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Cactus AI

Terms of Service

Last updated: May 1, 2025

1. Acceptance of Terms

By accessing or using the Cactus AI website, services, or any applications (including mobile applications) made available by Cactus AI (together, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with Cactus AI and are not barred from doing so under any applicable laws.

2. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

3. Changes to Terms or Service

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason. We will provide at least 30 days notice of any material changes by posting the new Terms on the Service, sending you an email, and/or by some other means. If you do not agree to the new Terms, you may terminate your account within the notice period by contacting us at support@cactusai.com, otherwise your continued use of the Service will constitute acceptance of the revised Terms.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

4. Account Registration and Security

To use certain features of the Service, you may be required to register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date at all times.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Cactus AI cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. Content and Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service; and (ii) "User Content" means any Content that you provide to be made available through the Service.

Cactus AI does not claim any ownership rights in any User Content that you make available through the Service and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Cactus AI and its licensors exclusively own all right, title, and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service or Content.

6. Rights and Licenses

By making any User Content available through the Service, you hereby grant to Cactus AI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Service and Content to you and to other users.

Subject to your compliance with these Terms, Cactus AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Service.

7. Prohibited Conduct

You agree not to do any of the following:

  • Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror, or frame the Service or any individual element within the Service, Cactus AI's name, any Cactus AI trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Cactus AI's express written consent.
  • Access, tamper with, or use non-public areas of the Service, Cactus AI's computer systems, or the technical delivery systems of Cactus AI's providers.
  • Attempt to probe, scan, or test the vulnerability of any Cactus AI system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cactus AI or any of Cactus AI's providers or any other third party (including another user) to protect the Service or Content.
  • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Cactus AI or other generally available third-party web browsers.
  • Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or Content.
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
  • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Encourage or enable any other individual to do any of the foregoing.

8. Termination

We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending an email to us at support@cactusai.com. Upon any termination, discontinuation, or cancellation of the Service or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

9. Warranty Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

10. Limitation of Liability

NEITHER CACTUS AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CACTUS AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CACTUS AI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO CACTUS AI FOR USE OF THE SERVICE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CACTUS AI, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CACTUS AI AND YOU.

11. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

12. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Cactus AI and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cactus AI and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute Resolution" section above or by a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Cactus AI's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cactus AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Cactus AI under these Terms, including those regarding modifications to these Terms, will be given: (i) by Cactus AI via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Cactus AI's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cactus AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

13. Contact Information

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

Cactus AI
123 AI Innovation Center
Suite 500
San Francisco, CA 94105
Email: legal@v0-cactus-ai.vercel.app
Phone: +1 (800) 555-1234