Terms of Service

1. Acceptance of Terms

Welcome to Clipcade. These Terms of Service ("Terms") govern your access to and use of the Clipcade website, platform, and services (collectively, the "Service") operated by Clipcade ("we," "us," or "our").

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

2. Description of Service

Clipcade is a platform that allows users to create, discover, share, and use AI-powered mini-applications ("apps"). Our Service includes:

• Creating and publishing AI-powered apps using our tools
• Browsing and using apps created by other users
• Generating content (images, text, etc.) through AI-powered apps
• Saving, sharing, and remixing apps
• Social features including following creators and building a profile
• SMS notifications for long-running content generation

3. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

4. User Content

4.1 Your Content

You retain ownership of any content you create, upload, or generate through the Service ("User Content"). By submitting User Content, you grant Clipcade a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating and providing the Service.

4.2 Content Responsibility

You are solely responsible for your User Content and agree that you will not:

• Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Create content that infringes upon any patent, trademark, copyright, or other intellectual property rights
• Generate or distribute sexually explicit, violent, or otherwise inappropriate content
• Impersonate any person or entity or misrepresent your affiliation
• Upload malicious code, viruses, or any other harmful technology
• Collect or harvest personal information of other users
• Use the Service for any illegal or unauthorized purpose
• Attempt to bypass any security measures or access restrictions

4.3 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove User Content at our sole discretion and without notice. We may remove content that violates these Terms or is otherwise objectionable.

5. AI-Generated Content

Our Service utilizes artificial intelligence to generate content. By using AI features, you acknowledge and agree that:

• AI-generated content may not always be accurate, appropriate, or suitable for your intended use
• You are responsible for reviewing and verifying AI-generated content before use
• AI outputs may occasionally produce unexpected or unintended results
• We are not liable for any damages arising from AI-generated content
• You will not use AI features to generate content that violates these Terms or applicable laws
• AI-generated content may be subject to third-party AI provider terms and conditions

6. Apps and Remixing

6.1 Publishing Apps

When you publish an app on Clipcade, you grant other users the ability to use your app. By default, apps may be remixed (modified and republished) by other users unless you specify otherwise.

6.2 Remixing

When remixing another user's app, you must:

• Respect the original creator's attribution
• Not claim original ownership of remixed content
• Comply with any remix restrictions set by the original creator
• Make meaningful modifications when creating remixes

7. API Keys and Third-Party Services

Some features require API keys from third-party AI providers. When providing API keys:

• You are responsible for any charges incurred through your API keys
• Your keys are stored encrypted but you provide them at your own risk
• You must comply with the terms of service of third-party providers
• We are not responsible for any issues arising from third-party services

8. SMS Notifications

If you opt-in to SMS notifications:

• You consent to receive text messages from Clipcade at the phone number provided
• Message and data rates may apply
• You can opt-out at any time by updating your profile settings
• SMS notifications are provided for convenience and may not always be delivered

9. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Clipcade. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

10. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To exploit, harm, or attempt to exploit or harm minors
• To send advertising or promotional material without consent (spam)
• To impersonate or attempt to impersonate Clipcade, employees, or other users
• To engage in any automated use of the system (bots, scrapers, etc.) without permission
• To interfere with or disrupt the Service or servers
• To attempt to gain unauthorized access to any portion of the Service
• To use the Service to compete with Clipcade or for benchmarking purposes
• To reverse engineer, decompile, or disassemble any aspect of the Service

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so through your account settings or by contacting us.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLIPCADE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• AI-generated content or outputs

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless Clipcade and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Your User Content

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.

16. Dispute Resolution

For any dispute you have with Clipcade, you agree to first contact us at legal@clipcade.com and attempt to resolve the dispute informally. If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy through binding arbitration or small claims court.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Clipcade concerning the Service.

20. Contact Information

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

• Email: legal@clipcade.com
• Website: https://clipcade.com