Terms of Service

Welcome to Cuta, the provider and operator of the services available at cuta.app ("Cuta", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

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1. Eligibility and Account

1. You must have legal capacity to enter into a binding agreement to use the Services.
2. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3. You must provide accurate and complete information and keep your account information up to date.
4. We may suspend or terminate accounts that violate these Terms or present security/risk concerns.

2. Use of the Services

You may use the Services only in compliance with these Terms and applicable law.

You agree not to:

1. Use the Services for unlawful, harmful, fraudulent, or abusive purposes.
2. Interfere with, disrupt, or attempt unauthorized access to systems, networks, or data.
3. Reverse engineer, decompile, or attempt to extract source code except where permitted by law.
4. Use automated means to scrape or harvest data in violation of our policies.
5. Circumvent rate limits, security controls, or usage restrictions.

3. User Content

1. Your Content: You may submit, upload, or generate content through the Services ("User Content").
2. Ownership: As between you and Cuta, you retain ownership of your User Content, subject to rights granted in these Terms.
3. License to Cuta: You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display User Content as necessary to operate, maintain, and improve the Services.
4. Responsibility: You are solely responsible for your User Content and represent that you have all required rights to submit and use it.
5. Removal: We may remove or restrict access to User Content that violates these Terms, applicable law, or third-party rights.

4. AI-Generated Output

1. The Services may generate outputs using AI models. Outputs may be inaccurate, incomplete, or unsuitable for specific purposes.
2. You are responsible for reviewing and validating outputs before relying on or publishing them.
3. Similar or identical outputs may be generated for other users.
4. Unless otherwise stated, Cuta does not guarantee uniqueness, accuracy, merchantability, fitness for a particular purpose, or non-infringement of generated outputs.

5. Acceptable Use and Prohibited Content

You must not use the Services to create, upload, or distribute content that:

1. Violates laws, regulations, or third-party rights.
2. Infringes intellectual property, privacy, publicity, or contractual rights.
3. Is defamatory, fraudulent, hateful, exploitative, or otherwise abusive.
4. Contains malware, malicious code, or attempts to compromise systems.
5. Relates to restricted use cases prohibited by applicable law or platform policy.

We may investigate violations and take action, including content removal, account suspension, or reporting to authorities where required.

6. Fees, Billing, and Subscriptions

If you purchase paid features:

1. You agree to pay all applicable fees, taxes, and charges.
2. Subscription plans may renew automatically unless canceled before the renewal date.
3. Fees are generally non-refundable except as required by law or expressly stated in our Refund Policy.
4. We may change pricing with advance notice where required by law.
5. Failure to pay may result in suspension or termination of paid access.

7. Intellectual Property

1. The Services, including software, design, trademarks, and other materials (excluding User Content), are owned by Cuta or its licensors and are protected by law.
2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services.
3. You may not use our branding, logos, or trademarks without prior written permission.

8. Third-Party Services

The Services may integrate with or link to third-party products, websites, tools, or APIs. We are not responsible for third-party services, and your use of them is governed by their terms and policies.

9. Privacy

Our collection and use of personal information are described in our Privacy Policy. By using the Services, you acknowledge our data practices as described there.

10. Service Availability and Changes

1. We may modify, suspend, or discontinue all or part of the Services at any time.
2. We do not guarantee uninterrupted, error-free, or secure operation of the Services.
3. We may release updates, patches, or new features, and may impose or adjust usage limits.

11. Disclaimers

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law:

1. Cuta and its affiliates, officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business opportunity.
2. Our aggregate liability for all claims relating to the Services will not exceed the amount paid by you to Cuta for the Services in the 12 months preceding the event giving rise to the claim (or USD 100 if no such payments were made), unless otherwise required by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Cuta and its affiliates from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

1. Your use of the Services;
2. Your User Content;
3. Your violation of these Terms or applicable law; or
4. Your infringement of third-party rights.

14. Termination

1. You may stop using the Services at any time.
2. We may suspend or terminate your access immediately if you violate these Terms or if required for legal, security, or operational reasons.
3. Upon termination, provisions that by nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute terms) will survive.

15. Governing Law and Dispute Resolution

These Terms and any dispute relating to the Services are governed by the applicable laws that have lawful authority over the dispute, without giving effect to rules that would require the application of another jurisdiction's laws. If you use the Services as a consumer, nothing in these Terms limits the mandatory protections or remedies available to you under the laws of your place of residence.

Before starting formal proceedings, you and Cuta agree to make a good-faith effort to resolve the dispute by sending a written notice to [email protected]. The notice must describe the dispute and the requested resolution. If the dispute is not resolved within 30 days after receipt of the notice, either party may bring the claim before a court with lawful jurisdiction over the parties and the subject matter.

Nothing in this section prevents either party from seeking urgent injunctive relief, using an eligible small-claims procedure, reporting a matter to a regulator, or exercising rights that cannot be waived under applicable law.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date and provide notice where required by law.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

17. Contact Us

If you have questions about these Terms, please contact us:

• Support: [email protected]
• Legal notices: [email protected]
• Contact page: https://cuta.app/contact