Terms of Service

Welcome to Casper

These Terms of Service (these "Terms") describe the terms and conditions by which you may access and use the website at heycasper.ai and any related products, software, or services provided by casper, inc ("Casper," "we," "us," or "our," and collectively the "Service"). By accessing or using the Service, you agree to these Terms and acknowledge that you have read and understood our Privacy Policy, which is incorporated by reference. If you don't agree to these Terms, you may not use the Service.

Please read these terms carefully. They contain a mandatory individual arbitration provision in Section 16 (the "Arbitration Agreement") and a class action and jury trial waiver in Section 17 that, unless you opt out as described in the Arbitration Agreement, require the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us. To the fullest extent permitted by applicable law, you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. You represent and warrant that you meet these requirements. The Service is not available to any users we have previously removed from the Service.

2. The Service

Casper is a personal AI assistant accessible via text messaging. The Service may read and act on data from third-party services you connect (such as email and calendar) on your explicit instructions. We may, in our sole discretion, change, add, or remove features of the Service from time to time.

The Service is not intended to provide professional medical, legal, financial, accounting, or other advice. You should not rely on the Service for these purposes and should consult a qualified professional before making any decision that requires professional judgment.

3. Accounts and Account Security

To use the Service, you must create an account and provide accurate and complete information. You are responsible for keeping your account credentials, phone number, and any connected third-party accounts secure, and for all activity that occurs under your account. You may not share your account, sell access to it, or let anyone else use it. You will notify us immediately of any unauthorized use of your account by emailing support@heycasper.ai.

We may, with or without prior notice, suspend or terminate your access to your account or to the Service for any reason, including if you violate these Terms.

4. Text Messaging and Calls

By providing your phone number and using the Service, you consent to receive autodialed or prerecorded calls and text messages from us, or on our behalf, at that number. These messages may include account notifications, verification codes, service-related alerts, and the messages Casper sends in response to your requests. Message and data rates may apply. Message frequency varies based on your usage.

You may opt out of promotional messages at any time by replying STOP to any promotional message. For help, reply HELP or contact support@heycasper.ai. You may continue to receive transactional or service-related messages necessary to operate the Service after opting out of promotional messages. We are not responsible for delays or undelivered messages caused by your wireless carrier.

5. Subscriptions, Billing, and Auto-Renewal

Certain aspects of the Service are provided on a paid subscription basis (each, a "Subscription"). By enrolling in a Subscription, you authorize us and our third-party payment processor to charge your payment method the applicable subscription fees and any applicable taxes, on a recurring basis until you cancel. Fees are stated exclusive of taxes; you are responsible for all taxes associated with your purchases.

Your subscription will automatically renew at the end of each subscription term for subsequent terms equal in length to the initial subscription term, unless and until you cancel in accordance with the cancellation procedures below. You authorize us and our payment processor (without further notice to you, unless required by applicable law) to charge you the applicable subscription fee and any applicable taxes at the start of each renewal term, using any of your payment methods on file.

We may change pricing or payment terms at any time. Any change will become effective in the billing cycle following our notice to you. If you do not agree to the change, you may cancel your Subscription before the change takes effect.

6. Free Trials

We may, at our sole discretion, offer free trials of the Service. If you are signed up to a free trial, we or our payment processor will automatically bill your payment method on the day after your free trial ends (which will be the first day of your first subscription term), and on the first day of each subsequent term. To avoid charges, you must cancel your free trial before it ends, using the cancellation method made available in your account.

7. Cancellation and Refunds

You may cancel your Subscription at any time through the in-app subscription portal or by emailing support@heycasper.ai. Cancellation takes effect at the end of the then-current subscription term, and you will continue to have access to the Service through that date.

Unless required by applicable law, you will not be entitled to receive any refund or credit for any cancellation, suspension, or termination, nor for any unused time on your subscription, any pre-payments made in connection with your subscription, any fees for any portion of the Service, or any content or data associated with your account. Any refunds or credits may be granted at our sole option and discretion.

If you believe you have been improperly charged, please contact support@heycasper.ai.

8. Acceptable Use

You will not, and you will not enable any third party to:

• use the Service in violation of any law, regulation, or third-party right;
• send spam, harass, threaten, or harm any person, or impersonate another person;
• attempt to reverse-engineer, decompile, disassemble, or otherwise discover the source code or underlying ideas of the Service;
• copy, rent, lease, sell, sublicense, or transfer any part of the Service to any third party;
• use the Service to develop a competing product, for benchmarking or competitive analysis, or to scrape, crawl, or otherwise collect data from the Service in bulk;
• interfere with the operation, integrity, or security of the Service, or attempt to bypass any access controls or rate limits;
• upload viruses, malware, or other harmful code, or transmit invalid data through the Service;
• use the Service in a manner that creates an unreasonable load on our systems or that imposes disproportionate costs on us;
• refer to us or to the Service in a way that implies a relationship or endorsement that does not exist.

The Service is not designed to store or process protected health information under HIPAA, payment card data subject to PCI-DSS beyond what we collect through our payment processor, government identification numbers, or other categories of sensitive information that are subject to specific legal requirements (collectively, "Sensitive Information"). You agree not to submit Sensitive Information to the Service.

9. Your Content and Instructions

The messages, instructions, and other content you submit to the Service ("User Content") remain yours. You grant Casper a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process your User Content solely for the purpose of operating, providing, securing, and improving the Service for you. We do not use the contents of your messages to train AI models, sell your data, or use it for advertising.

You represent and warrant that you have all rights necessary to grant the license above and that your User Content does not infringe the rights of any third party.

10. AI-Generated Output

The Service uses large language models and other artificial-intelligence systems to generate replies and take actions on your behalf ("Output"). Output may be inaccurate, incomplete, biased, or unexpected, and may not be unique across users.

You are solely responsible for evaluating Output and for any actions you take or decisions you make based on Output. The Service requires explicit confirmation before taking certain external actions on your behalf (such as sending email or creating calendar events) for this reason. You should not rely on Output for legal, medical, financial, or other professional advice. You will not represent Output as human-generated, and you will not use Output to train your own machine-learning models.

11. Third-Party Services

The Service integrates with third-party services that you choose to connect (such as email and calendar providers) and is delivered through third-party platforms (such as messaging carriers and payment processors). When you connect or use a third-party service through the Service, you also agree to that service's terms and privacy practices. We are not responsible for, and we make no representations about, the actions, content, or availability of third-party services. If a third-party service becomes unavailable, the related features of the Service may also become unavailable.

12. Intellectual Property

The Service, including all software, content, design, branding, trademarks, and underlying intellectual property, is owned by casper, inc and its licensors. Subject to your compliance with these Terms, we grant you a non-exclusive, limited, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. We reserve all rights not expressly granted in these Terms.

13. Feedback

If you provide us with suggestions, ideas, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without any obligation or compensation to you.

14. Disclaimers

The Service is provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, casper, inc and its officers, employees, agents, suppliers, and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components, that defects will be corrected, or that the Service or the servers that make it available are free of harmful components. We do not warrant that any output, information, or content available through the Service will be accurate, reliable, or appropriate for your needs. Any content downloaded or otherwise obtained through the use of the Service is obtained at your own risk.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will casper, inc or its officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or other intangible losses, arising from or relating to your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.

In no event will our total liability to you for any claims arising from or relating to the Service exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

16. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It requires you and Casper to resolve disputes through final and binding individual arbitration and limits the manner in which you can seek relief from us.

16.1 Informal resolution. Before filing any arbitration demand or other legal proceeding, you and Casper agree to first attempt to resolve any dispute informally for at least thirty (30) days. To begin this process, you must send written notice to legal@heycasper.ai describing the nature of the dispute and the relief you are seeking.

16.2 Agreement to arbitrate.If the dispute is not resolved informally, you and Casper agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or your relationship with Casper (each, a "Claim") will be resolved by final and binding individual arbitration, rather than in court, except that you may bring an individual claim in small-claims court if it qualifies. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this Arbitration Agreement.

16.3 Arbitration administrator and rules.The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration will be [arbitration seat], although you may choose to participate by phone or video if AAA rules permit.

16.4 Opting out of arbitration. You may opt out of this Arbitration Agreement within thirty (30) days of first accepting these Terms by emailing legal@heycasper.ai with your full legal name and a clear statement that you wish to opt out of the Arbitration Agreement. Opting out will not affect the rest of these Terms.

16.5 Equitable relief. Notwithstanding the above, either party may bring an action in a court of competent jurisdiction to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security.

17. Class Action and Jury Trial Waiver

You and Casper agree that, to the fullest extent permitted by applicable law, 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, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. You and Casper also expressly waive the right to a trial by jury for any claim subject to these Terms.

If a court or arbitrator decides that any portion of this Section 17 is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable portion will be severed.

18. Indemnification

You will defend, indemnify, and hold harmless casper, inc and its officers, employees, agents, suppliers, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right, including any privacy, intellectual property, or contractual right; (e) your violation of any applicable law; or (f) any third party's access to or use of the Service using your credentials.

19. Release

You release casper, inc and its officers, employees, agents, suppliers, licensors, and affiliates from all claims, demands, and damages (whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed) of every kind and nature arising out of or in any way connected with disputes between you and any third party (including any other user) in connection with the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

20. Termination

You may stop using the Service and cancel your Subscription at any time. We may suspend or terminate your account or your access to the Service, with or without notice, for any reason, including if you violate these Terms or use the Service in a way that creates legal, security, or operational risk. On termination, your right to use the Service ends immediately, and your data will be handled in accordance with our Privacy Policy. The provisions of these Terms that by their nature are intended to survive termination (including, without limitation, sections on intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law) will survive.

21. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service or by other appropriate means at least fourteen (14) days before they take effect, except where a shorter notice period is required by law. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before they take effect.

22. Governing Law

These Terms are governed by the laws of the State of [state], without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement in Section 16. Subject to the Arbitration Agreement, the parties consent to the exclusive jurisdiction of the federal and state courts located in [venue] for any matter not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Casper regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice. Any attempted assignment in violation of this provision is void.

No agency. No agency, partnership, joint venture, or employment relationship is created between you and Casper as a result of these Terms.

Notices. We may provide notices to you by email, through the Service, or by other reasonable means. You may provide notices to us by emailing legal@heycasper.ai.

24. Contact

Questions about these Terms? Email legal@heycasper.ai.