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Terms of Service

Last updated October 25, 2026 · Castify LLC · Privacy Policy

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding legal agreement between you and Castify LLC, a Massachusetts limited liability company (“Castify,” “we,” “us,” or “our”). They govern your access to and use of the castify ai mobile application, the castify.fm website, the castify web app, shared episode pages (such as links on p.castify.fm), and every related feature, product, program and service we offer (together, the “Service”).

By downloading, installing, accessing or using the Service, creating an account, clicking to accept, or starting a subscription or free trial, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is part of these Terms. If you do not agree, do not use the Service.

Please read Section 23 (Dispute Resolution) carefully. Except for certain types of disputes described there, you and Castify agree to resolve disputes through final and binding individual arbitration, and you waive the right to participate in a class action or class-wide arbitration and the right to a jury trial. You can opt out of arbitration within 30 days as explained in Section 23.

If you use the Service on behalf of a school, company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

2. Changes to the Service and to these Terms

The Service is evolving quickly. We may add, change, limit, suspend or discontinue any part of the Service at any time, with or without notice, including features, hosts and voices, formats, episode lengths, languages, usage limits, free allowances, pricing and availability in any country. We are not liable to you or anyone else for any such change.

We may update these Terms from time to time. When we do, we will change the “Last updated” date above, and if a change is material we will give reasonable notice, for example in the app, on our website or by email. Changes take effect when posted unless we say otherwise. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree to a change, you must stop using the Service and, if applicable, cancel your subscription. Changes to Section 23 will not apply to any dispute of which we had actual notice before the change.

3. Who may use the Service

  • Minimum age. You must be at least 13 years old to use the Service. If you live in a country or region that requires a higher minimum age to consent to the processing of personal data (for example, 16 in some parts of the European Economic Area), you must be at least that age, or have the consent of a parent or guardian where the law allows it. The Service is not directed to children under 13 and we do not knowingly collect personal information from them.
  • Minors. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement and permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use, including any purchases.
  • Mature content. Some hosts, characters, formats and content are intended only for adults (for example, hosts described as 18+ or that use profanity). You must be at least 18 to select or use them. By selecting such content you represent that you are an adult.
  • Legal eligibility. You may not use the Service if you are barred from doing so under applicable law, if you are located in a country subject to comprehensive U.S. sanctions, or if you appear on any U.S. government list of prohibited or restricted parties.
  • Previous removal. You may not use the Service if we have previously suspended or terminated your account, unless we give you written permission.

4. Your account

You may need an account to use some or all of the Service. You can sign in with Sign in with Apple, Google or another method we offer. You agree to provide accurate information, keep it up to date, and keep your device and sign-in credentials secure. You are responsible for all activity that happens under your account, whether or not you authorized it, and you must tell us promptly at nate@castifyapp.com if you believe your account has been compromised.

Your account is personal to you. You may not sell, transfer, share or let anyone else use your account. Usernames, handles and display names are provided as a convenience and remain subject to our control: we may refuse, change, reclaim or remove any username at any time, including names that impersonate others, infringe trademarks, are offensive, or are inactive.

5. What the Service does

castify ai uses artificial intelligence, including large language models, text-to-speech, speech recognition, voice cloning and related technologies provided by us and by third-party providers, to turn material and topics you provide into audio episodes, transcripts, quizzes and related content, and to let you interact with AI hosts. Features may include, among others: uploading documents, photos and links; typing topics; deep research that gathers information from the web; choosing hosts, voices, formats, lengths and languages; collections and multi-part paths; interactive “ask your host” and voice conversation features; sharing and publishing episodes; and recommendations.

Some features are offered as previews, betas or experiments. They may be unreliable, may change or disappear, and are provided without any commitment.

We may impose and change limits on use of the Service at any time, including limits on the number, length or frequency of episodes, uploads, file sizes, voice conversation minutes, research requests, storage, and free trials. We may also use automated systems to decide which requests to fulfil, delay, shorten or refuse.

6. AI-generated content: important limitations

Everything the Service generates, including episodes, scripts, transcripts, summaries, explanations, quiz questions, answers in voice conversations, research results and anything a host or character says (“Output”), is produced automatically by AI. You understand and agree that:

  • Output can be wrong. Output may be inaccurate, incomplete, outdated, biased, offensive, repetitive or entirely made up (sometimes called “hallucinations”), even when it sounds confident and even when it is based on material you uploaded. Output may misread, mis-transcribe or misunderstand your material.
  • Verify before you rely. You are solely responsible for evaluating Output and for checking it against reliable sources, your course materials and your instructors before relying on it for any purpose, including exams, assignments, clinical or professional work, or any decision.
  • Not professional advice. Output is for general educational and entertainment purposes only. It is not medical, nursing, clinical, pharmacological, legal, financial, tax, investment, psychological, safety or other professional advice, and it does not create any professional relationship. Never disregard professional advice or delay seeking it because of something you heard on the Service. In an emergency, contact local emergency services.
  • No guaranteed results. We do not promise that using the Service will improve your grades, test scores, licensing exam outcomes, learning or performance.
  • Academic integrity is your responsibility. You are responsible for following the rules of your school, course, instructor, employer and any examining body, including rules about AI tools, recording, and use of course materials.
  • Output may be similar for different users. Because of how AI works, Output for you may be the same as or similar to Output for others. Other users may receive Output that resembles yours, and that does not infringe any right of yours.
  • Web research. Deep research and link features may retrieve and summarize third-party websites. We do not control, endorse or guarantee third-party content, and summaries may not reflect the source accurately.

7. Hosts, characters and voices

The Service offers AI hosts and characters with names, personalities, artwork and synthetic voices (“Characters”). Characters are fictional AI personas. Some Characters may be original creations of Castify; some may be parodies, impressions or caricatures inspired by public figures or by fictional characters, provided for commentary, parody and entertainment.

  • Unless we expressly say otherwise, no real person, celebrity, public figure, rights holder or studio has sponsored, endorsed, approved or is affiliated with the Service or any Character, and nothing a Character says is a statement by, or represents the views of, any real person.
  • Characters and their voices are generated by AI and may say things that are inaccurate, inappropriate or offensive. Character statements are Output and subject to Section 6.
  • You may not use Characters or Output to impersonate any real person, to make anyone believe that a real person said or endorsed something, to defame, harass or deceive anyone, or to create misleading content about real people, elections or current events.
  • We may add, change, rename, retire or remove any Character or voice, in any country, at any time and for any reason, including in response to a request from a third party.
  • Character names, artwork, personalities and voices are our property or our licensors' property. You may not extract, record for training, clone, or reuse any Character or voice outside the Service.

8. Your content and the rights you give us

“Your Content” means anything you submit to or through the Service, including documents, slides, notes, photos, images, pasted text, links, topics, prompts, instructions, recordings of your voice, messages and conversation history with hosts, feedback on episodes, profile information, and anything you publish or share.

You keep ownership. As between you and Castify, you retain whatever ownership rights you have in Your Content.

License to Castify. To let us run and grow the Service, you grant Castify and our affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and sublicensable (through multiple tiers) license to host, store, cache, copy, reproduce, process, analyze, transcribe, translate, adapt, modify, create derivative works from, combine with other content, publicly perform, publicly display and distribute Your Content, in any media now known or later developed, for the purposes of:

  • providing, operating, maintaining, securing and supporting the Service for you and others;
  • creating your episodes, transcripts and other Output, including by sending Your Content to our service providers (for example AI model, speech and voice providers, cloud hosting and storage);
  • improving, testing, evaluating, debugging and developing the Service and new products, features, models and technologies, including training, fine-tuning and evaluating artificial intelligence and machine-learning models (as described in our Privacy Policy, including the ways you can opt out);
  • safety, moderation, fraud prevention, enforcing these Terms and complying with law; and
  • for content you publish, make public or share through the Service (for example on Explore or through a public share link): displaying, distributing, featuring and promoting it within and outside the Service, including in our marketing, social media, app store pages and press, with or without attribution, as we choose.

We will not use the private material you upload (for example, your class notes) in our external marketing without your permission. The license above continues after you delete Your Content or your account to the extent Your Content has been shared or published, incorporated into aggregated or de-identified data or trained models, or retained as described in our Privacy Policy.

Your promises about Your Content. You represent and warrant that: (a) you own Your Content or have all rights, licenses, consents and permissions needed to submit it and to grant the license above; (b) Your Content and our use of it as permitted by these Terms will not infringe, misappropriate or violate anyone's intellectual property, privacy, publicity or other rights, or any law, school policy or contract; (c) if Your Content includes personal information or the voice or likeness of another person, you have their permission; and (d) you will not upload sensitive personal information about yourself or others (such as health records, government ID numbers, financial account numbers or passwords) unless it is necessary for your own study and you accept the risk of doing so.

Copyrighted textbooks, course packs, lecture recordings and similar materials may be protected by law or by your school's rules. You are solely responsible for making sure you are allowed to upload them and to create audio versions of them.

We have no obligation to store, maintain or back up Your Content or Output, and you are responsible for keeping your own copies of anything important.

9. Ownership and use of Output

As between you and Castify, and to the extent permitted by law, Castify owns all right, title and interest in Output and in the Service, including the technology, methods, models, prompts, Characters, voices, designs and audio used to create it. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to access, stream, download (where the Service allows it) and use Output for your own personal, non-commercial learning and enjoyment, and to share it using the sharing features we provide.

You may not, without our prior written permission: sell, license, rent or otherwise commercialize Output; republish Output as part of another product, course or service; strip any attribution or watermark; or represent Output as human-created where that would mislead anyone. AI-generated Output may not be protected by copyright in some countries, and you should not assume that you can prevent others from using similar content.

We may use, reuse, modify and distribute Output generated for you, including in de-identified or aggregated form, for any purpose permitted by our Privacy Policy, and we may use Output you have shared or published in the ways described in Section 8.

10. Sharing, Explore and public content

  • Share links. When you share an episode, anyone with the link may be able to listen to it, see its title, hosts and other details, and share the link further, whether or not they have an account. Links may be indexed or previewed by other services (for example messaging apps and search engines).
  • Publishing. If you publish an episode or collection to Explore or another public area, it may be visible to anyone, along with your username, display name, profile information and statistics such as listens. Publishing may be subject to review, and we may approve, reject, delay, edit metadata of, feature, rank, de-rank, hide or remove anything at our discretion.
  • Rights you confirm. When you publish, you confirm that you have the rights described in Section 8 and that the content follows these Terms.
  • Unpublishing. You can unpublish content where the Service allows it, but copies may remain in caches, in other users' libraries or devices, in third-party services, in our backups for a period, or where already used in our marketing before you unpublished.
  • Other users' content. Content published by other users is their responsibility. We do not endorse it, and we are not responsible for it, but we may remove it if it violates these Terms.

11. Voice conversations and recordings

Some features let you talk to a host using your microphone. When you use them, your voice is recorded and processed (including by our speech and AI providers) to transcribe what you say and to generate spoken replies, and the conversation may be stored so the host can remember it. You must not use voice features to record other people without their consent where consent is required, and you must not speak or submit content that violates these Terms. Voice features may misunderstand you and should never be used in an emergency.

12. Rules you must follow

You agree not to, and not to help or allow anyone else to:

  • use the Service in violation of any law, regulation, court order, school rule or third-party right, or to promote or facilitate illegal activity;
  • upload, generate, publish or share content that is sexually explicit involving minors (which we report to authorities), sexually exploitative, non-consensual, hateful, harassing, threatening, violent extremist, defamatory, fraudulent, or that promotes self-harm, suicide, eating disorders or dangerous activities;
  • use the Service to create misinformation or disinformation, deceptive impersonations, deepfakes, robocalls, spam, or political campaign material intended to mislead;
  • infringe or misappropriate anyone's copyright, trademark, trade secret, patent, privacy or publicity rights, or upload material you do not have the right to use;
  • upload personal information about others without a lawful basis, or use the Service to stalk, dox, profile or surveil anyone;
  • attempt to obtain medical, legal or financial decisions from the Service instead of a qualified professional where your safety, health or rights depend on it;
  • circumvent, disable or interfere with usage limits, paywalls, subscription checks, free-trial rules, referral rules, content filters, safety systems, access controls or any security feature;
  • create multiple accounts, use fake identities, or abuse referral codes, promotions or free trials;
  • scrape, crawl, harvest or bulk download any part of the Service, its content or other users' data, or use automated means to access the Service except through interfaces we expressly provide;
  • reverse engineer, decompile, disassemble, decrypt or attempt to derive source code, models, model weights, prompts, voices or underlying components of the Service, except to the extent such restriction is prohibited by law;
  • use the Service or any Output to develop, train or improve any competing product, model or service, or to clone, imitate or extract any voice or Character;
  • attempt prompt injection, jailbreaking or other techniques to make the Service produce prohibited content or reveal confidential information;
  • upload viruses, malware or anything harmful, overload or attack our systems, or probe, scan or test the vulnerability of any system without our written permission;
  • resell, sublicense, rent, lease or otherwise commercially exploit the Service or access to it without our written agreement;
  • remove or alter any proprietary notices, attributions or labels; or
  • use the Service in any way that we reasonably believe could harm Castify, our users, our providers or the public, or expose any of them to liability.

We may investigate suspected violations and take any action we consider appropriate, including removing content, restricting features, suspending or terminating accounts without refund, and reporting to and cooperating with law enforcement or other authorities. We may monitor, filter and review use of the Service and content, using automated tools and human review, but we are not obligated to do so.

14. Subscriptions, free trials and payments

  • Free and paid features. Some features are free, often with limits, and others require a paid subscription or purchase (“Pro” or similar). We decide which features are free or paid and may change that at any time.
  • Billing through app stores. Purchases in the app are processed by Apple (or another app store) under its terms. Prices, taxes, currency and payment methods are set out at the time of purchase. Your payment relationship for in-app purchases is with the app store, and its terms and refund policies apply.
  • Auto-renewal. Subscriptions renew automatically at the end of each period at the then-current price unless you cancel at least 24 hours before the end of the current period (or as otherwise required by the app store). You can manage or cancel in your Apple ID (or app store) account settings. Deleting the app or your account does not cancel your subscription.
  • Free trials and introductory offers. If you start a free trial or discounted introductory period, you will be charged the regular subscription price when it ends unless you cancel before it ends. Eligibility is limited (generally one per person and per Apple ID) and we may change or end offers at any time.
  • Price changes. We may change prices. Where required, you will be notified in advance and asked to agree, and if you do not agree your subscription will end at the end of the current period.
  • Refunds. Except where required by law or by the app store's policies, payments are non-refundable, and we do not provide refunds or credits for partial periods, unused features or episodes, downgrades, or if your account is suspended or terminated for violating these Terms. Refund requests for in-app purchases must be made to the app store.
  • Credits, referrals and promotions. Free episodes, credits, referral rewards and promotional benefits have no cash value, are not transferable, may expire, and may be modified, revoked or forfeited at any time, including for suspected abuse.
  • Web purchases. If we offer purchases on the web, you authorize us and our payment processor to charge your payment method for the price shown, including recurring charges, until you cancel as explained at checkout.
  • Taxes. You are responsible for any taxes associated with your purchases, other than taxes on our income.

15. Third-party services

The Service relies on and may link to products, services, websites and content operated by third parties, including app stores, sign-in providers, AI and voice providers, cloud providers, analytics and advertising partners, social networks and websites you ask us to read. Your use of third-party services is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, content, security or practices, and we do not endorse them.

16. Feedback and ideas

If you send us ideas, suggestions, feature requests, reviews, ratings or other feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publish and commercialize it for any purpose without compensation or attribution to you. Reviews and ratings you post publicly (for example on an app store or social media) may be quoted by us with your public name or handle.

17. Our intellectual property

The Service and everything in it, including software, code, models, prompts, processes, designs, interfaces, text, graphics, illustrations, 3D artwork, animations, sounds, music, voices, Characters, the “castify” and “castify ai” names and logos, and all intellectual property rights in them (including our patent-pending technology), are owned by Castify or our licensors and are protected by law. Except for the limited licenses expressly granted in these Terms, we reserve all rights. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the app on devices you own or control, and to use the Service, for your personal, non-commercial use.

18. Creator Challenge Terms

This Section (the “Creator Terms”) governs the castify ai TikTok Creator Challenge and any similar paid-posting challenge we run in the app (the “Challenge”). By tapping “Start challenge,” accepting the Terms & conditions in the app, or submitting a video, you agree to these Creator Terms and to the rest of these Terms. If anything in this Section conflicts with the rest of these Terms, this Section controls for the Challenge. Words defined below (such as “Qualified Views”) have the meaning given here.

The short version. Approved videos with fewer than 20,000 Qualified Views earn a flat $1.00. Approved videos with 20,000 or more Qualified Views earn $2.00 per 1,000 Qualified Views. Every video is capped at $200.00, no matter how many views it gets. Views are counted for 30 days. Payouts are sent within 60 days after that 30-day count ends, so expect up to about 90 days from submitting to getting paid. You must be 18 or older. Approval is at our sole discretion. Any year-end award is paid only if a video reaches 10,000,000 Qualified Views. Nothing here guarantees you will earn anything.

18.1 Who can take part

  • Age. You must be at least 18 years old (or the age of majority where you live, if higher) to submit videos or receive any payment. Videos submitted by, or payments requested for, anyone under that age are not eligible, even with a parent's permission.
  • Your own account. You may only submit videos posted from a public TikTok account that you personally own and control. We may ask you to prove this, for example by adding a code to your bio or sending us a message from the account. One person may take part through only one castify ai account. You may not submit videos for, or on behalf of, anyone else.
  • Where you live. The Challenge is void where prohibited or restricted by law. You may not take part if you live in, or are a national of, a country or region subject to U.S. sanctions or embargoes, or if you are on any U.S. government restricted-party list. Payout methods vary by country (outside the United States, only PayPal may be offered), and we may limit or close the Challenge in any country at any time.
  • Your other obligations. You are solely responsible for making sure that taking part and accepting payment is allowed by every rule that applies to you, including the rules of your school, employer, team, athletic association (including name, image and likeness rules), scholarship or grant, and any visa or immigration status. For example, some student visas (such as F-1 or J-1) restrict paid work in the United States. If you are not allowed to accept payment, do not take part. We may decline to pay anyone whom we believe is not allowed to accept it.
  • Not eligible. Castify's members, managers, employees and contractors, people who are already paid by Castify under a separate creator or marketing agreement (for videos covered by that agreement), and their immediate family and household members are not eligible.

18.2 What a video must include

To be eligible, a video (a “Video”) must meet every one of these requirements, as determined by us:

  • it is original, created by you, and shows real, genuine use of the castify ai app;
  • it was first posted publicly on TikTok on or after the day you started the Challenge, and is submitted in the app within seven (7) days after it was first posted;
  • it shows “castify ai” on screen and includes #castifyai in the caption, plus any other hashtag, tag or link we ask for;
  • it is clearly disclosed as a paid promotion, by switching on TikTok's content disclosure setting (labelled “Paid partnership” or similar) and by including a clear disclosure such as #ad, in the language of the Video, that viewers can see without clicking “more”. You must make these disclosures for every Video, whether or not you expect it to be approved. This is required by the U.S. Federal Trade Commission's Endorsement Guides and similar laws in other countries, and by TikTok's Branded Content Policy;
  • everything you say about castify ai reflects your honest opinion and actual experience. You may not claim that castify ai guarantees grades, test scores or results, that it is made or endorsed by any school, company or person, or anything else that is false or misleading;
  • it complies with TikTok's Terms of Service, Community Guidelines and Branded Content Policy, with Section 12 of these Terms, and with all applicable laws;
  • it does not include anyone else (or their voice, name or personal information) unless they are 18 or older and have agreed to appear and to the license in Section 18.6, and it never shows a minor other than you;
  • it does not include music, sounds, clips, logos, artwork or other material that you do not have the right to use for commercial promotion. Use only original audio or sounds from TikTok's Commercial Music Library;
  • it does not encourage cheating, plagiarism or academic dishonesty, or show schoolwork, exams or materials that you are not allowed to share;
  • it does not show sexual content, nudity, violence, drugs, alcohol, hate, harassment, bullying, dangerous acts, or anything that, in our sole judgment, could harm or embarrass Castify or its brand;
  • it does not mention, show or promote any competing product in a positive way, and does not disparage any person or company; and
  • it is not a duplicate, re-upload, stitch or near-copy of another Video, whether posted by you or by anyone else, and has not been submitted to us before.

You must keep each Video public and unedited on TikTok, with its disclosures in place, for at least ninety (90) days after it was first posted, and you may not delete it, make it private, or remove the disclosure during that time. If we ask you to edit, add a disclosure to, or take down a Video at any time (for example because it is inaccurate or breaks these Terms), you must do so within 48 hours.

18.3 Review and approval

Every submission is reviewed by us. We may approve or reject any Video, or withdraw an approval before payment, at our sole and absolute discretion and for any reason or no reason, including content quality, brand fit, accuracy, suspected fraud, the Challenge budget, or the number of Videos we have already approved. Submitting a Video does not create any obligation for us to approve or pay for it. Our decisions about eligibility, approval, view counts and payout amounts are final and binding. If we reject a Video we may, but do not have to, tell you why.

18.4 How payouts are calculated

  • Counting Period. Views are counted for thirty (30) days, starting on the day you submit the Video in the app (the “Counting Period”). Views after the Counting Period do not count toward any per-video payout.
  • Qualified Views. “Qualified Views” means the public view count TikTok shows for the Video, as recorded by us during or at the end of the Counting Period, less any views we determine to be invalid. Invalid views include views from paid promotion of any kind (including TikTok Promote, ads and Spark Ads, whether paid for by you, by us or by anyone else), bots, view-buying, click farms, engagement groups or pods, incentivized views, repeated self-viewing, or any other artificial or manipulated activity. Our count is final, even if it differs from what you see in TikTok or in your analytics.
  • Videos under 20,000 Qualified Views. An approved Video with fewer than 20,000 Qualified Views earns a flat $1.00. In certain situations we may, at our sole discretion, pay up to $2.00 for such a Video, but this is never required and does not create any expectation for other Videos.
  • Videos with 20,000 or more Qualified Views. An approved Video with 20,000 or more Qualified Views earns $2.00 for every 1,000 Qualified Views (prorated and rounded down to the nearest cent).
  • Cap. No Video will earn more than $200.00 in total, however many views it receives.
  • Rates may change. We may change the rate, the flat amount, the 20,000 view threshold, the cap, the Counting Period and any other payout term at any time by updating these Terms or showing the change in the app. Changes apply to Videos submitted after the change is posted. Videos submitted before the change are paid under the terms in effect when they were submitted.
  • Estimates are not offers. Any amount, view count, “est.” figure, counter or total shown in the app, on our website or in any message is an estimate for information only. Only the amount we confirm when we mark a Video as paid is owed. We may correct any error, including an obvious error in an amount shown to you.
  • Budget and limits. The Challenge has a limited budget. We may limit the number of Videos per person (per day, per month or in total), the total paid to any one person, and the total paid across the Challenge. Once a budget or limit is reached we may stop accepting or approving submissions, and Videos that have not been approved are not owed anything.

18.5 When and how you are paid

  • Timing. We send payouts in batches, generally within sixty (60) days after the end of a Video's Counting Period. That means it can take about ninety (90) days or more from submitting a Video to receiving payment. We may delay a payout further while we review a Video for fraud or for compliance with these Terms, while we wait for any information or tax form we have asked for, or because of a problem with a payment provider. A delay is not a breach of these Terms, and no interest or late fee is owed on any payout.
  • Payout details. We pay through the payout method you choose in the app from the methods we offer (for example Venmo, Cash App, PayPal or Zelle), to the account and name you provide. You must give accurate details for an account in your own legal name. We are not responsible for, and will not re-send, any payment sent to the details you provided, including if they are wrong or belong to someone else. You can update your details in the app before a payout is sent.
  • Currency and fees. Payouts are made in U.S. dollars. You are responsible for any fees, currency conversion, limits or holds charged or imposed by your payment provider or bank.
  • Failed payments. If a payment fails or is returned and you do not give us working payout details within ninety (90) days after we ask, we may cancel that payout, to the extent permitted by law.
  • Taxes. You are an independent participant, and payouts are payments for the content and license you provide. You are solely responsible for reporting and paying any taxes on what you receive. We may ask for a tax form (such as an IRS Form W-9 or W-8BEN), your legal name, address and taxpayer identification number before paying you, may hold payouts until we receive them, may report payouts to tax authorities, and may withhold any amount the law requires. Payment providers may also report payments to you.
  • Clawback and set-off. If we pay you by mistake, pay more than you earned, or later find that a Video broke these Terms (for example because views were artificial, the disclosure was missing, or the Video was deleted or made private within the 90 days required by Section 18.2), you must repay that amount within 30 days of our request, and we may deduct it from any other amount we owe you.

18.6 Rights you give us in your Videos

You keep ownership of your Videos. In exchange for the chance to earn payouts under these Creator Terms, which you agree is full and fair payment, you grant Castify and its affiliates, successors and the companies we work with a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable license to use, copy, edit, cut, caption, translate, dub, adapt, combine with other material, distribute, publicly display and perform, and create derivative works of each Video you submit, and to use your name, TikTok username, image, likeness, voice and statements in or about the Video, in any media now known or later developed, for any purpose, including advertising and paid promotion of Castify on TikTok, Instagram, YouTube, Apple, Meta, our app, our website and anywhere else. This license applies whether or not the Video is approved or paid, and continues after the Challenge ends.

When we ask, you agree to give us a TikTok Spark Ads (or similar) authorization code for any submitted Video, valid for up to 365 days, and not to revoke it during that time. You waive, to the extent permitted by law, any moral rights and any right to approve how we use a Video, and you agree that you will not be owed anything beyond the payouts described in Section 18.4, even if a Video is used in ads or brings in revenue. If someone appears in your Video, you are responsible for getting their written permission for all of the above.

18.7 Your promises to us

For every Video you submit, you promise that: you created it and own or have licensed every part of it; it meets every requirement in Section 18.2; you have the right to grant the license in Section 18.6, including on behalf of anyone who appears in it; it does not infringe or violate anyone's copyright, trademark, privacy, publicity or other rights; all the information you give us is true; and you are allowed to take part and accept payment as described in Section 18.1. Your indemnity in Section 22 covers your Videos, your participation in the Challenge, and any failure to make the disclosures required by Section 18.2.

18.8 Fraud and disqualification

If we believe that you have broken these Terms, manipulated views or engagement, used more than one account, given false information, harassed anyone, or acted dishonestly in connection with the Challenge, we may, at our sole discretion and without notice: reject or disqualify any or all of your Videos; withhold or cancel any unpaid payouts; require you to repay amounts already paid; remove you from the Challenge and any future programs; and suspend or terminate your account. We may also report suspected fraud to TikTok, payment providers or authorities.

18.9 Year-end award

We may offer a year-end award for the single best-performing Video (for example, “Win $5,000”). Unless we post different rules in the app for a particular award, these rules apply:

  • No purchase necessary. You do not need to buy anything, subscribe, or pay to enter or win. A purchase does not improve your chances.
  • Not a lottery. The award is not a sweepstakes, raffle or game of chance. It is decided only by Qualified Views. Every approved and eligible Video submitted during the calendar year is automatically considered.
  • 10,000,000 view minimum. The award is given only if at least one eligible Video reaches at least 10,000,000 Qualified Views, as counted by us at 11:59 p.m. U.S. Eastern Time on December 31 of that year. Views from paid promotion and other invalid views do not count. If no Video reaches 10,000,000 Qualified Views, no award is given that year and the award does not roll over.
  • Winner. If one or more Videos qualify, the eligible Video with the most Qualified Views wins. One award is given per year and one person can win only once. If there is a tie, the award is split equally between the tied winners.
  • Before payment. The potential winner must still meet every requirement of these Creator Terms, keep the Video public, respond to our message within fourteen (14) days, and sign a declaration of eligibility, a liability and publicity release, and any tax forms we require. If they do not, they forfeit the award, and we may award it to the next eligible Video that meets the 10,000,000 view minimum, or not award it at all.
  • Payment. The award is paid within sixty (60) days after the winner has been confirmed and has returned every required document. It is not transferable and cannot be exchanged. The winner is responsible for all taxes on it. The award is in addition to that Video's per-video payout, which remains capped as described in Section 18.4.
  • Changes. We may cancel, change or suspend an award if fraud, technical failure or any other cause beyond our control affects the fairness of the award, or as required by law. Where a law requires registration, bonding or other conditions that we have not met, the award is void in that place.

18.10 What we do not promise

We do not guarantee that you will earn any money, that any Video will be approved, or that any Video will get views. The example Videos, view counts, earnings, and the total “paid to students” shown in the app or on our website are illustrations, not typical results. Some example Videos were made by creators we paid under separate agreements. TikTok, Instagram, PayPal, Venmo, Cash App and Zelle do not sponsor, endorse or run the Challenge, and you release them from any claim related to it. You take part at your own risk, including the risk of negative comments, attention or harassment from posting publicly, and you release the Castify Parties from any claim arising from your participation, to the extent permitted by law.

18.11 Changes, ending the Challenge, and our liability

We may change, suspend or end the Challenge, or any part of it, at any time and for any reason, with or without notice, including if our budget is used up. If we end the Challenge, we will pay for Videos that we approved before it ended under the terms that applied to them, and we owe nothing for any other Video. To the fullest extent permitted by law, Castify's total liability to you for all claims arising out of or relating to the Challenge will not exceed the total amount of payouts for your approved Videos that we confirmed but have not yet paid. Section 21 also applies. Disputes about the Challenge are resolved under Section 23.

18.12 Your information

To run the Challenge we collect and store your TikTok username and Video links, the public information on your Videos (such as captions, cover images and view counts), your payout method, payout account details and name, and the tax information we ask for. We use it to review Videos, count views, prevent fraud, pay you and meet legal obligations, and we share it with payment providers, tax authorities and service providers as needed. Our Privacy Policy describes how we handle personal information.

18.14 Friend referral program ("Give a free year, get a free year")

If we offer friend referrals in the app, these rules apply in addition to the rest of these Terms. Sections 18.1 (age, residency and your other obligations), 18.5 (payout details, failed payments, taxes, clawback and set-off), 18.8 (fraud) and 18.11 (changes and our liability) also apply to the referral program, reading "Video" as "referral" where needed.

  • Who counts as a friend. A friend is a person who opens your personal link (or enters your code) and creates a new castify ai account on their own device. Existing users, current or former Pro subscribers, accounts older than 7 days, your own other accounts or devices, and anyone using the same device or payout account as you do not count. One person can only ever be one friend, and a friend's account is tied to the first link or code that applies.
  • What the friend gets. If the friend buys an annual Pro subscription in the app within the time shown (currently 7 days after joining) at the normal price, their next renewal (the 2nd year) is free. The friend's first year is paid in full.
  • What you get. For each friend whose purchase is confirmed, you get one free year of Pro if you have an active Pro subscription when it is confirmed, or a cash reward (currently $3.00) if you do not. You can earn at most 10 free years in total. Cash rewards are paid monthly once you are owed at least the minimum shown (currently $10.00), through the payout methods offered in the app, and the total we pay to everyone in one calendar month may be limited, in which case the rest is paid in following months.
  • Confirmation. A purchase is confirmed thirty (30) days after it is made, only if Apple's records show it was paid and not refunded, cancelled for a refund or revoked. Nothing is earned before then, and we may void a referral that Apple's records do not confirm.
  • How free years work. A free year is delivered as a one-time Apple offer code that you claim in the app. When claimed while you are subscribed, Apple applies it at your next renewal instead of charging you; if you are not subscribed, it starts when redeemed. You can claim one free year about every 11 months, codes must be redeemed before the expiry date Apple shows, and Apple's terms apply to the redemption. A free year has no cash value, cannot be transferred or exchanged, and covers only the annual Pro plan.
  • Sharing your link. Share only with people you know, in a personal way. Do not post your link on coupon, deal or code-sharing sites, buy ads with it, bid on our name in ads, spam, or mislead anyone about what castify ai does or what the friend gets. You must not offer friends money or other incentives to use your link.
  • Ending or changing it. We may change the rewards, limits and rules, or end the referral program, at any time. Changes apply to friends who join after the change is posted. Free years already confirmed stay yours to claim while the program runs and for 90 days after it ends; cash already confirmed is paid under these rules.

18.13 Other creator, ambassador and similar programs

If you participate in any other creator, ambassador, affiliate, beta-testing or similar program, additional terms we provide for that program also apply. If there is a conflict, the program terms control for that program. Taking part in the Challenge or any other program does not make you an employee, agent, partner or joint venturer of Castify, does not entitle you to wages, benefits or expenses, and does not allow you to speak for Castify or make any promise on its behalf. Unless a separate written agreement signed by Castify says otherwise, you are not required to work only with us.

19. Suspension and termination

You may stop using the Service at any time and may request deletion of your account as described in the app or our Privacy Policy. We may suspend, limit or terminate your access to all or part of the Service, or delete your account or content, at any time, for any reason or no reason, with or without notice, including if we believe you have violated these Terms or the law, if required by a provider or authority, if your account is inactive, or if we stop offering the Service. Where required by law, we will give you notice and a reason.

When your access ends, the licenses we granted you end and you must stop using the Service. Sections that by their nature should survive termination survive, including Sections 6 through 9, 12, 14 (as to amounts owed and refunds), 16, 17, 18 (as to licenses, promises, repayments and confirmed payouts) and 20 through 27.

20. Disclaimers

THE SERVICE, ALL OUTPUT, ALL CHARACTERS AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CASTIFY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE “CASTIFY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AVAILABILITY, SECURITY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED, SECURE, FREE OF HARMFUL COMPONENTS, OR MEET YOUR REQUIREMENTS, OR THAT ANY CONTENT WILL BE STORED OR PRESERVED. YOU USE THE SERVICE AND RELY ON ANY OUTPUT AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, those warranties are limited to the minimum scope and duration permitted by law.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) THE CASTIFY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, ACADEMIC STANDING, GRADES, OPPORTUNITIES OR USE, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY OUTPUT, ANY CHARACTER, ANY CONTENT, OR ANY THIRD-PARTY SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF THE CASTIFY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID TO CASTIFY (OR THROUGH THE APP STORE FOR THE SERVICE) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (2) FIFTY U.S. DOLLARS (US $50).

These limitations apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between you and Castify. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by gross negligence or willful misconduct where such limitation is prohibited.

22. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Castify Parties from and against any and all claims, demands, lawsuits, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use or misuse of the Service or any Output, including sharing or publishing it; (c) your violation of these Terms; (d) your violation of any law or any right of a third party, including intellectual property, privacy and publicity rights; (e) any video or other content you post or submit in connection with the Creator Challenge or any other program, and any failure to make legally required disclosures; or (f) any dispute between you and another user or third party. We may assume exclusive control of the defense of any matter subject to indemnification, and you will cooperate with us. You may not settle any such matter without our prior written consent.

23. Dispute resolution, arbitration and class action waiver

Informal resolution first. Before filing any claim, you agree to try to resolve the dispute informally by emailing nate@castifyapp.com with your name, the email or Apple ID associated with your account, a description of the dispute and the relief you want. We will try to resolve it with you for at least 60 days. Any applicable limitations period is paused during that time.

Binding individual arbitration. If we cannot resolve the dispute informally, you and Castify agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, any Output or our relationship (including its formation, validity, scope and enforceability, and any claim that arose before these Terms) will be resolved by final and binding arbitration on an individual basis, except as stated below. The Federal Arbitration Act governs this Section. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or another provider we agree on in writing), before a single arbitrator. Unless the arbitrator decides otherwise, the arbitration will be conducted by video conference or on written submissions, or in person in Boston, Massachusetts or the county where you live. The arbitrator may award the same individual relief a court could award, but only to the individual party seeking relief and only to the extent needed to resolve that party's claim. Payment of fees is governed by the AAA rules, except that we will pay any fees that the rules or the law require us to pay.

Class action and jury trial waiver. YOU AND CASTIFY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING. Claims may only be brought in your or our individual capacity. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and decided by a court after the arbitration of all other claims, and this Section will not otherwise be affected.

Mass arbitration. If 25 or more similar demands are filed against Castify by or with the help of the same or coordinated counsel, the demands will be administered in batches of up to 25 at a time under the AAA's mass arbitration procedures, and the limitations periods for demands not yet in a batch will be paused until they are.

Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use, scraping, or abuse of the Service.

30-day right to opt out. You can opt out of this agreement to arbitrate by emailing nate@castifyapp.com with the subject “Arbitration opt-out,” your name and the email or Apple ID on your account, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

Governing law and venue. These Terms and any dispute are governed by the laws of the Commonwealth of Massachusetts and applicable U.S. federal law, without regard to conflict-of-laws rules. Any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you and Castify consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred.

Consumers outside the United States. If you live outside the United States, mandatory consumer protection laws of your country of residence may give you rights that these Terms cannot override, including the right to bring claims in your local courts. Nothing in these Terms limits those rights.

24. Additional terms for the Apple App Store

If you downloaded the app from the Apple App Store: (a) these Terms are between you and Castify only, not Apple, and Castify, not Apple, is solely responsible for the app and its content; (b) your license to the app is limited to using it on Apple-branded products you own or control as permitted by the App Store Usage Rules; (c) Apple has no obligation to provide maintenance or support for the app; (d) if the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or similar claims; (f) Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app infringes intellectual property rights; (g) you represent that you are not located in a country subject to a U.S. government embargo or designated as “terrorist supporting,” and that you are not on any U.S. government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms when using the app; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

25. Export controls and sanctions

You may not use, export, re-export or transfer the Service except as authorized by U.S. law and the laws of the jurisdiction in which you obtained it. You agree to comply with all applicable export control and sanctions laws.

26. Electronic communications

You consent to receive communications from us electronically, including through the app, notifications, email and our website, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You can control marketing notifications in your device settings or by following the opt-out instructions in a message, but we may still send you service and account messages.

27. General

  • Entire agreement. These Terms, the Privacy Policy and any additional terms we provide for specific features or programs are the entire agreement between you and Castify about the Service and replace any prior agreements.
  • Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, sale of assets or by operation of law.
  • Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in full force.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of AI, voice, cloud or app store providers, internet failures, acts of government, natural disasters, war, labor disputes or pandemics.
  • Relationship. No agency, partnership, joint venture or employment relationship is created by these Terms.
  • No third-party beneficiaries. Except for Apple as described in Section 24 and the Castify Parties under Sections 20 to 22, there are no third-party beneficiaries of these Terms.
  • Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.
  • Notices to us. Legal notices to Castify must be sent to nate@castifyapp.com.

28. Contact

Questions about these Terms? Email nate@castifyapp.com.

Castify LLC, Massachusetts, United States.