CAFA AI TERMS AND CONDITIONS FOR iOS

Acceptance and scope

Cafa AI provides AI-assisted digital services, which may include conversational assistance, live AI voice interactions, research support, document and file workflows, generated text, images, video, charts, avatar-based video creation, voice selection, voice cloning, synthetic speech, AI-content detection, plagiarism or similarity checks, content rewriting, and tools intended to make AI-generated content read more naturally or appear more human-written. Features may change over time and may vary by plan, device, platform, region, or release status.

These Terms apply to your use of the Services through the website, through Android and iOS mobile applications, and through any other official Cafa AI access point that links to or references these Terms.

Apple App Store and iOS application terms

The following additional terms apply when you download, access, purchase, or use Cafa AI through Apple’s App Store on an iPhone, iPad, or another Apple-branded product. If these iOS-specific terms conflict with another provision of these Terms, these iOS-specific terms control only to the extent necessary for use of the iOS application.

Agreement with Cafa AI, not Apple

These Terms are concluded between you and Nivee LLC, the operator of Cafa AI, and not with Apple Inc. Cafa AI, not Apple, is solely responsible for the Cafa AI iOS application, its content, and the Services provided through it. Apple is not a party to these Terms and has no responsibility for the application except as expressly required by applicable law.

iOS licence

Subject to your compliance with these Terms, Cafa AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to use the Cafa AI iOS application on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions and applicable App Store usage rules. The application may also be accessed by other accounts associated with the purchaser where Apple permits Family Sharing, volume purchasing, or similar Apple features.

You may not rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, disassemble, modify, or attempt to derive the source code of the iOS application except where applicable law does not allow that restriction.

Maintenance and support

Cafa AI is solely responsible for providing maintenance and support for the iOS application as required by these Terms or applicable law. Apple has no obligation to provide maintenance or support services for the Cafa AI application.

Product claims and warranties

To the extent any warranty applies and the iOS application fails to conform to that warranty, you may notify Apple and, where Apple’s rules require it, Apple may refund the purchase price paid for the application. To the maximum extent permitted by law, Apple has no other warranty obligation concerning the application. Cafa AI is responsible for addressing claims relating to the application, including product-liability claims, claims that the application does not comply with applicable legal or regulatory requirements, and claims arising under consumer-protection or similar laws.

Intellectual-property claims

If a third party claims that the Cafa AI iOS application, or your possession or use of it, infringes that party’s intellectual-property rights, Cafa AI, not Apple, will be responsible for investigating, defending, settling, and resolving that claim, subject to these Terms and applicable law.

Apple in-app purchases and subscriptions

Purchases and auto-renewable subscriptions made through the iOS application are processed through Apple’s In-App Purchase system and are also subject to Apple’s payment, billing, cancellation, and refund rules. Subscription prices, billing periods, included features, trial terms, and renewal information will be shown before purchase.

Unless cancelled, an auto-renewable subscription renews at the end of each billing period. Apple charges the payment method linked to your Apple Account. You can manage or cancel an App Store subscription through your Apple Account subscription settings. Deleting the Cafa AI application or your Cafa AI account does not automatically cancel an Apple-billed subscription.

Refund requests for Apple-billed purchases must normally be submitted to Apple and are decided under Apple’s policies and applicable law. Cafa AI cannot directly issue or control refunds for transactions processed by Apple unless Apple provides a specific mechanism that allows it.

Device permissions and iOS features

Certain Cafa AI features may request access to the microphone, speech recognition, photos, camera, media library, notifications, or other iOS permissions. Live AI voice interactions and voice cloning may require microphone or audio access. Avatar creation may require access to images, videos, or the camera. You can grant, deny, or later change these permissions in iOS Settings, but denying a required permission may prevent the related feature from working.

You are responsible for ensuring that any voice, image, video, likeness, or personal information you submit through an iOS device belongs to you or is used with all required rights and consent. You may not use device permissions or Cafa AI features to secretly record, impersonate, deceive, harass, or violate another person’s privacy or publicity rights.

Third-party terms

When using the iOS application, you must comply with applicable third-party terms, including your wireless carrier’s terms, Apple’s terms, and the terms governing any third-party services, content, APIs, or accounts used with Cafa AI.

Legal compliance

You represent and warrant that you are not located in a country or region subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties.

Apple as third-party beneficiary

You and Cafa AI acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these iOS-specific terms. After you accept these Terms, Apple has the right to enforce these iOS-specific terms against you as a third-party beneficiary.

iOS support contact

Questions, complaints, or claims concerning the Cafa AI iOS application should be directed to Nivee LLC, State of Delaware, United States, by email at Cafaai@niveel.com or through https://www.cafaai.com/. Apple is not responsible for handling support requests concerning Cafa AI.

Eligibility and children

You must be at least thirteen years old, and at least the minimum age required under the laws of your country to consent to digital services, to use the Services. If you are under the age of majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

The Services are not directed to children under thirteen, and you may not use the Services if applicable law prohibits your access or use.

If you create an account, make a purchase, or submit content, you represent that you meet these eligibility requirements.

Accounts, registration, and security

Some features may be available in guest mode, while other features require an account. If you create an account, you must provide accurate, current, and complete information and keep that information up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You may not share your account with another person, lend access to another user, or allow another person to use your credentials.

You must notify Cafa AI promptly at Cafaai@niveel.com if you believe your account has been accessed without authorization or that the security of your account has been compromised.

Cafa AI may offer account settings, history controls, and deletion tools. If you request deletion of your account, Cafa AI will process the request in accordance with applicable law, its Privacy Policy, operational needs, fraud-prevention needs, and legitimate retention obligations. Some information may be retained after deletion where necessary for legal compliance, security, accounting, dispute resolution, or enforcement purposes.

License and permitted use

Subject to your compliance with these Terms, Cafa AI grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Services for your lawful personal use and lawful internal business use.

You may not copy, sell, lease, sublicense, redistribute, publicly exploit, or otherwise make the Services available to third parties except as expressly permitted by Cafa AI in writing.

You may not use the Services to build, train, improve, benchmark, or validate a competing model, dataset, product, or service, except where a restriction of that kind is prohibited by applicable law and cannot lawfully be excluded.

If you download the mobile app through a third-party app store or marketplace, your use is also subject to that store’s applicable terms, rules, and policies. App stores, marketplaces, and payment platforms are not parties to these Terms and are not responsible for the content, operation, maintenance, or support of the Services except as required under their own terms or applicable law.

Prohibited uses

You may not use the Services, or permit anyone else to use the Services, in any way that is unlawful, harmful, abusive, deceptive, or infringes the rights of any person or entity.

Without limiting the general rule above, you may not:

use the Services to violate any law, regulation, court order, sanctions program, or third-party right;

upload, submit, generate, store, distribute, or promote content that is unlawful, fraudulent, defamatory, invasive of privacy, obscene, sexually exploitative, hateful, discriminatory, abusive, threatening, or otherwise harmful;

use the Services to create, distribute, or facilitate scams, phishing, impersonation, fraud, identity theft, social engineering, extortion, blackmail, or dishonest behavior;

use the Services to create, distribute, or facilitate non-consensual intimate imagery, non-consensual synthetic sexual content, child sexual abuse material, sexual exploitation, or content that exploits or endangers minors;

use the Services to impersonate a real person, company, government body, brand, or other entity, or to falsely suggest sponsorship, endorsement, affiliation, or authenticity;

use the Services to create or distribute deceptive media, false official documents, false emergency information, false election-related information, or manipulated voice, image, or video content designed to mislead, defraud, harass, or injure others;

use the Services to create malware, harmful code, exploit instructions, credential theft tools, or content intended to interfere with devices, networks, services, APIs, or security controls;

reverse engineer, decompile, disassemble, model-extract, scrape, or otherwise attempt to discover source code, model weights, training data, prompts, hidden features, or underlying components of the Services, except to the extent such restriction is not permitted by applicable law;

circumvent usage limits, rate limits, safety systems, moderation controls, access controls, or technical protections;

use bots, scripts, or automated means to access the Services in a manner that imposes excessive burden, harvests output at scale without permission, or interferes with other users;

upload content that you do not own or do not have the rights, permissions, licenses, and consents necessary to submit and use in connection with the Services;

use cloned voices, avatars, or synthetic media in connection with identity verification, biometric authentication, account recovery, financial authorization, legal evidence, emergency communications, elections, political persuasion, or official government communications in a deceptive or unauthorized manner;

use AI-content detection, rewriting, plagiarism, similarity, or humanization tools to commit academic dishonesty, conceal copied material, evade required AI-use disclosures, misrepresent authorship, or violate a school, employer, publisher, client, platform, or professional policy;

use live AI voice, avatar, or synthetic-media features to deceive a person about who or what they are communicating with, or to obtain money, credentials, access, confidential information, consent, or another benefit through deception;

use the Services to clone, imitate, synthesize, or manipulate a person’s voice, face, image, likeness, or identity without all required rights and consents;

use the Services as the sole basis for decisions involving health care, legal advice, financial advice, employment, housing, education, insurance, credit, immigration, child welfare, public benefits, law enforcement, emergency response, or other high-stakes matters that could affect a person’s rights, safety, opportunities, or well-being.

Cafa AI may define additional usage rules for specific features from time to time, and those rules are incorporated into these Terms when presented to you.

User content and AI-generated output

You may submit prompts, instructions, text, files, documents, images, audio, video, metadata, or other materials to the Services. Those materials are referred to in these Terms as your “Input.”

The Services may generate text, images, video, audio, data, structured documents, or other results in response to your Input. Those results are referred to in these Terms as “Output.”

Input and Output together are referred to as “Content.”

As between you and Cafa AI, and to the extent permitted by applicable law, you retain any rights you have in your Input, and Cafa AI assigns to you any rights Cafa AI may have in Output that is generated for you. This assignment does not transfer any rights in the Services themselves, any models, any software, any templates, any branding, any pre-existing materials, or any underlying technology or know-how.

Because of the nature of artificial intelligence and machine learning, Output may not be unique. Other users may receive the same or similar output, and similar output delivered to other users is not your property merely because your Output resembles it.

You are solely responsible for your Content, including ensuring that you have all required rights, licenses, consents, and permissions to submit Input and to use, publish, share, commercialize, or rely on Output.

You grant Cafa AI a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, process, transmit, display, analyze, modify, create derivative works from, and otherwise use your Content to operate, secure, moderate, maintain, personalize, improve, train, evaluate, and develop the Services and related systems; to provide support; to investigate abuse; to enforce these Terms and Cafa AI policies; and to comply with legal obligations. Cafa AI will exercise this license subject to its Privacy Policy and any settings or controls it makes available to you.

Cafa AI does not guarantee that Output is accurate, complete, current, lawful, non-infringing, suitable for any purpose, or eligible for copyright protection. You are responsible for reviewing and evaluating Output before using it, sharing it, or relying on it.

If your use of Output involves a real person’s likeness, face, voice, cloned or synthetic voice, avatar, image, personal data, proprietary material, or another party’s rights, you are responsible for obtaining all required permissions, consents, licenses, and releases, and for giving all legally or contractually required notices and AI-content disclosures.

You may not remove or circumvent technical labels, provenance information, watermarks, safeguards, or disclosures that Cafa AI applies to synthetic or generated content.

Where law, platform policy, professional standards, or the context requires disclosure that content is AI-generated, synthetic, manipulated, cloned, or avatar-based, you are responsible for providing that disclosure clearly and accurately.

If any Input or Output uses or depicts another person’s face, body, image, likeness, voice, name, personal data, or identity, you must have all rights and permissions required by law and by any applicable platform, contract, employer, school, client, or industry rule.

Consent, likeness, and disclosure obligations

Cafa AI does not guarantee that rewritten or humanized content will avoid AI detection, pass a plagiarism system, be original, qualify for copyright protection, or comply with third-party policies. You remain responsible for all content you submit or publish.

You are responsible for reviewing the original sources, using proper citations, following applicable academic or workplace rules, and obtaining professional or institutional review where needed. You may not use the Services to conceal academic dishonesty, evade disclosure rules, misrepresent authorship, bypass AI-use policies, or disguise unlawful copying.

These tools provide estimates only. They may produce false positives, false negatives, incomplete matches, or inconsistent results. A result does not prove authorship, originality, plagiarism, misconduct, copyright infringement, or compliance with any academic, employment, publishing, platform, or legal requirement.

Cafa AI may provide tools that estimate whether text or other content appears to have been generated by AI, compare content for similarity, identify possible copied material, rewrite content, or make AI-generated content read more naturally or appear more human-written.

AI-content detection, plagiarism checks, and humanization

Cafa AI may refuse, restrict, suspend, remove, or require verification for voice-cloning activity that appears unauthorized, deceptive, harmful, or unlawful. Cafa AI does not guarantee that a synthetic voice will accurately reproduce a voice or that it will be suitable for any particular purpose.

You may not clone or imitate the voice of another person without authorization, including a public figure, private individual, employee, customer, family member, or deceased person where applicable rights remain protected. You may not use a cloned voice for scams, false evidence, political deception, fake endorsements, financial instructions, identity verification, authentication bypass, harassment, or other harmful or misleading purposes.

By submitting voice samples, you represent and warrant that you have all necessary rights, permissions, and consents, including any consent required for biometric, voiceprint, publicity, privacy, employment, performer, or contractual rights.

Cafa AI may allow you to record, upload, or submit voice samples to create a synthetic or cloned voice. You may clone only your own voice or a voice for which you have clear, valid, and legally sufficient permission from the person whose voice is being cloned.

Voice cloning and synthetic voices

You may not represent an AI avatar as a real person, claim a false endorsement, create deceptive testimony, fabricate official communications, or use an avatar in a way that infringes privacy, publicity, trademark, copyright, or other rights.

Library avatars, voices, templates, and related assets remain the property of Cafa AI or its licensors. You receive only the limited right to use them through the Services and subject to any plan, license, usage, attribution, or commercial-use restrictions shown in the product.

Cafa AI may allow you to select an AI-generated person, character, image, or voice from a Cafa AI library, or to upload or create your own image, voice, or other media, and use those materials to generate avatar-based videos or other content.

AI avatars and avatar video generation

You may not use live AI voice features to impersonate another person, place deceptive calls, mislead others about whether they are interacting with a human, or carry out fraud, harassment, threats, or other unlawful conduct.

Live AI voice responses are generated by automated systems. They may be inaccurate, delayed, incomplete, inappropriate, or misunderstood. You remain responsible for reviewing and verifying any information before relying on it.

Cafa AI may allow you to speak with an AI system and receive spoken responses in real time or near real time. To use this feature, you may need to grant microphone access and submit voice or audio input.

Live AI voice interactions

Moderation, safety, and reporting

Cafa AI may use automated tools, human review, or a combination of both to detect, review, block, filter, refuse, remove, or restrict Content or activity that may violate these Terms, applicable law, or the rights or safety of users or third parties.

Cafa AI may, but is not obligated to, monitor all Content or all use of the Services. The failure to detect or remove content does not waive any of Cafa AI’s rights.

If the Services provide in-app reporting, blocking, or flagging tools, you agree to use them responsibly. You may also report suspected violations, harmful outputs, abusive activity, or intellectual-property complaints by contacting Cafaai@niveel.com.

Cafa AI may investigate suspected violations and may cooperate with law enforcement, regulators, rights holders, or other appropriate bodies where required or appropriate.

Intellectual property

The Services, including all software, models, interfaces, workflows, prompts, designs, logos, trademarks, service marks, text, graphics, compilations, audiovisual elements, and all related intellectual property rights, are and remain the property of Cafa AI or its licensors.

Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Services or any Cafa AI intellectual property is transferred to you.

You may not use Cafa AI’s name, logo, trade dress, or branding without its prior written permission.

If you believe that any content available through the Services infringes your copyright, trademark, or other intellectual property rights, you may send a notice to Cafaai@niveel.com that includes enough detail for Cafa AI to identify the allegedly infringing material, the rights claimed, and your authority to act.

Privacy and data processing

Cafa AI’s Privacy Policy explains how Cafa AI collects, uses, processes, stores, shares, retains, and protects personal data and other information in connection with the Services. By using the Services, you acknowledge that your information may be handled as described there.

Depending on how you use the Services, Cafa AI may process account information, profile and preference data, prompts, messages, uploaded files, outputs, billing and subscription information, device and browser information, logs, diagnostics, usage events, and related technical or operational information.

Cafa AI may process and store information in countries and jurisdictions where it or its service providers operate, subject to applicable law and the safeguards described in the Privacy Policy.

Where the Services offer deletion controls, history controls, personalization settings, or similar privacy choices, you are responsible for using those controls if you want to limit certain uses or retention practices.

Security

Cafa AI uses reasonable administrative, technical, and organizational measures designed to protect the Services and user data. However, no system, transmission method, or storage method is fully secure, and Cafa AI cannot guarantee absolute security.

You are responsible for using appropriate security practices on your own devices and accounts, including safeguarding credentials, maintaining updates, and keeping backups of any important Content.

You may not test, scan, probe, or bypass the security of the Services except with Cafa AI’s prior written authorization.

Third-party services, APIs, and external platforms

The Services may rely on or interoperate with third-party infrastructure, hosting providers, payment services, analytics tools, communications vendors, identity services, app stores, APIs, model providers, or other third-party services.

Your access to or use of third-party services may be subject to separate terms, privacy policies, and rules imposed by those third parties. Cafa AI is not responsible for the acts, omissions, content, features, availability, or security of third-party services except to the extent required by law.

The Services may also include links, references, integrations, or outputs that point to third-party websites, materials, or services. Cafa AI does not endorse or guarantee them merely by making them available.

The Services may include advertising, sponsorships, or promotional content. Your dealings with third parties are between you and those third parties unless expressly stated otherwise.

Fees, subscriptions, billing, and refunds

Certain features of the Services may require payment, including recurring subscription plans. The prices, features, usage limits, billing intervals, taxes, and other commercial terms for paid offerings will be shown to you at or before the time of purchase.

If you purchase a subscription, you authorize Cafa AI, the relevant app store, and/or the applicable payment processor to charge the payment method you provide for the recurring fees, taxes, and other applicable charges associated with your plan.

Unless otherwise stated at the time of purchase, subscriptions renew automatically at the end of each billing period until canceled.

If you purchase through an app store or platform such as Google Play or the Apple App Store, billing, cancellation, and refunds may be handled by that store under its own policies, platform tools, and applicable law. You must manage store-billed subscriptions through the store account settings or other store-provided management tools unless the platform provides another process.

If you purchase directly through the Cafa AI website, you may manage or cancel your subscription through your account settings where available or by contacting Cafaai@niveel.com. A cancellation request takes effect at the end of the current billing period unless applicable law requires earlier effect.

Except where required by applicable law, expressly stated by Cafa AI, or provided under an app-store or payment-platform policy that applies to your purchase, fees are non-refundable.

If Cafa AI offers a free trial, introductory price, promotional credit, coupon, or other temporary offer, the offer is subject to the specific terms shown at sign-up. Unless explicitly stated otherwise, a trial or discount may convert into a paid subscription at the end of the promotional period unless canceled before renewal.

Cafa AI may change subscription pricing, plan structure, features, and usage limits from time to time. If a material price change affects a recurring subscription, Cafa AI will provide notice before the change takes effect for your next renewal, and you may cancel before that renewal if you do not agree.

If a payment fails or is reversed, Cafa AI may suspend paid features, downgrade your account, or terminate access to paid services until the issue is resolved.

If Cafa AI permanently discontinues a paid service for which you prepaid and for which no substantially equivalent replacement is provided, Cafa AI may provide a refund, credit, or prorated adjustment where required by law or where Cafa AI chooses to do so.

Beta, preview, and experimental features

Cafa AI may label certain features as beta, preview, alpha, early access, experimental, or similar. Those features are provided on an “as is” and “as available” basis for testing and evaluation.

Beta or experimental features may be incomplete, unstable, inaccurate, interrupted, unavailable in all regions, or removed at any time without notice. Cafa AI is not obligated to continue, support, correct, or commercially release those features.

To the fullest extent permitted by law, beta and experimental features are excluded from any service-level commitments, uptime expectations, or special indemnification obligations unless Cafa AI expressly states otherwise in writing.

Feedback

If you provide feedback, ideas, suggestions, comments, ratings, reactions, or proposed improvements about the Services, you grant Cafa AI a worldwide, perpetual, irrevocable, royalty-free, transferable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and otherwise exploit that feedback for any lawful purpose without compensation, notice, or attribution to you.

Accessibility

Cafa AI aims to make the Services reasonably accessible and to improve compatibility with commonly used assistive technologies over time. Accessibility may vary depending on device, browser, operating system, feature set, and third-party dependencies.

If you experience an accessibility barrier or need support using the Services, you may contact Cafaai@niveel.com, and Cafa AI will use reasonable efforts to review the issue and consider appropriate improvements.

Disclaimers of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFA AI AND ITS AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AVAILABILITY, SECURITY, OR ACCURACY.

CAFA AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, ORIGINAL, LAWFUL, OR SUITABLE FOR YOUR PURPOSES.

AI OUTPUT IS PROBABILISTIC AND MAY BE INCORRECT, INCOMPLETE, BIASED, OFFENSIVE, OR MISLEADING. YOU MUST EXERCISE YOUR OWN JUDGMENT AND USE HUMAN REVIEW BEFORE USING OR RELYING ON OUTPUT.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR PROFESSIONAL SERVICES. THE SERVICES ARE NOT MEDICAL, LEGAL, FINANCIAL, TAX, ACCOUNTING, MENTAL-HEALTH, EMERGENCY, OR OTHER REGULATED PROFESSIONAL SERVICES, AND THEY ARE NOT DESIGNED OR LICENSED TO SATISFY REGULATORY OR SAFETY OBLIGATIONS.

Feature-specific disclaimers

LIVE AI VOICE, VOICE CLONING, AVATAR, AI-DETECTION, PLAGIARISM, SIMILARITY, REWRITING, AND HUMANIZATION FEATURES ARE PROVIDED “AS IS” AND MAY PRODUCE ERRORS, DELAYS, FALSE POSITIVES, FALSE NEGATIVES, INACCURATE SPEECH, UNINTENDED RESEMBLANCES, OR MISLEADING RESULTS.

CAFA AI DOES NOT VERIFY THAT YOU HAVE OBTAINED EVERY REQUIRED CONSENT OR RIGHT FOR A VOICE, FACE, LIKENESS, IMAGE, AVATAR, OR OTHER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING THOSE RIGHTS AND FOR YOUR USE, DISTRIBUTION, PUBLICATION, OR COMMERCIALIZATION OF GENERATED CONTENT.

CAFA AI DOES NOT GUARANTEE THAT CONTENT WILL BE ORIGINAL, NON-INFRINGING, UNDETECTABLE AS AI-GENERATED, FREE FROM PLAGIARISM, ACCEPTABLE TO A SCHOOL, EMPLOYER, PUBLISHER, CLIENT, PLATFORM, OR REGULATOR, OR SUITABLE AS EVIDENCE OF HUMAN AUTHORSHIP.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFA AI AND ITS AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR CONTENT, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CAFA AI AND ITS AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CAFA AI FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US$50).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited, and nothing in these Terms limits any non-waivable rights or remedies you may have under applicable consumer law.

Indemnification

If you use the Services for a business, commercial, or organizational purpose, or if applicable law otherwise permits this obligation to apply to you, you agree to defend, indemnify, and hold harmless Cafa AI and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against all third-party claims, demands, proceedings, damages, losses, liabilities, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:

your Content;

your use or misuse of the Services;

your violation of these Terms or applicable law; or

your infringement or misappropriation of any right of another person or entity.

Cafa AI may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate with that defense.

Suspension and termination

You may stop using the Services at any time. You may also cancel your subscription and request account deletion using the tools and contact routes that Cafa AI makes available.

Cafa AI may suspend, restrict, disable, remove, or terminate your access to some or all of the Services, with or without notice, if Cafa AI reasonably believes that:

you violated these Terms or other applicable policies;

your use creates legal, reputational, security, financial, or safety risk for Cafa AI, users, or third parties;

your account or Content is connected with fraud, abuse, deception, harmful conduct, or unlawful activity;

payment for paid services is overdue, reversed, or cannot be processed;

Cafa AI is required to do so by law, court order, governmental request, or platform requirement; or

Cafa AI discontinues the relevant Service or feature.

Upon termination, the license granted to you under these Terms ends immediately. Sections that by their nature should survive termination will survive, including sections on intellectual property, payment obligations accrued before termination, disclaimers, limitation of liability, indemnification, dispute resolution, export controls, and miscellaneous terms.

Governing law and dispute resolution

Before filing a formal claim, you and Cafa AI agree to try to resolve any dispute informally by written notice sent to Cafaai@niveel.com and, if provided by you, to your account email or other written contact details. Each party will use reasonable efforts to resolve the dispute informally within thirty days after notice is received.

Unless a supplemental regional term or mandatory law says otherwise, these Terms and any dispute, claim, or controversy arising out of or relating to the Services or these Terms are governed by the laws of the State of Delaware, United States. Nivee LLC is the operating company of Cafa AI, without regard to conflict-of-law rules.

Unless mandatory law gives you the right to bring a claim elsewhere, any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in the State of Delaware, United States, and you and Cafa AI consent to personal jurisdiction and venue there.

Nothing in this section limits any rights you may have under mandatory consumer-protection laws or other non-waivable laws that apply in your place of residence.

Export controls and sanctions

You may not use, access, export, re-export, transfer, or otherwise deal with the Services or any related software, technology, or output in violation of applicable export-control, sanctions, trade, or embargo laws and regulations.

You represent and warrant that you are not located in, ordinarily resident in, organized under the laws of, or acting on behalf of a person or entity located in or subject to restrictions under any jurisdiction or sanctions program where access to the Services would be prohibited by applicable law.

Changes to the Services and these Terms

Cafa AI may modify, suspend, or discontinue any part of the Services at any time. Cafa AI may also update these Terms from time to time to reflect changes in the Services, the law, platform requirements, or business operations.

If Cafa AI makes a material change to these Terms, it will provide notice by reasonable means, such as through the Services, by email, or by updating the effective date. The revised Terms become effective on the stated effective date.

If you continue to use the Services after revised Terms become effective, you agree to the revised Terms. If you do not agree, you must stop using the Services and, if applicable, cancel your subscription.

Miscellaneous

These Terms, together with the Privacy Policy and any additional terms that apply to specific features or transactions, form the complete agreement between you and Cafa AI regarding the Services and supersede prior understandings relating to the same subject matter.

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect to the fullest extent permitted by law.

Cafa AI’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

You may not assign or transfer these Terms or your rights under them without Cafa AI’s prior written consent. Cafa AI may assign or transfer these Terms, in whole or in part, as part of a corporate reorganization, merger, sale of assets, financing, or similar transaction.

Headings are for convenience only and do not affect interpretation.

Contact and support

If you have questions about these Terms, the Services, accessibility, billing, account deletion, or legal notices, you may contact Cafa AI at:

Cafaai@niveel.com