Effective date: February 22, 2023
We may update these Terms from time to time, and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Site after any modifications have been posted, your use will constitute your agreement to such modifications.We suggest that you review these Terms periodically for changes.
Except as otherwise noted on the Site, all content and materials displayed or available on or through the Site – including information, photos, videos, graphics, icons, design, and overall appearance – are the property of Cake AI Technologies, Inc. (“Cake,” “we”, or “us”) and should not be used, modified, or reproduced without our prior written consent. All trademarks, trade names, and logos displayed on the Site are the property of Cake, its affiliates, or their third-party owners, and the Site grants no license to them.
The Site may include content created, prepared, or otherwise made available by third parties or a link to or integration with websites operated by third parties. Cake has no control over any such content or websites and shall have no liability related to such content or websites. The existence of any such content, link, or other integration does not constitute an endorsement of the relevant content, website, or third party. You hereby release and hold Cake harmless from any and all liability arising from your use of any third-party content, website, or service.
What about my privacy?
Personal Data of Minors
We do not knowingly collect or solicit Personal Data about children under 16 years of age. If we learn that we have collected Personal Data from an individual under 16years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at [email protected].
What else do I need to know?
Cake and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, or any of their respective successors and assigns (Cake and all such parties together, the “Cake Parties”) make no representations or warranties concerning our Site or any subject matter hereof, including without limitation regarding any suggestions or recommendations of services or products, and the Cake Parties will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of use of the Site. CAKE FOR ITSELF AND THE CAKE PARTIES DISCLAIMS ALL WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONGAN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CAKE PARTIES BE LIABLE TO YOU OR TOANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS,SERVICES, OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OFONE-HUNDRED ($100) DOLLARS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Cake’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the New York, without regard to the conflicts of laws provisions thereof.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Cake agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Cake, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Cake, and you do not have any authority of any kind to bind Cake in any respect whatsoever.
You and Cake agree there are no third-party beneficiaries intended under these Terms.