TERMS OF SERVICE

Hello and welcome! These Terms of Service are an agreement formed between you and Section 0 Inc. They cover the website available at caffy.io (the "Website"). In these Terms we'll sometimes refer to Section 0 Inc. as "Caffy.io," "Caffy," "Company," "we," or "us." We'll refer to our Website, together with any content, tools, features and functionality offered on or through them, as the "Services."

These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you're agreeing to these Terms. If you don't understand or agree to these Terms, please don't use the Services.

In these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Use of the Services

Your Registration Obligations

When you register to use the Services, you agree to provide accurate and complete information about yourself. You represent that you are over the age of 15. You consent that all characters in your creative work are over the age of 18. Where local law requires a higher minimum age or parental/guardian consent for processing personal data (e.g., COPPA in the U.S. (under 13), GDPR “digital consent” in the EEA/UK (13–16, country-specific), Korea PIPA (guardian consent under 14)), we follow the stricter rule. If you are a minor in your place of residence (but at least our minimum permitted age), you may use the Service only with permission of a parent or legal guardian who agrees to these Terms on your behalf.

Account Suspension

You agree not to abuse the registration system by repeatedly deleting and re-registering accounts or by creating multiple accounts under a single identity. Caffy reserves the right to suspend or terminate any accounts that exhibit such behavior, including but not limited to circumventing access restrictions, manipulating platform features, or otherwise undermining the integrity of the Services. All enforcement decisions are at Caffy's sole discretion and may be implemented without prior notice. To help maintain a fair and stable environment for all users, you agree to register and use accounts responsibly.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify Caffy of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Caffy will not be liable for any loss or damage arising from your failure to comply with this paragraph.

General Practices Regarding Use and Storage

You acknowledge that Caffy may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Caffy's servers on your behalf. You agree that Caffy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Caffy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Caffy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Email Notifications

You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our platform.

Conditions of Use

User Conduct

You are solely responsible for all Content you submit to the Services. (When we say "Content you submit" and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) Your use of the Services may be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any Content that:

We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, inappropriate or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Below is the comprehensive list of prohibited content:

1. infringes any intellectual property or other proprietary rights of any party;
2. you do not have a right to submit;
3. contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. poses a privacy or security risk to any person;
5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
6. constitutes bestiality, rape, or incest;
7. contains filthy or disgusting words or pictures;
8. presents, advocates, or promotes animal cruelty or abuse in any shape or form;
9. is defamatory, libelous, or verifiably false with the purpose of harming others;
10. constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
11. is obscene or pornographic;
12. constitutes the potential of sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
13. glorifies self-harm, including self-injury or suicide;
14. promotes terrorism or violent extremism;
15. furthers or promotes criminal activity;
16. seeks to buy or sell illegal drugs;
17. facilitates fully automated decision making that adversely impacts a person's legal rights or creates a binding, enforceable obligation;
18. seeks to provide medical, legal, financial or tax advice;
19. interferes with or disrupts the Services or servers or networks connected to the Services,
20. interferes with or appropriates any person's right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
21. in the sole judgment of Caffy, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Caffy or its users to any harm or liability.

You likewise agree not to do any of the following in connection with your use of the Services:

1. Disobey any requirements, procedures, policies or regulations of networks connected to the Services;
2. Violate any applicable law or regulation;
3. Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
4. Solicit personal information from anyone under the age of 18;
5. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
6. Obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
7. Lease, lend, sell or sublicense any part of the Services;
8. Try to evade any technological measure designed to protect the Services or any technology associated with the Services;
9. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).

To the extent Caffy chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:

1. Submit voice recordings of third parties (including but not limited to celebrities) without their consent;
2. Use any Caffy voice feature to engage in "deepfakes" or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.

Intellectual Property Rights

Content You Submit

When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.

When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Caffy, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any Caffy-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services. You agree that these rights and licenses include a right for Caffy to make the Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate.

While we're not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.

Characters & Generations

When you create an automated AI character ("Character") using the Services in accordance with these Terms, then as between you and Caffy, you own all rights in that Character. As between you and Caffy, you also own any text, images, audio, or video the Character generates ("Generations") that are elicited by you. You grant Caffy, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Character and all Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users' ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.

When you interact with a Character created by Caffy or created by another user who utilized the Services in accordance with the then- applicable Terms, then you own Generations that are elicited by you from such Character (but not the Character itself or other Generations or other Content, all of which will remain owned by Caffy or the other third- party owner(s) thereof, as applicable). You grant Caffy, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users' ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.

Services Content, Software and Trademarks

You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The Caffy name and logos are trademarks of Caffy (collectively the "Caffy Trademarks"). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Caffy. Nothing in these Terms or the Services should be construed as granting any license or right to use any of Caffy Trademarks without our prior written permission in each instance. All goodwill generated from the use of Caffy Trademarks will inure to our exclusive benefit.

Third Party Material

Under no circumstances will Caffy be liable for any content or materials of any third parties, including Characters created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce Generations that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do so, you acknowledge that it is at your own risk.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Characters and Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to Caffy are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you.

You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Caffy, its users and the public.

Copyright Complaints

Caffy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Caffy of your infringement claim in accordance with the procedure set forth below.

DMCA Notices

Caffy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. You can contact our copyright agent via email at hello@caffy.io and send us the following information with the email:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Service where the material that Your claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Counter-Notices

If you believe that your Content was removed or disabled due to a DMCA notice, and you believe the Content is not infringing, you may send us a counter-notice containing the following information to hello@caffy.io:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
4. Your name, address, telephone number and email address; and
5. A statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Caffy has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. Caffy may also at its sole discretion limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Refund Policy

At Caffy, we strive to provide a fun, engaging, and reliable interactive entertainment experience. To ensure transparency and protect both our users and our platform, please review our refund policy below.

General Policy

ALL PURCHASES OF VIRTUAL CREDITS ("BEANS") OR PREMIUM CONTENT ON CAFFY ARE FINAL AND NON- REFUNDABLE, EXCEPT WHERE REQUIRED BY LAW. Since Beans are a digital in-app currency and premium content is delivered instantly, we cannot accept returns once they have been credited to your account.

Exceptions – When Refunds May Be Granted

We may provide a refund in the following cases:

• Technical Issues: If you were charged but did not receive the purchased Beans or premium content due to a verified technical error.
• Duplicate Charges: If you were mistakenly charged multiple times for the same transaction.
• Unauthorized Purchases: If a transaction was made without your authorization (subject to investigation).

Refund requests for these cases must be submitted within 14 days of the transaction.

How to Request a Refund

Contact our support team at hello@caffy.io with the following details:

• Your account email/username
• Transaction date and amount
• Purchase reference/receipt (if available)

Our support team will review your request and respond within 5 business days.

Chargebacks

If you dispute a charge directly with your payment provider without contacting us first, your Caffy account may be suspended to prevent further fraudulent activity.

We encourage you to reach out to us first—we are committed to resolving issues quickly and fairly.

Legal Compliance

This policy is in line with applicable consumer protection laws. In jurisdictions where refunds are legally required, we will honor those rights.

Third Party Websites and Services

The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. Caffy has no control over such sites, resources or applications and Caffy is not responsible for and does not endorse them. You acknowledge and agree that Caffy will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Caffy is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

YOU AGREE TO RELEASE, INDEMNIFY AND HOLD CAFFY AND ITS AFFILIATES AND THEIR OFFICERS, EMPLOYEES, DIRECTORS AND AGENTS HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, AND EXPENSES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranty

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. Caffy expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Caffy makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.

Limitation of Liability

You understand and agree that Caffy will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Caffy has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any Content, Character or Generations; (iii) your sharing with any third party of any Content, Character or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. IN NO EVENT WILL CAFFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF: (I) $100; OR (II) THE AMOUNT YOU PAID CAFFY (IF ANY) IN CONNECTION WITH YOUR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.

Dispute Resolution and Governing Law

1. Pre-Arbitration Dispute Resolution. Caffy is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to first contact us about them at hello@caffy.io.
2. Governing Law and Arbitration Scope. If the dispute cannot be resolved through the above process, legal action will be required. ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, USA, EXCLUDING DELAWARE'S CONFLICTS OF LAWS RULES. Sorry for putting that in caps, but hopefully you read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.
3. Good Faith Efforts to Resolve Disputes. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
4. Arbitration Location and Language. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrators. The language of the arbitration shall be English.
5. Injunctive Relief. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
6. Confidentiality of Arbitration. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
7. Costs of Arbitration. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.

Termination

You agree that Caffy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Caffy believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Caffy may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Caffy may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Caffy's rights to your Content. Further, you agree that Caffy will not be liable to you or any third party for any termination of your access to the Services.

Changes to these Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.

Contact Us

If you have any questions about our Services, or to report any violations of these Terms, please contact us at hello@caffy.io.