indemnification, liability limitations, dispute resolution) remain in effect.

15. MODIFICATIONS TO TERMS

CloneCast reserves the right to modify these Terms at any time. Changes will be posted at this URL with an updated "Effective Date." For material changes:

• We will email registered users at least 14 days before the effective date.
• Continued use after the effective date constitutes acceptance.
• If you do not agree, you must cease use and may request account deletion.

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

16.2 Jurisdiction

Any disputes shall be resolved exclusively in the courts of England and Wales. However, we may seek injunctive relief in any jurisdiction to protect our intellectual property.

16.3 Informal Resolution

Before initiating legal action, you agree to attempt informal resolution by emailing support@clonecast.io with a detailed description of the dispute. We will respond within 30 days.

17. MISCELLANEOUS

17.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and CloneCast.

17.2 Severability

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

17.3 No Waiver

CloneCast's failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms without our written consent. CloneCast may assign these Terms to any successor entity (e.g., in a merger).

17.5 Force Majeure

CloneCast is not liable for delays or failures due to events beyond our reasonable control (natural disasters, cyber attacks, government actions, pandemics).

END OF TERMS OF SERVICE

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