01 Agreement and scope

These Terms of Service form an agreement between you and CactusBrain Labs ("CactusBrain," "we," "us," or "our") when you create an account, access our websites or hosted services, or use a CactusBrain product that refers to these Terms. If you use the services for an organization, you represent that you have authority to bind it, and "you" includes that organization.

CactusBrain provides infrastructure for on-device artificial intelligence and machine learning, including SDKs, native runtimes and integrations, model optimization and delivery, and local inference. Depending on the components you license, that inference may include generative text and chat, text and signal embeddings, audio processing and source separation, personalization and ranking, and computer vision and OCR. We also provide developer APIs, artifacts, tooling, and a hosted control plane.

Different documents govern different parts of your relationship with us:

• These Terms govern accounts, websites, hosted services, APIs, and general product access.
• The CactusBrain Commercial Software License supplied with the Software governs your installation, use, embedding, and distribution of proprietary CactusBrain software.
• Model-specific terms and notices govern individual AI or ML models and artifacts.
• Open-source and third-party components remain governed by their own licenses.
• An Order, enterprise agreement, or other signed agreement may add to or override these Terms to the extent it expressly says so.

02 Accounts and security

You must provide accurate account information, protect passwords, API keys, license keys, and download credentials, and promptly tell us about suspected unauthorized access. You are responsible for activity under credentials issued to you or your organization, except to the extent caused by our breach of these Terms or applicable law.

You may not share credentials outside your organization, evade technical or usage limits, probe or disrupt the services, use the services to distribute malware, interfere with another customer, or use the services in violation of law or third-party rights. We may revoke exposed credentials and take proportionate steps to protect customers and the platform.

03 Subscriptions and purchases

Plan features, billing cadence, price, currency, taxes, and any introductory offer are shown before purchase and in your order confirmation. Paid subscriptions automatically renew for periods equal to the selected monthly or annual term until canceled. Unless applicable law requires otherwise, cancellation takes effect at the end of the current paid period and prevents the next renewal; it does not itself refund the current period.

Purchases are made through Lemon Squeezy Checkout. Lemon Squeezy is the merchant of record and the seller on the transaction: it processes payment details, calculates and remits any applicable sales tax or VAT, and administers receipts, subscription billing, cancellations, and eligible refunds under its applicable payment terms. Plans are quoted and charged in United States dollars; any conversion to your local currency is made by your card issuer, not by CactusBrain. CactusBrain remains the owner, supplier, and licensor of the product. Our Refund Policy explains the route for requests without limiting mandatory rights.

Non-payment, chargeback abuse, fraud, or loss of a valid entitlement may suspend future downloads, updates, hosted services, or support. There is no representation that CactusBrain remotely disables legitimate Customer Applications already distributed with authorized compiled runtime components; continued use remains subject to the applicable software and model licenses.

04 Customer materials and models

You retain ownership of materials, data, code, and models you provide. You grant us a limited right to host, process, secure, reproduce, and transmit those materials only as needed to provide, support, and protect the services and comply with law. You represent that you have the rights needed for that use.

Model availability does not mean every model is licensed for every commercial or redistribution use. You must review the license, model card, notices, use restrictions, and entitlement attached to each model or artifact. CactusBrain terms do not replace third-party model terms.

05 AI output

Some components generate content from your input, including generated text, embeddings, rankings, labels, detections, transcriptions, and separated signals ("Output"). As between you and us, we claim no ownership of Output generated from your input. Your rights in Output are also subject to the applicable model license and acceptable-use terms, and to any third-party rights in your input or in the resulting content. Output may not be unique, and comparable Output may be generated for other customers.

Output is produced by statistical models. It can be inaccurate, incomplete, biased, offensive, or unsuitable for your purpose, including when it reads as confident or authoritative. You are responsible for reviewing Output before relying on it, for disclosing AI-generated content to your end users where required, and for the human oversight your use case demands. Do not use Output as the sole basis for decisions covered in section 07, and do not use Output to train, fine-tune, or distill a competing model or runtime except where the applicable model license permits it or mandatory law preserves that right.

06 Privacy and telemetry

Our Privacy Policy describes how we handle personal information. The SDK is designed to run inference locally. CactusBrain operational telemetry does not include prompts, images, audio, embeddings, detected content, labels, or model output. Certain delivery, entitlement, security, billing, and integrity records are necessary to operate the service; optional product analytics and project diagnostics can be controlled through the available account and project settings.

07 Service changes and availability

We may improve, replace, or discontinue features, models, APIs, or hosted services. We will use reasonable efforts to give notice of a material reduction to a paid service when practical. Beta, preview, experimental, and evaluation features may change or end without notice and should not be used where failure could cause material harm.

You are responsible for testing models and software for your intended use, maintaining appropriate backups and fallback behavior, and complying with laws that apply to your application. CactusBrain is not a substitute for professional judgment and must not be used as the sole basis for high-impact decisions about health, safety, employment, credit, housing, insurance, legal rights, or access to essential services.

08 Ownership and feedback

CactusBrain and its licensors retain all rights in the services, proprietary software, documentation, APIs, designs, trademarks, and CactusBrain-created models and artifacts. No rights are granted except those expressly stated in the applicable agreement. If you voluntarily provide feedback, you allow us to use it without restriction or payment, but we do not acquire ownership of your confidential information, code, data, or models through feedback.

09 Suspension and termination

You may stop using the services and request account deletion. We may suspend or terminate access for material breach, non-payment, unlawful use, fraud, security risk, or where required by law. Where appropriate and legally permitted, we will provide notice and a reasonable opportunity to cure a remediable breach. Termination does not erase accrued payment obligations or terms that by their nature survive.

10 Warranties and liability

To the fullest extent permitted by law, the services are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profits, revenue, goodwill, or data. CactusBrain's aggregate liability arising from the services will not exceed the amount paid for the affected service during the twelve months before the event giving rise to the claim. This limitation does not apply where liability cannot lawfully be limited, including mandatory consumer rights, fraud, or willful misconduct.

11 General terms

You must comply with applicable export controls, sanctions, and import laws. Neither party is liable for delay caused by events beyond its reasonable control. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions continue.

These Terms are governed by the laws of the jurisdiction stated in the CactusBrain Commercial Software License supplied with the Software, and the forum stated there applies, except where an applicable Order or signed agreement identifies a different governing law or forum, in which case that selection controls. Mandatory consumer protections and the right to bring proceedings in, and under the mandatory law of, a consumer's country of residence are preserved.

We may update these Terms to reflect product, legal, or security changes. We will post the revised effective date and provide additional notice where required. Material changes do not retroactively reduce rights already earned. Questions and legal notices may be sent to [email protected].