Terms of Service

Effective Date: November 9, 2024

Last Updated: November 9, 2024

1. Acceptance of Terms

Welcome to Cackles, a voice-based social audio platform operated by BestTechie Holdings, Inc. ("Cackles," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Cackles mobile application (the "App"), our website at cackles.club (the "Site"), and all related services, features, and content (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site or through the App. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Eligibility and Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

We do not knowingly collect or solicit personal information from anyone under the age of 18. If we learn that we have collected personal information from a person under 18, we will delete that information as quickly as possible. If you believe that a person under 18 has provided us with personal information, please contact us at support@cackles.club.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to share your account credentials with any third party. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or conduct that we determine to be harmful to the Service or other users.

4. User Content and Conduct

4.1 Your Content

The Service allows you to create, share, and transmit various types of content, including:

  • Voice communications in live audio rooms
  • Profile information (username, display name, bio, avatar)
  • Room titles, descriptions, and settings
  • Bubble (recurring show) descriptions and metadata
  • Text messages in room chat
  • Comments and reactions

You retain all ownership rights to content you create and share through the Service ("Your Content"). By submitting Your Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with operating and improving the Service.

4.2 Content Responsibility

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
  • Your Content complies with these Terms and all applicable laws

4.3 Prohibited Content and Conduct

You agree not to use the Service to create, upload, transmit, distribute, or otherwise publish any content that:

  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Promotes or incites violence, terrorism, or illegal activities
  • Exploits or harms minors in any way
  • Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
  • Solicits personal information from anyone under 18
  • Includes spam, advertising, or promotional content not authorized by us

You further agree not to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law
  • Harass, threaten, demean, embarrass, or otherwise harm any other user
  • Record, download, or capture any audio or content from live rooms without express permission from all participants and from us
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use any automated means (including bots, scripts, or scrapers) to access the Service
  • Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks
  • Circumvent, disable, or otherwise interfere with security-related features of the Service
  • Sell, transfer, or attempt to sell or transfer your account to another party
  • Use the Service in any manner that could damage, disable, overburden, or impair the Service

4.4 Recording Prohibition

You may not record, capture, download, or otherwise preserve any audio content from live rooms. The Service does not provide recording functionality, and unauthorized recording of live audio content is strictly prohibited and may violate applicable laws. Violations may result in immediate account termination and potential legal action.

5. Voice Rooms and Live Audio

5.1 Room Features

The Service provides real-time voice communication through live audio rooms powered by Agora RTC technology. Rooms may include the following participant roles:

  • Host: Creates the room and has full control over all room settings and moderation
  • Co-Host: Assists the host with moderation and can manage speakers
  • Moderator: Can mute, promote, or remove participants as authorized by the host
  • Speaker: Can speak on stage and be heard by all participants
  • Listener: Can hear speakers but cannot speak unless promoted

5.2 Room Moderation

Hosts and authorized moderators may:

  • Mute or unmute speakers
  • Promote listeners to speaker status
  • Remove participants from the room
  • End the room at any time
  • Set room privacy and access controls

We are not responsible for moderation decisions made by room hosts or moderators. However, we reserve the right to intervene in any room that violates these Terms or applicable law.

5.3 Ephemeral Nature

Voice communications in rooms are ephemeral and are not recorded or stored by us. Once a room ends, the audio content is permanently deleted and cannot be recovered. We do not maintain archives of room audio.

5.4 Room Content

Room hosts and speakers are responsible for the content shared in their rooms. We do not pre-screen room content but reserve the right to monitor rooms and take action against rooms or users that violate these Terms.

6. Bubbles and Creator Content

6.1 Bubble Features

"Bubbles" are recurring audio shows that users can create and host on the Service. Bubble creators can:

  • Create scheduled or recurring live audio events
  • Set descriptions and metadata for their bubbles
  • Accept supporter subscriptions (paid feature)
  • Build an audience of supporters and followers

6.2 Creator Responsibilities

As a bubble creator, you are responsible for:

  • All content shared in your bubble rooms
  • Complying with these Terms and applicable laws
  • Accurately describing your bubble and any subscription benefits
  • Honoring commitments made to supporters
  • Managing your bubble schedule and communications

6.3 Supporter Subscriptions

Bubble creators may offer paid supporter subscriptions to their bubbles. By offering subscriptions, you agree to:

  • Provide the benefits and access promised to supporters
  • Comply with all applicable tax obligations related to your earnings
  • Maintain accurate payment information for receiving payouts

7. Payment Terms

7.1 Payment Processing

All payments on the Service are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service and privacy policy. We do not store your complete payment card information.

7.2 Supporter Subscriptions

When you subscribe to support a bubble creator:

  • Subscriptions renew automatically on a monthly basis unless canceled
  • You authorize us to charge your payment method for the subscription fee
  • Subscription fees are non-refundable except as required by law or as otherwise specified in these Terms
  • You may cancel your subscription at any time, effective at the end of the current billing period
  • Price changes will be communicated in advance, and continued subscription after a price change constitutes acceptance

7.3 Platform Fees and Creator Payouts

We charge a platform commission on all supporter subscription revenue. The current commission structure is:

  • Cackles retains 15% of gross subscription revenue
  • Creators receive 85% of gross subscription revenue

Payouts to creators are processed according to the following terms:

  • Minimum payout threshold: $50.00 USD
  • Payout frequency: Monthly, within 30 days of month end
  • Valid payment information must be on file
  • We may withhold payouts if we suspect fraud or Terms violations
  • Creators are responsible for all applicable taxes on their earnings

7.4 Refund Policy

Supporter subscription fees are generally non-refundable. However, we may issue refunds at our sole discretion in cases of:

  • Technical errors that prevented access to subscribed content
  • Fraudulent charges
  • Circumstances required by applicable law

To request a refund, contact us at support@cackles.club within 14 days of the charge.

7.5 Taxes

You are responsible for determining and paying any applicable taxes related to your use of the Service, including sales tax, use tax, value-added tax (VAT), or other taxes on purchases you make and income you earn through the Service.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by BestTechie Holdings, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, service marks, and logos (the "Cackles Marks") may not be used without our prior written consent.

8.2 User Content License

As stated in Section 4.1, you grant us a license to use Your Content. This license is necessary to operate, promote, and improve the Service. For example, we may use Your Content to:

  • Display your profile information to other users
  • Enable your voice to be transmitted in rooms
  • Recommend your bubbles to potential supporters
  • Create promotional materials featuring user-generated content

This license continues even after you stop using the Service for content that has been shared with other users (such as messages or public profile information), but you may delete Your Content at any time, subject to technical limitations.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us the right to use that Feedback without any obligation to you, including without limitation the right to incorporate Feedback into the Service.

8.4 Copyright Infringement (DMCA)

We respect the intellectual property rights of others and expect users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you believe that content on the Service infringes your copyright, please send a notice to our designated Copyright Agent containing:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the allegedly infringing material and information sufficient to locate it
  • Your contact information (address, telephone number, and email address)
  • A statement that you have a good faith belief that the disputed use is not authorized
  • A statement under penalty of perjury that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner

Copyright Agent: BestTechie Holdings, Inc. Email: dmca@cackles.club

We will terminate the accounts of repeat infringers in appropriate circumstances.

9. Third-Party Services and Links

9.1 Third-Party Services

The Service integrates with various third-party services, including:

  • Agora: Real-time voice communication infrastructure
  • Supabase: Database and authentication services
  • Stripe: Payment processing
  • Vercel: Web hosting
  • PostHog: Analytics and product insights

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, content, or policies of these third parties.

9.2 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services.

10. Privacy and Data Collection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

10.1 Analytics

We use PostHog and other analytics services to understand how users interact with the Service. These services may collect information about your usage patterns, device information, and interactions with features.

10.2 Communications

By creating an account, you consent to receive communications from us, including:

  • Service announcements and updates
  • Security alerts
  • Promotional messages (you may opt out of these)
  • Notifications about activity on your account

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

YOU ACKNOWLEDGE THAT:

  • WE DO NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR USER CONTENT
  • WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF OTHER USERS, WHETHER ONLINE OR OFFLINE
  • VOICE COMMUNICATIONS ARE EPHEMERAL AND CANNOT BE RECOVERED AFTER A ROOM ENDS
  • TECHNICAL ISSUES MAY AFFECT AUDIO QUALITY, CONNECTIVITY, OR ACCESS TO ROOMS

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BESTTECHIE HOLDINGS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES RESULTING FROM:
    • YOUR USE OR INABILITY TO USE THE SERVICE
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
    • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
    • USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
    • ANY OTHER MATTER RELATING TO THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.3 User Content Disclaimer

WE ARE NOT RESPONSIBLE FOR USER CONTENT OR THE CONDUCT OF ANY USER. WE DO NOT PRE-SCREEN USER CONTENT AND DO NOT ENDORSE ANY USER CONTENT OR OPINIONS EXPRESSED BY USERS.

YOU ACKNOWLEDGE THAT:

  • ANY RELIANCE ON USER CONTENT IS AT YOUR OWN RISK
  • WE HAVE NO OBLIGATION TO MONITOR USER CONTENT
  • WE MAY, BUT ARE NOT OBLIGATED TO, REMOVE USER CONTENT THAT VIOLATES THESE TERMS

11.4 Platform Immunity

To the extent permitted by law, we claim the protections of Section 230 of the Communications Decency Act with respect to user-generated content on the Service. We are a platform for user expression and are not liable for content created and shared by users.

12. Indemnification

You agree to indemnify, defend, and hold harmless BestTechie Holdings, Inc., its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party, including other users
  • Your Content
  • Your conduct in connection with the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@cackles.club to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.

13.2 Binding Arbitration

You and BestTechie Holdings, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND BESTTECHIE HOLDINGS, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

13.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section 13. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted in English. A single independent and impartial arbitrator with his or her primary place of business in Delaware will be appointed pursuant to the AAA Rules. The arbitrator will apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law.

13.4 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Section 13. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. For claims above $10,000, fees will be determined by AAA Rules. The prevailing party in arbitration will be entitled to an award of attorneys' fees and costs.

13.5 Class Action Waiver

YOU AND BESTTECHIE HOLDINGS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.6 Opt-Out

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by sending written notice to legal@cackles.club with the subject line "Arbitration Opt-Out." Your notice must include your name, address, and email address associated with your account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply.

13.7 Exceptions

Notwithstanding the foregoing, either party may bring a lawsuit in court solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights without first engaging in arbitration or the informal resolution process.

14. Governing Law and Jurisdiction

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

For any Disputes not subject to arbitration, you and BestTechie Holdings, Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

15. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us at support@cackles.club or through the account settings in the App. Upon termination, your right to use the Service will immediately cease.

16.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include but are not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • At our sole discretion for any reason

16.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease
  • We may delete your account and all associated data
  • We will not be liable to you or any third party for termination of your access to the Service
  • Sections that by their nature should survive termination shall survive, including but not limited to Sections 4, 8, 11, 12, 13, and 14

Outstanding payment obligations will survive termination. If you are a bubble creator with active supporters at the time of termination, we may withhold payouts pending resolution of any disputes or refund obligations.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and BestTechie Holdings, Inc. concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted hereunder, including with respect to Your Content, at any time without notice or consent. Any assignment or transfer in violation of this Section will be void.

21. Export Control

You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or fuel crises.

23. Language

These Terms are drafted in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

24. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by:

  • Posting a notice on the Service
  • Sending you an email notification
  • Displaying a notice when you next access the Service

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed of any updates.

25. Contact Information

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

BestTechie Holdings, Inc. Email: legal@cackles.club Support: support@cackles.club DMCA Notices: dmca@cackles.club Website: https://www.cackles.club

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: November 9, 2024

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