Terms of Service

By creating an account, ticking the box at sign-up, or using the Service, you accept these Terms, our Acceptable Use Policy, our Refund Policy and our Privacy Policy, which together form the whole agreement. If you don’t accept them, don’t use the Service.

If you use the Service for a company or other organisation, you confirm you’re authorised to bind it, and “you” includes it.

You must be at least 18 years old and able to form a binding contract. You may not use the Service if you’ve been barred from it, if you’re subject to sanctions that prohibit dealing with us, or where its use is unlawful. We may refuse an account to anyone, at our discretion.

The Service is software: an interface that runs your jobs on a GPU of your choice (“your GPU”). That is either a GPU you rent from a third-party compute provider (currently Runpod) through your own account with that provider, or, where the Service offers it, a graphics card in a computer you own or control (“your own hardware”). The Service sets up your GPU, installs third-party models and software on it, and sends it the jobs you create. The models run on your GPU.

We don’t provide computing power or hardware, we don’t create the models, and we don’t host what you make. We may add, change or remove features, models, providers and limits at any time. Features marked preview, beta or similar are provided for evaluation and may be unreliable or withdrawn.

Your compute account is a separate agreement between you and the provider. You’re responsible for complying with the provider’s terms and for every charge on your provider account, including GPU time, start-up time, idle time, storage, model downloads and data transfer, however they arise.

You authorise us to use the API key you give us to act on your provider account on your instructions and as needed to run the Service: to start, stop and configure GPUs, create and manage storage, install models and run jobs. If you give us a Hugging Face token, you authorise us to use it to download the models you choose to install.

Cost estimates, idle shut-off, hours and daily limits, balance warnings and our other spending controls are conveniences provided on a best-effort basis. They depend on the provider, networks and software outside our control and may fail, run late or be inaccurate. A job that has started is allowed to finish, so charges can go past a limit you set, and running a job past a limit or warning is your choice. We are not responsible for any charge on your provider account, for the provider’s availability, pricing, outages or data loss, or for any action the provider takes on your account. You should set limits and alerts with the provider directly and check your provider account regularly.

Keeping your provider balance funded, including any automatic top-up you set up with the provider, is your responsibility. If it runs out, the provider may stop your GPU, interrupt jobs and delete stored data, and we aren’t responsible for that.

Your own hardware. If you run the Service on your own hardware, you do so at your own risk. You alone are responsible for that hardware and the computer it is in: whether it is suitable and has enough memory, its operating system, drivers and settings, its power supply, cooling and ventilation, the electricity and other costs of running it, its security, and backing up its data. Generating images and video puts a heavy, sustained load on a graphics card and its computer. The Service installs and runs third-party software and models on it (for example ComfyUI and the models you choose), which are governed by Section 11. We are not responsible for any damage to, failure, overheating or wear of your hardware or other equipment, for any loss or corruption of data on it, for its electricity or other running costs, or for any effect on other software on it. Times, speeds and requirements we give for own hardware are estimates for typical setups; yours may differ, and some hardware won’t run some models at all.

You must give accurate information and keep it current. You’re responsible for everything that happens under your account and for keeping your sign-in email and devices secure. Tell us at once at support@castingcard.ai if you suspect unauthorised use.

One person may hold one free trial. Accounts are personal and may not be shared, sold or transferred.

• Trial. A free trial with the limits shown in the Service. We may change or end the trial at any time.
• Founder. A one-time fee for access to the features of version 1.x of the Service for as long as we operate the Service. “Lifetime” and “for life” refer to the life of the Service, not of any person. Founder access doesn’t include later major versions, new products, or plans sold separately, and ends if we discontinue the Service or terminate your account under these Terms.
• Pro. A one-time fee for a lifetime licence to the features of version 1.x of the Service that Pro includes, on the same terms as Founder above: “lifetime” means the life of the Service, and the licence doesn’t include later major versions, new products, or plans sold separately, and ends if we discontinue the Service or terminate your account under these Terms.
• Subscriptions. Monthly plans renew automatically and are charged in advance each period until you cancel. You authorise us and our payment processor to charge your payment method on each renewal.

Prices are in US dollars and exclude taxes, which you pay where applicable. We may change prices and plan contents; a price change for a subscription applies from the next period after we give notice. Payments are handled by our payment processor under its terms. If a payment fails or is reversed, we may suspend or downgrade your account.

Refunds are governed by our Refund Policy. Except where it or the law says otherwise, all payments are final and non-refundable.

“Inputs” are what you give the Service: prompts, scripts, character details, settings, and photos, videos or other files. “Outputs” are what the models produce from them. You confirm you have all rights and permissions needed for your Inputs, and that your Inputs and your use of Outputs comply with the law, these Terms and the Acceptable Use Policy.

As between you and us, you own your Outputs to the extent any rights exist in them, and we claim no ownership of them. You give us a limited licence to process your Inputs and Outputs only as needed to operate the Service. Our software processes them in your browser and on your GPU; see the Privacy Policy.

Outputs are generated by third-party models. They may be inaccurate, inconsistent, offensive, or similar to content others make, and they may not be protected by copyright or any other right. We don’t review Outputs. You are solely responsible for your Inputs and Outputs and for how you use, publish and label them, including any duty to disclose that content is AI-generated under laws, platform rules or advertising rules that apply to you.

We don’t store your Inputs or Outputs on our servers and can’t recover them. You’re responsible for keeping your own copies. If you send us suggestions or feedback, we may use them freely and without any obligation to you.

You must follow the Acceptable Use Policy. The Service uses automated safety checks that may block a request or a result. They aren’t perfect: they may block lawful content or miss prohibited content, and we’re not responsible for either. We have no duty to monitor your use, but we may, and we may investigate suspected violations, keep the records needed to do so, and report them to the authorities.

The Service, including the software we place on your GPU, and our names, logos and designs belong to us and our licensors. We give you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Service under these Terms. You may not:

• copy, modify, decompile or reverse engineer the Service or our software, except where the law expressly allows it;
• alter, disable or work around our software on the GPU, our safety checks, plan limits or usage measurement;
• create more than one account to extend a trial or avoid limits or a suspension;
• resell, sublicense or share access to the Service, or use it to build a competing product;
• scrape the Service, overload it, or access it by automated means other than features we provide.

The models and some software the Service installs are made by third parties and are licensed by their makers under their own terms. When you install or use a model, you accept its license with its maker and you must follow it, including any limits on commercial use, revenue, users or where it may be used, any content rules or filters it requires, and its acceptable use policy. Where a license has to be accepted on the maker’s or a hosting site’s page, you accept it yourself; we never accept a license on your behalf. Any commercial license or fee a maker requires is yours to obtain and pay.

We don’t grant you any rights in any model, and we don’t check whether your use complies with its license. A maker can change or withdraw its terms, and we may add, change or remove any model at any time, including when its license changes. A model that makes content its maker’s filters would refuse doesn’t change our rules: these Terms and our content rules apply whatever model you use. Third-party models, services and content are provided “as is”; we make no promises about them and aren’t responsible for them.

You may stop using the Service and close your account at any time. To the extent the law allows, we may suspend, limit or terminate your account or access, with or without notice, if we believe you’ve broken these Terms or the law, if your use creates risk or possible liability for us or others, if required by law or by our providers, or if we discontinue the Service. If we terminate your account for a breach, you aren’t entitled to any refund.

When your account ends, your right to use the Service ends. Your provider account and its storage remain yours. Sections 4, 6 to 8, 10, 11 and 13 to 18 continue to apply after termination.

THE SERVICE, OUTPUTS AND ALL THIRD-PARTY MODELS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON’T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; THAT OUTPUTS WILL BE ACCURATE, CONSISTENT, LAWFUL OR FIT FOR ANY USE; THAT COST ESTIMATES, IDLE SHUT-OFF, TIME OR SPENDING LIMITS OR BALANCE WARNINGS WILL WORK; THAT THE SERVICE WILL RUN ON, BE COMPATIBLE WITH OR BE SAFE FOR YOUR OWN HARDWARE; OR THAT THE SERVICE WILL SAVE YOU MONEY.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS, FOR ANY CHARGE ON YOUR COMPUTE PROVIDER ACCOUNT, OR FOR ANY DAMAGE TO YOUR OWN HARDWARE OR OTHER EQUIPMENT OR THE COST OF RUNNING IT, HOWEVER CAUSED AND EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$50. THESE LIMITS ARE AN ESSENTIAL PART OF OUR AGREEMENT AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some places don’t allow certain exclusions or limits, so some of the above may not apply to you; in that case our liability is limited to the smallest amount the law allows.

You will defend, indemnify and hold harmless us and our affiliates, officers, employees and agents from any claim, loss, liability, damage, fine, cost or expense (including reasonable legal fees) arising from your Inputs, your Outputs or their use, your use of the Service, your compute provider account, your own hardware, your breach of these Terms or the law, or your violation of anyone’s rights, including rights of privacy, publicity and intellectual property. We may take control of the defence of any such claim, and you will cooperate with us.

Informal resolution first. Before bringing a claim, you agree to email support@castingcard.ai describing it and to try to resolve it with us for 60 days.

Binding arbitration. To the extent the law allows, any dispute arising from or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by [Arbitration body, e.g. the American Arbitration Association] under its rules, seated in [Arbitration seat, e.g. Wilmington, Delaware], and not in court. Either party may instead bring an individual claim in small-claims court, and either party may seek an injunction in court to protect its intellectual property.

Class action and jury waiver. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OR ARBITRATION. Claims may be brought only individually.

Time limit. To the extent the law allows, any claim must be brought within one year after it arose, or it is permanently barred.

Governing law and courts. These Terms are governed by the laws of [Governing law, e.g. the State of Delaware, USA], without regard to conflict-of-law rules. Any matter not subject to arbitration will be heard exclusively in [Courts, e.g. the state and federal courts in Wilmington, Delaware], and both parties consent to their jurisdiction. If a consumer law that applies to you gives you rights these Terms can’t override, those rights are not affected.

We may change the Service and update these Terms at any time. We’ll show the date of the latest version above, and for material changes we’ll tell you by email or in the Service. Changes apply from the date stated; if you keep using the Service after that, you accept them. If you don’t accept them, stop using the Service.

• We may assign or transfer these Terms, for example in a merger or sale. You may not assign them without our written consent.
• If any part of these Terms is found unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect.
• Our not enforcing a right isn’t a waiver of it.
• We aren’t liable for delays or failures caused by events beyond our reasonable control, including failures of compute providers, networks or third-party services.
• We may give you notices by email to your account address or in the Service. You give us notices by email to the address below.
• You must comply with export control and sanctions laws in your use of the Service.
• These Terms are written in English, which controls over any translation. Headings are for convenience only.

[Legal entity name], [Registered address]. Email support@castingcard.ai.