Terms of Service

These Terms are a binding agreement between you and Cactal, Inc., a Delaware corporation ("Cactal", "we", or "us"), and govern access to and use of the Cactal service. By creating an account, using the dashboard, publishing a website, calling the API, using the MCP server, or otherwise using the service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service. If you use Cactal for an organization, you represent that you have authority to bind that organization, and "you" includes it. If you and we sign a separate agreement or order form, that agreement controls where it conflicts with these Terms.

Cactal is an agent-native website platform for building, editing, publishing, hosting, analyzing, and operating websites and browser-native artifacts. The service includes cactal.ai, app.cactal.ai, api.cactal.ai, the Cactal API and SDK, the remote MCP server, customer websites served through Cactal infrastructure, and related systems. Descriptions of the service on our website, in demos, and in other materials are for general information only and do not create warranties, guarantees, or commitments beyond these Terms.

You must be at least 13 years old, meet any higher minimum age required by the law where you live, and be legally able to enter into these Terms. You agree to provide accurate account information, keep your credentials secure, and promptly tell us about unauthorized access. You represent that you are not located in an embargoed jurisdiction or named on a restricted-party list, and you agree to comply with applicable export control and sanctions laws.

You are responsible for all activity under your account, organization memberships, API keys, connected agents, and other credentials. Do not share credentials outside your organization or try to bypass role, billing, rate-limit, or security controls.

Work in Cactal is organized by organizations and websites. Owners and admins control members, invitations, roles, scoped website access, API key grants, billing authority, and deletion decisions. You are responsible for assigning access carefully and for the actions taken by people or tools you authorize.

You agree not to use Cactal to:

• violate law, infringe intellectual property, privacy, or publicity rights, or publish deceptive or fraudulent content
• host malware, phishing pages, spam infrastructure, credential harvesting, child sexual abuse material, or abusive automation
• interfere with, scan, overload, reverse engineer, or circumvent the service, tenant isolation, quotas, rate limits, or billing controls
• process regulated, highly sensitive, or legally restricted data unless your written agreement with us explicitly allows it
• use the service for emergency, medical, legal, financial, or other high-risk decisions where failure or inaccurate output could cause harm

We may investigate suspected violations, remove content, suspend credentials, disable serving, or terminate access when we reasonably believe these rules, the law, platform integrity, or another party's rights are at risk.

You retain ownership of website source code, CMS content, assets, files, custom code, metadata, domains, and other materials you submit to Cactal. You grant us a worldwide, non-exclusive, royalty-free license, including through the service providers we work with, to host, copy, process, transform, display, publish, back up, and serve that content as needed to provide, secure, support, and improve the service. This license ends when your content is deleted from the service, except for copies in backups, logs, and caches that are removed on our normal cycles. You represent that you have all rights needed to submit your content and grant this license.

Published websites and public assets are public by design and may be viewed, indexed, cached, linked, archived, or copied by third parties. You are responsible for the content you publish, the rights to that content, your own customer and visitor notices, and any legal obligations that apply to your websites. We do not monitor customer content and are not responsible for it.

We respond to notices of alleged copyright infringement in line with the Digital Millennium Copyright Act. If you believe content on the service infringes your copyright, email [email protected] with: identification of the copyrighted work; the URL of the allegedly infringing material; your name and contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

We may remove or disable access to the identified material and notify the user who posted it. That user may send a counter-notice meeting the DMCA's requirements, and we may restore the material as the DMCA allows. We terminate the accounts of repeat infringers in appropriate circumstances. Trademark and other infringement complaints may be sent to the same address.

Cactal is designed for use by people and by AI agents acting under your account, organization, API keys, or MCP access. Actions taken by agents and tools you connect count as your actions, including for billing, usage allowances, quotas, and compliance with these Terms. You are responsible for reviewing, approving, and monitoring agent actions and generated output.

Some features use artificial intelligence to generate or transform content, and plans may include metered AI usage allowances. AI output is probabilistic: it can be inaccurate, incomplete, biased, unsafe, unsuitable for your use case, or similar to output generated for others, and it is not professional advice. Review output before publishing or relying on it. Where AI features run on third-party model or inference providers, content you submit for those features may be processed by those providers to deliver the feature. You are responsible for confirming you have the rights to use AI output for your purposes.

API keys are secret credentials. Store them securely, scope them to the minimum access needed, rotate or revoke them when appropriate, and do not embed private keys in public code or client-side bundles. Third-party tools, agents, and model providers you connect to Cactal are your responsibility, are governed by their own terms and policies, and may incur their own costs.

Plan prices, included live sites, usage allowances, add-ons, and overage rates are shown on our pricing page or in a signed order form. Paid subscriptions renew automatically until canceled. Annual plans are billed annually and monthly plans are billed monthly. Prices exclude taxes unless stated; you are responsible for applicable taxes, levies, and duties other than taxes on our income.

Usage-based features, live-site capacity, durable artifact generations, prepaid balances, and auto-reload settings you configure are metered and charged through our billing provider. Prepaid balances are service credits, have no cash value, and are not refundable except where required by law or expressly stated in a written agreement. We may offer free plans, trials, or promotional access and may change, limit, or end free offerings at any time.

We may change prices or introduce new charges. For existing paid subscriptions, a price increase takes effect at your next renewal, and we will give you at least 30 days' notice by email or in-product notice before it applies.

You may cancel a self-serve subscription at any time. Unless the law or a signed agreement requires otherwise, fees are non-refundable and cancellation takes effect at the end of the current billing period. If payment fails, we may limit paid features, block new paid usage, or suspend service after any applicable grace period.

We may offer alpha, beta, preview, early-access, or experimental features, sometimes under additional terms. These features are provided as is, may be less reliable or secure than other parts of the service, may change or be discontinued at any time without notice, and may carry different or no support, availability, or data-retention expectations.

We work to keep Cactal available, but self-serve plans do not include an uptime commitment or service-level agreement. Any statistics we publish about availability are historical measurements, not promises. We may modify, suspend, limit, or discontinue features, perform maintenance, or address urgent security and reliability issues. Enterprise commitments apply only when stated in a signed agreement.

We use technical and organizational safeguards intended to protect the service, including authentication, authorization, tenant-scoped operations, rate limits, audit logs, and encryption in transit where applicable. No service is perfectly secure. You are responsible for your own account security, exports, backups, access reviews, and legal compliance for your websites. Our Privacy Policy explains how we handle personal information, and data protection terms for customers apply only where we have signed them.

We and our licensors own the Cactal platform, software, interfaces, documentation, trademarks, and brand materials. We grant you a limited, non-exclusive, non-transferable right to use the service as allowed by these Terms. If you send feedback, we may use it without restriction or obligation to you. Unless you ask us not to by emailing [email protected], we may identify you as a customer and reference publicly available websites you publish with Cactal in our showcase and marketing.

Cactal depends on third-party infrastructure and service providers for hosting, storage, email delivery, billing, analytics, screenshots, observability, and related operations. We are not responsible for third-party services outside our control, and their availability, terms, and policies may affect your use of Cactal.

You may stop using Cactal and cancel at any time. We may suspend or terminate access, disable websites, revoke credentials, or remove content if you breach these Terms, fail to pay, create legal or security risk, or use the service in a way that harms Cactal, users, visitors, or third parties. Where practical, we will notify you and give you a chance to remedy the issue first.

After termination, your right to use the service ends, and we may delete your content and data on the schedules described in our Privacy Policy, so export anything you need before closing your account. Sections that by their nature should survive termination do survive, including those covering payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and disputes.

THE SERVICE, INCLUDING ALL FEATURES, CONTENT, AI OUTPUT, AND THIRD-PARTY SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT WEBSITES, BUILDS, DEPLOYMENTS, ANALYTICS, OR AI OUTPUT WILL BE ERROR-FREE OR MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, CACTAL AND ITS AFFILIATES, PERSONNEL, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, BUSINESS, CONTENT, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITS MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

You will defend, indemnify, and hold harmless Cactal, its affiliates, personnel, and providers from claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from your content, websites, credentials, connected agents, use of the service, violation of these Terms, or violation of law or third-party rights. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate, and you may not settle any such claim without our written consent.

If you have a dispute with us, contact [email protected] first with a written description, and give us thirty days to try to resolve it informally before filing a claim.

These Terms and any dispute relating to them or the service are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-laws rules. Disputes that are not resolved informally must be brought exclusively in the state or federal courts located in Delaware, and both parties consent to personal jurisdiction and venue there. Either party may instead bring an individual claim in small-claims court where allowed.

TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION; DISPUTES MAY BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. Except where the law does not allow it, any claim relating to the service must be filed within one year after the events giving rise to it, or it is permanently barred.

Nothing in these Terms limits non-waivable rights you have under applicable consumer or data-protection law, and nothing prevents either party from seeking injunctive or other equitable relief to protect intellectual property or confidential information.

These Terms, any order form, and referenced policies are the entire agreement for the service and supersede prior discussions. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, financing, reorganization, or sale of assets. We are not liable for delay or failure caused by events beyond our reasonable control, including outages, attacks, disasters, or government actions. We may send notices to your account email address, in-product, or by posting on our site; legal notices to us go to [email protected].

We may update these Terms from time to time. We will post the updated version here and revise the date above. For material changes, we will provide reasonable advance notice by email, in-product notice, or another appropriate method. Continuing to use the service after changes take effect means you accept the updated Terms; if you do not agree, stop using the service and cancel your subscription.

Questions about these Terms? Email [email protected] or reach us through our contact page.