Terms and conditions

Service availability and quality

We are continuously improving Cascade's Services to enhance your experience. The Services are subject to ongoing development and change, which may include adjustments to the technology used for data processing, the types of automation handled, output formats, and features available to users. However, we make no guarantees regarding the Services' quality, stability, uptime, or reliability. Please refrain from creating any dependencies on specific attributes of the Services or the Assets generated. lomi.africa LLC will not be liable for any harm resulting from your reliance on the Services.

We provide both the Services and Assets to you “AS IS”, without any representations, warranties, or guarantees, whether express or implied. This exclusion applies to, but is not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose. You alone are responsible for evaluating whether the Assets are appropriate for your use or redistribution, and you assume all risks arising from your use of the Services.

lomi.africa LLC reserves the right to suspend or terminate your access to the Services at any time, for any reason. The Services must not be used for competitive research or reverse engineering. Automated tools for accessing, interacting with, or generating Assets through the Services are prohibited. Each registered account on Cascade is for individual use only; multiple accounts for a single user are not permitted. We reserve the right to investigate any complaints or reported violations of our Terms of Service and to take appropriate action. This action may include reporting suspected unlawful activities to law enforcement, regulators, or other relevant third parties, and disclosing user-related information necessary for these purposes.

Your information

By using Cascade's Services, you may provide Cascade with personal information, such as your email address, name, billing information, data preferences, outputs generated, and data inputs that you enter, or content that you upload to the Service. Our policy, which details how we handle your personal information and the rights you have concerning your personal information, can be found here. Both parties agree to comply with all applicable data protection laws. Should there be a need to establish additional terms regarding data privacy or data transfers, both parties will collaborate in good faith to agree upon such terms.

Copyright and trademark

To the extent permitted by law, you retain ownership of your uploads to Cascade (the “Uploads”), and you acknowledge that Cascade owns all generated content (the “Outputs”). By using the Services, you make any necessary assignments to confirm this. Cascade grants you the exclusive rights to reproduce and display such Outputs, provided you comply with these terms and our Content Policy. We will not resell Outputs you have created, use them in any way, or assert any copyright over these Outputs against you or your end users. If you violate our terms or Content Policy, your rights to use the Outputs may be revoked. In such instances, you will receive written notice and a reasonable opportunity to correct your violation, unless it was clearly illegal or abusive. Be aware that similar or identical Outputs may be created by other users with their own inputs, and your rights are only to the specific Output you have created.

Dispute resolution

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 Republic of Côte d'Ivoire. The parties agree to attempt in good faith to settle any Dispute within 30 days after the Dispute arises. Should the Dispute not be resolved within this period, it shall be resolved by arbitration conducted by the Abidjan Arbitration Centre (Centre d'Arbitrage d'Abidjan) in accordance with the OHADA Uniform Act on Arbitration and its procedural rules in force as of the date of this Agreement (“rules”).

The arbitration process will involve the mutual selection of one arbitrator and will be conducted in French or English in Côte d'Ivoire. Either party may seek injunctive relief from any competent court to protect its rights pending the resolution of the arbitration. The arbitrator is also empowered to order equitable or injunctive relief consistent with the remedies and limitations in this Agreement. The decision made in arbitration will be final and binding on both parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will be responsible for its own legal fees and expenses, regardless of the arbitrator's final decision on the Dispute.

Ownership

By using Cascade's services, you maintain full ownership of all content, including text, images, and data, that you upload, store, or transmit through our platform. Cascade does not claim any rights or ownership over your content or data. We are dedicated to respecting your privacy and securing your content and data. We will not use, sell, rent, or otherwise exploit your content or data without obtaining your explicit consent.

In certain circumstances, we may seek your explicit consent to use your content or data for specific purposes. These purposes will be outlined in separate agreements, features, or functionalities within our services. Such consent will be obtained separately, and we will only use your content or data as per the specific consent provided. We may process your content and data solely for the purpose of providing services to you. This includes, but is not limited to, storage, retrieval, backup, and data analysis, in compliance with applicable privacy laws and regulations.

Reasonable security measures are employed to protect your personal, data and Outputs from unauthorized access, disclosure, alteration, or destruction. However, no internet transmission or electronic storage method is 100% secure, and we cannot guarantee absolute security. Access to your personal, data and Outputs will not be provided to third parties, except as required by law, to comply with legal obligations, enforce our rights, prevent fraud, or protect the rights, property, or safety of our users. Upon your request or termination of your account, we will delete your personal informaiton and account data from our active databases, subject to any legal obligations or technical limitations. Please note that residual copies of your data may remain in our backup systems for a limited period.

Billing

We may invoice you for your use of Cascade's Services through a third-party payment service provider. In the event of any conflict, the third-party service provider's terms of service shall take precedence over this Agreement. You have the flexibility to cancel your subscription plan at any time. Additionally, Cascade reserves the right to terminate your access to the Services for any reason, including violations of the Community Guidelines or other inappropriate use of the Services. Upon cancellation or termination, any outstanding usage fees will be billed immediately. There will be no refunds for the current billing period; however, you will not incur further charges beyond the end of the current period. Refund requests made within 14 days of purchase are eligible for a full refund, provided the product has not been used and no AI has been trained. Usage involving one or more Outputs will be de facto ineligible for refunds.

Limitation of liability

Cascade is provided on an “as is” basis, and we make no representations or warranties of any kind regarding the Services. You understand and agree that Cascade will not be liable for any loss of profits, use, goodwill, or data, nor for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they arise. You are solely responsible for your use of the Services. In the event that your actions cause harm to another party or lead to a dispute, Cascade will not be involved. Furthermore, if you knowingly infringe upon someone else's intellectual property rights, resulting in financial loss to us, you will be held responsible for that loss. This may include reimbursing us for any costs incurred, including legal fees. It is imperative to respect the intellectual property rights of others when using our Services.

Miscellaneous

Neither party will be held liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, or war.

This Agreement does not create any form of agency, partnership, or joint venture between the involved parties. If any portion of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement will continue in full force and effect.

This Agreement is not intended to, and does not, confer any rights or remedies upon any person or entity other than the parties to this Agreement, unless explicitly stated otherwise. Certain sections and obligations within this Agreement are intended to survive the termination or expiration of this Agreement, including but not limited to provisions related to intellectual property and privacy.