CALIHUM AI Terms and Conditions

Last Updated: September 14, 2026

These Terms and Conditions govern access to and use of CALIHUM.AI, including the AI Studio Video Generator, websites, applications, creative tools, subscriptions, credits, collaboration features, publishing features, support services, documentation, and any related services provided by Modacific Tech House LLC.

The Service is intended for creative production, video generation, editing, visualization, advertising, entertainment, social media, and related media workflows. These Terms describe the rights and responsibilities that apply when you use the Service and should be read together with our Privacy Policy and any plan, model, API, or feature specific terms presented in the Service.

Contents

  1. Agreement and Scope
  2. Who May Use the Service
  3. Accounts, Teams and Security
  4. The CALIHUM Service
  5. License to Use the Service
  6. Inputs
  7. Outputs, Ownership and Commercial Use
  8. CALIHUM License to Process Content
  9. AI Training and Product Improvement
  10. Third Party Models, Services and Content
  11. Public Sharing and Community Features
  12. Synthetic Media Disclosure and Consent
  13. Acceptable Use
  14. Moderation, Enforcement and Appeals
  15. Plans, Credits, Usage Limits and Unlimited Plans
  16. Subscriptions, Auto Renewal, Cancellation and Price Changes
  17. Refunds, Billing and Taxes
  18. Storage, Retention and Exports
  19. Privacy and Data Protection
  20. Security
  21. CALIHUM Intellectual Property
  22. Copyright and Rights Holder Notices
  23. Feedback
  24. Beta, Experimental and Preview Features
  25. No Professional Advice or High Risk Reliance
  26. Termination
  27. Disclaimers
  28. Limitation of Liability
  29. Indemnity
  30. Dispute Resolution, Arbitration and Governing Law
  31. California Consumer Notice
  32. International Use, Export Controls and Sanctions
  33. App Stores and Mobile Platforms
  34. Changes to These Terms
  35. Notices, Electronic Communications and Contact
  36. Miscellaneous

1. Agreement and Scope

These Terms are a binding agreement between you and Modacific Tech House LLC, a California limited liability company based in Sacramento, California, doing business through the CALIHUM.AI brand. In these Terms, CALIHUM, we, us, and our refer to Modacific Tech House LLC. You and your refer to the person using the Service and, when the Service is used on behalf of a company, agency, studio, client, or other organization, that organization.

By accessing or using the Service, creating an account, clicking to accept these Terms, starting a trial, purchasing a plan, generating content, downloading an output, or using a feature, you agree to these Terms, our Privacy Policy, and any feature, plan, API, enterprise, marketplace, or model specific terms presented to you. If you do not agree, you may not access or use the Service.

If a separate signed agreement or order form between you and CALIHUM expressly conflicts with these Terms, the signed agreement controls for that conflict only. All other provisions of these Terms remain in effect.

2. Who May Use the Service

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. You may not use the Service if applicable law, sanctions rules, export controls, a prior suspension, or these Terms prohibit you from doing so.

If you use the Service for an entity, you represent that you have authority to bind that entity. The entity is responsible for your use and for use by its personnel, contractors, collaborators, invited users, and clients.

The Service is not directed to children and may not be used by anyone under 18 unless CALIHUM has expressly provided a separate youth, education, or enterprise arrangement that permits the use and complies with applicable law.

3. Accounts Teams and Security

Some features require an account. You agree to provide accurate, current, and complete account, billing, tax, and contact information and to keep that information updated.

You are responsible for protecting your account credentials, devices, sessions, access tokens, and API keys. You may not share credentials except through authorized workspace, seat, team, or enterprise features. You are responsible for activity under your account unless the activity results from CALIHUM's breach of these Terms.

If the Service supports teams or workspaces, the person or entity that creates or pays for the workspace may act as administrator. Administrators may invite and remove users, manage billing, view usage, control settings, access workspace content, transfer ownership, and delete workspace content.

You must promptly notify CALIHUM if you suspect unauthorized access, credential compromise, security incidents, or misuse of your account.

4. The CALIHUM Service

CALIHUM.AI provides AI powered creative tools for generating, editing, transforming, rendering, exporting, managing, and publishing video and related media. The Service may support text prompts, images, videos, audio, scripts, storyboards, templates, brand assets, reference files, style settings, and other materials submitted by users.

The Service may use models, infrastructure, content filters, storage systems, payment processors, analytics providers, cloud services, media tools, publishing services, and other services provided by CALIHUM or by third parties.

Features, models, speeds, quality, file types, durations, resolutions, output formats, storage, pricing, credits, usage limits, safety controls, and availability may change over time. CALIHUM may add, remove, replace, suspend, limit, or discontinue any part of the Service subject to applicable law and any written plan commitment.

5. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, CALIHUM grants you a limited, non exclusive, non transferable, non sublicensable, revocable license to access and use the Service for personal, internal business, professional, agency, client, or commercial creative purposes permitted by your plan.

You may not copy, sell, rent, lease, sublicense, distribute, host, frame, mirror, resell, provide as a service bureau, reverse engineer, decompile, benchmark for competitive purposes, scrape, extract, or otherwise exploit the Service, our software, models, systems, workflows, user interface, documentation, templates, or proprietary content except as expressly permitted by CALIHUM in writing.

6. Inputs

Input means any prompt, text, script, image, video, audio, voice sample, face reference, likeness, logo, brand asset, file, instruction, data, or other material that you submit, upload, import, link, or otherwise provide to the Service.

As between you and CALIHUM, you retain any rights you have in your Inputs. You represent and warrant that you own or have all rights, licenses, releases, consents, and permissions needed to submit your Inputs to the Service and to allow CALIHUM and its service providers to process them to provide the Service and generate Outputs.

Your Inputs must not violate law, these Terms, third party rights, privacy rights, publicity rights, biometric privacy rights, contractual duties, confidentiality obligations, intellectual property rights, platform rules, or model provider policies.

Do not submit confidential, regulated, highly sensitive, medical, financial, government identification, trade secret, export controlled, child related, biometric, or other sensitive data unless your plan and a written agreement with CALIHUM expressly permit that type of data and you have implemented all legally required safeguards.

7. Outputs Ownership and Commercial Use

Output means any video, image, audio, text, caption, storyboard, template, metadata, asset, project file, or other content generated or materially transformed by the Service in response to your Input or instructions.

As between you and CALIHUM, and subject to your compliance with these Terms, CALIHUM does not claim ownership of your Outputs. To the extent CALIHUM has any transferable right, title, or interest in Outputs generated for you by the Service, CALIHUM assigns that right, title, and interest to you.

Unless plan specific terms shown at purchase or generation say otherwise, you may use Outputs for lawful personal, internal business, client, advertising, marketing, social media, editorial, entertainment, educational, product, and commercial purposes. You do not need to attribute CALIHUM unless a specific feature, third party asset, watermark, provenance marker, or license requires attribution.

Your right to use an Output generated while you were in good standing does not automatically end when your subscription ends. Your access to the Service, editing tools, storage, exports, or licensed content may end or change after cancellation or plan expiration.

Your rights in Outputs do not include rights in CALIHUM's Service, software, models, workflows, systems, prompts, user interface, templates, documentation, brand, third party models, stock assets, music, fonts, images, videos, logos, characters, likenesses, brands, trademarks, copyrighted works, or other third party rights that may appear in or influence an Output.

AI generated content may not be eligible for copyright, trademark, or other intellectual property protection in every jurisdiction or circumstance. CALIHUM does not guarantee that any Output is unique, original, exclusive, copyrightable, registrable, non infringing, accurate, lawful, commercially usable, platform compliant, or suitable for your intended use.

You are responsible for reviewing, clearing, labeling, editing, and validating Outputs before using, publishing, distributing, selling, monetizing, or relying on them.

8. CALIHUM License to Process Content

You grant CALIHUM a worldwide, non exclusive, royalty free, sublicensable license to host, store, transmit, reproduce, display, process, modify, format, create technical derivatives of, and otherwise use Inputs and Outputs only as reasonably necessary to provide, maintain, secure, troubleshoot, support, and improve the Service for you.

This license also allows CALIHUM to generate, render, edit, export, download, store, display, moderate, and protect Outputs; operate team, sharing, collaboration, and public features you choose to use; process payments; provide support; enforce these Terms; prevent abuse; comply with law; and protect users, service providers, rights holders, and CALIHUM.

9. AI Training and Product Improvement

CALIHUM will not use your private Inputs or private Outputs to train, retrain, fine tune, or improve general purpose AI models for other customers unless you opt in through account settings, a feature setting, a beta program, an enterprise agreement, or another clear consent flow.

CALIHUM may use content you intentionally publish to a public gallery, community feed, template marketplace, showcase, challenge, or similar public feature for operation, display, promotion, moderation, and improvement of that public feature, subject to the disclosures provided in that feature.

CALIHUM may use de identified, aggregated, or transformed technical information, safety signals, usage statistics, performance metrics, and diagnostics where permitted by law and our Privacy Policy. CALIHUM may also process Inputs and Outputs for safety, abuse detection, security, debugging, legal compliance, and policy enforcement.

Some optional third party models or features may have different data use rules. Where practical, CALIHUM will identify those models or features in the Service or related documentation so you can decide whether to use them. Enterprise or private model terms may provide stricter commitments.

10. Third Party Models Services and Content

The Service may integrate with or route requests through third party AI model providers, cloud providers, payment processors, app stores, analytics providers, stock content libraries, media tools, social platforms, publishing services, plug ins, APIs, and other services.

Inputs, Outputs, usage data, and related technical data may be shared with third party service providers only as reasonably necessary to provide, secure, monitor, and support the Service, unless otherwise described in our Privacy Policy or a feature disclosure.

Third party services and content may be subject to separate terms, policies, licenses, restrictions, usage limits, retention rules, and availability. CALIHUM is not responsible for third party services, third party content, or your compliance with third party terms.

If the Service includes CALIHUM provided templates, presets, prompts, styles, storyboards, stock media, music, sound effects, fonts, overlays, transitions, brand kits, public gallery items, or other licensed content, that content is licensed and not sold. You may not sell, sublicense, redistribute, extract, train on, register, or claim exclusive rights in licensed content unless CALIHUM expressly permits it in writing.

11. Public Sharing and Community Features

Outputs and projects are private by default unless you publish, share, export to a public destination, submit to a challenge, add to a community feed, create a public link, invite collaborators, or otherwise make them available.

When you choose to make content public through the Service, you grant CALIHUM a worldwide, non exclusive, royalty free license to host, display, reproduce, distribute, promote, and make that content available in connection with the public feature. If the feature allows other users to remix, download, or use public content, you grant those users the rights disclosed in that feature.

Do not publish or share content unless you have all rights, releases, permissions, consents, and disclosures required for public display and downstream use.

12. Synthetic Media Disclosure and Consent

You are responsible for complying with all laws, platform rules, advertising rules, professional rules, client requirements, and industry standards that require disclosure that content was generated, edited, or materially altered by AI.

You may not remove, crop out, obscure, disable, alter, falsify, or circumvent any watermark, label, C2PA credential, provenance metadata, synthetic media signal, attribution notice, or similar disclosure mechanism applied by CALIHUM or a third party provider except where CALIHUM expressly permits removal and removal is lawful.

If Output could reasonably mislead people into believing that a real person, entity, product, place, public official, candidate, event, statement, performance, voice, or newsworthy scene is authentic, you must clearly and conspicuously disclose that the content is AI generated or AI modified unless a narrow legal exception applies.

You may not create or use a person's name, image, likeness, voice, face, body, signature, persona, biometric identifier, private information, or identifiable characteristics unless you have all required consents and legal rights for the generation and intended use.

For political, election, health, financial, legal, employment, housing, insurance, education, biometric, or other regulated uses, obtain independent legal review before publication or deployment.

13. Acceptable Use

You may use the Service only for lawful, respectful, and authorized creative purposes. You may not use the Service, Inputs, Outputs, licensed content, account features, credits, APIs, or related tools to create, request, upload, publish, distribute, sell, promote, facilitate, or assist with prohibited activity.

Prohibited activity includes:

  • Illegal activity or violation of any applicable law, regulation, court order, contractual duty, sanctions rule, export control, or platform rule.
  • Child sexual abuse material, sexualization of minors, grooming, child exploitation, age inappropriate depiction of minors, or attempts to generate, transform, evade detection of, or normalize such content, whether real, fictional, simulated, animated, or AI generated.
  • Non consensual intimate imagery, sexual deepfakes, image based abuse, voyeurism, extortion, or sexual content involving a person who has not clearly consented to that use.
  • Impersonation, deceptive deepfakes, forged evidence, fraudulent endorsements, fake admissions, fake performances, misleading news, election deception, voter suppression, market manipulation, scams, phishing, or other content intended to deceive.
  • Unauthorized use of a person's name, image, likeness, voice, signature, persona, biometric data, private information, or identifiable characteristics.
  • Hate, harassment, threats, abuse, defamation, doxxing, stalking, humiliation, targeted intimidation, or content that promotes discrimination or violence against protected or vulnerable groups.
  • Graphic violence, sexual violence, torture, real world harm instructions, terrorist or extremist activity, or glorification of violent wrongdoing.
  • Weapons development, procurement, evasion, operational harm, malware, ransomware, spyware, credential theft, spam, bots, platform manipulation, or cyber abuse.
  • Regulated professional advice or decisions requiring a licensed professional, including medical, mental health, legal, tax, financial, insurance, housing, education, immigration, credit, employment, or similar high impact decisions, unless properly supervised by a qualified professional and permitted by law.
  • Fully automated decisions with legal, significant, or similarly material effects on a person.
  • Infringement, misappropriation, or violation of copyright, trademark, trade dress, patent, trade secret, moral rights, publicity rights, privacy rights, contract rights, or other rights.
  • Attempts to bypass content filters, safety systems, rate limits, usage limits, watermarking, provenance tools, access controls, moderation, or security controls.
  • Collection, scraping, mining, extraction, or use of the Service, Outputs, public gallery content, or CALIHUM data to train, test, validate, or improve AI systems without written permission.
  • Resale, rental, account sharing, credit pooling, automated generation farms, bot use, unauthorized API access, or any use that burdens, disrupts, degrades, or interferes with the Service.

14. Moderation Enforcement and Appeals

CALIHUM may use automated systems, content filters, watermarking and provenance tools, human review, user reports, provider notices, rights holder notices, payment signals, and other measures to detect, prevent, investigate, or respond to misuse.

CALIHUM may refuse to process Inputs, block or modify prompts, decline generation, remove or restrict Outputs, disable sharing links, suspend features, throttle usage, withhold exports, terminate accounts, preserve evidence, notify affected parties, report suspected illegal activity, or cooperate with law enforcement, regulators, courts, service providers, payment processors, app stores, model providers, or rights holders when CALIHUM reasonably believes action is necessary.

If CALIHUM removes content or restricts an account and an appeal path is available, you may submit an appeal using the instructions in the notice or by contacting [email protected]. CALIHUM may deny appeals where it believes the restriction was required by law, third party provider rules, user safety, repeat infringement, security, fraud prevention, or these Terms.

15. Plans Credits Usage Limits and Unlimited Plans

The Service may offer free plans, paid subscriptions, one time purchases, credit packs, top ups, enterprise plans, trials, promotional access, beta access, or usage based pricing.

Credits, minutes, generations, seats, priority queues, storage, resolution, duration, model access, concurrency, and other usage units are not currency, have no cash value, are non transferable, and may be used only within the Service.

CALIHUM may change the number of credits or usage units required for a feature to reflect model cost, availability, duration, resolution, speed, quality, safety, abuse risk, or operational constraints.

Unlimited or similar plans are subject to reasonable use, fair use limits, anti abuse controls, concurrency limits, queueing, throttling, daily limits, workspace limits, feature availability, and model provider capacity. Unlimited does not mean unlimited speed, priority, capacity, storage, output duration, commercial clearance, or guaranteed access to every model.

CALIHUM may limit, suspend, or adjust usage that appears automated, abusive, shared across unrelated users, resold, used for generation farming, used to avoid plan limits, or harmful to service quality.

16. Subscriptions Auto Renewal Cancellation and Price Changes

Paid subscriptions automatically renew until cancelled unless the checkout page says otherwise. Before you subscribe, CALIHUM will disclose material terms such as price, billing period, renewal terms, trial terms, included usage, taxes where applicable, and cancellation method.

By starting a subscription, you authorize CALIHUM or its payment processor to charge your payment method at the disclosed price and renewal frequency, plus applicable taxes, until you cancel.

You may cancel a subscription at any time using the cancellation method made available in your account, billing portal, app store settings, or support channels. Cancellation will take effect at the end of the then current billing period unless applicable law or a separate written agreement requires otherwise.

Deleting your account, uninstalling an app, deleting Output, or stopping use of the Service does not automatically cancel an active subscription.

If a free trial, discounted trial, promotional period, annual plan, or material price change triggers notice requirements under applicable law, CALIHUM will provide notice before renewal or price change as required. For California consumers, CALIHUM will provide clear automatic renewal terms, obtain express affirmative consent, provide an acknowledgment after purchase, provide required renewal or trial notices, provide annual reminders where required, and provide a clear and straightforward cancellation method.

CALIHUM may change subscription plans, pricing, included features, credit allocations, renewal periods, and usage limits. If a price change affects your existing subscription, CALIHUM will provide notice before the change takes effect as required by law, and you may cancel before the new price applies.

17. Refunds Billing and Taxes

Except where required by law or expressly stated in a separate refund policy, order page, app store rule, or enterprise agreement, purchases are final and non refundable. This includes partially used billing periods, unused credits, expired credits, failed prompts, user error generations, undesired artistic results, or Outputs you choose not to use.

CALIHUM may, in its discretion, provide credits, replacement generations, refunds, or account adjustments for verified technical failures, duplicate billing, unauthorized charges, or other circumstances CALIHUM determines appropriate.

If payment fails, is reversed, disputed, charged back, suspected fraudulent, or cannot be verified, CALIHUM may suspend, downgrade, or terminate paid features. You are responsible for taxes, bank fees, currency conversion fees, app store fees, and payment provider charges unless prohibited by law.

18. Storage Retention and Exports

The Service is a creative generation and editing platform, not a permanent storage, archival, legal records, preservation, or backup service.

CALIHUM may set storage limits, file size limits, project limits, retention windows, export limits, deletion schedules, or account inactivity rules by plan or feature. You are responsible for exporting and maintaining independent copies of Inputs, Outputs, project files, releases, licenses, invoices, and records you need.

CALIHUM may delete or disable access to Inputs, Outputs, projects, links, drafts, histories, metadata, or account data after cancellation, termination, inactivity, plan expiration, legal request, rights holder complaint, security incident, or policy violation, subject to our Privacy Policy and applicable law.

19. Privacy and Data Protection

Our Privacy Policy explains how CALIHUM collects, uses, discloses, retains, and protects personal information. By using the Service, you agree to our Privacy Policy.

You are responsible for providing legally adequate privacy notices and obtaining legally adequate consents for any personal information, biometric information, voice data, likeness data, employee data, customer data, client data, or third party data you submit to the Service.

If you are subject to privacy, biometric, education, health, employment, consumer protection, or other regulated data laws, you may use the Service for regulated data only if your plan and written agreement with CALIHUM expressly support that use and you comply with all applicable requirements.

Unless CALIHUM has signed a Business Associate Agreement, Data Processing Addendum, or other written regulated data agreement that expressly applies, CALIHUM is not acting as a HIPAA business associate, financial institution service provider, education records processor, or regulated professional adviser.

20. Security

CALIHUM uses reasonable technical and organizational measures designed to protect the Service. No electronic transmission, storage system, model system, or cloud service is perfectly secure, uninterrupted, or error free.

You must use the Service securely, maintain appropriate access controls, review workspace permissions, protect credentials and API keys, keep devices and software updated, and promptly report suspected security issues to [email protected].

You may not conduct vulnerability scanning, penetration testing, load testing, scraping, reverse engineering, or similar activity against the Service without written authorization from CALIHUM.

21. CALIHUM Intellectual Property

CALIHUM and its licensors own the Service, software, source code, object code, models, interfaces, workflows, systems, documentation, trademarks, logos, trade dress, templates, proprietary prompts, algorithms, datasets, designs, and all related intellectual property, except for your Inputs and your Outputs as described in these Terms.

These Terms do not transfer ownership of CALIHUM intellectual property to you. You may not use CALIHUM's name, logo, marks, branding, domain names, screenshots, or product imagery in a way that suggests endorsement, affiliation, sponsorship, or partnership without written permission.

22. Copyright and Rights Holder Notices

CALIHUM respects intellectual property, privacy, publicity, and related rights. CALIHUM may remove or disable access to content alleged to infringe copyright, trademark, publicity, privacy, likeness, voice, or other rights.

If you believe content on the Service infringes your rights, send a notice to the contact below. Your notice should include your physical or electronic signature, identification of the right claimed to be infringed, identification of the material you want removed or disabled, enough information for CALIHUM to locate the material, your contact information, a statement that you have a good faith belief the disputed use is not authorized, and a statement under penalty of perjury that the information is accurate and that you are the rights holder or authorized to act for the rights holder.

Copyright Agent: [Insert designated agent name], Modacific Tech House LLC, [Insert business mailing address], Sacramento, California, United States, [email protected].

If your content was removed because of a copyright notice and you believe it was removed by mistake or misidentification, you may submit a counter notice as permitted by the Digital Millennium Copyright Act. CALIHUM may terminate repeat infringers.

23. Feedback

If you send ideas, suggestions, comments, bug reports, feature requests, improvements, prompts, or other feedback, you grant CALIHUM a perpetual, irrevocable, worldwide, royalty free license to use them without restriction or compensation. CALIHUM has no obligation to treat feedback as confidential.

24. Beta Experimental and Preview Features

Some features may be labeled beta, experimental, preview, early access, labs, evaluation, or similar. These features may be less reliable, may change without notice, may produce unexpected Outputs, may have different retention or provider rules, and may be discontinued at any time.

Do not use beta features for high stakes, regulated, confidential, production, paid client, or safety critical work unless CALIHUM expressly authorizes that use in writing.

25. No Professional Advice or High Risk Reliance

The Service is intended for creative production, ideation, editing, visualization, advertising, entertainment, and related media workflows. It is not a substitute for professional legal, financial, tax, medical, mental health, employment, safety, engineering, compliance, or other licensed advice.

You may not rely on Outputs for decisions where inaccurate, biased, incomplete, or misleading content could create legal, financial, safety, health, or fundamental rights risk without appropriate human review and professional oversight.

26. Termination

These Terms begin when you first access or use the Service and continue until terminated.

You may stop using the Service at any time and may delete your account if account deletion is available. Subscription cancellation is handled separately under Section 16.

CALIHUM may suspend or terminate your access, account, workspace, API keys, projects, credits, Outputs, sharing links, or other features if CALIHUM reasonably believes that you violated these Terms, applicable law, third party rights, provider policies, or platform rules; your use creates legal, security, operational, financial, reputational, or safety risk; your payment fails or appears fraudulent; you attempt to bypass safeguards or misuse credits; or CALIHUM is required to act by law, court order, regulator, service provider, payment processor, model provider, rights holder, or app store.

Upon termination, your right to access and use the Service ends. Sections that by their nature should survive will survive, including ownership, licenses needed for already shared content, payment obligations, disclaimers, limitation of liability, indemnity, dispute resolution, and general provisions.

27. Disclaimers

To the maximum extent permitted by law, the Service, Inputs processed by the Service, Outputs, licensed content, beta features, third party services, and all related materials are provided as is and as available.

CALIHUM disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non infringement, quiet enjoyment, availability, accuracy, reliability, uniqueness, originality, copyrightability, platform compliance, commercial usability, security, and error free or uninterrupted operation.

CALIHUM does not warrant that the Service will meet your needs or be available at any particular time; that any model, provider, feature, speed, quality, resolution, duration, or output format will remain available; that Outputs will match your prompts or expectations; that Outputs will be accurate, lawful, non infringing, original, unique, protectable, safe, unbiased, complete, suitable, or accepted by any platform, client, agency, regulator, marketplace, advertiser, or rights holder; or that safety filters, provenance tools, moderation, IP checks, or policy systems will detect every issue.

You are responsible for human review, rights clearance, consent management, factual verification, legal review, and final approval before use.

28. Limitation of Liability

To the maximum extent permitted by law, CALIHUM, Modacific Tech House LLC, affiliates, owners, managers, members, officers, employees, contractors, licensors, model providers, service providers, and agents will not be liable for indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, loss of content, business interruption, cost of substitute services, or reputational harm.

To the maximum extent permitted by law, CALIHUM's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of the amounts you paid to CALIHUM for the Service in the 12 months before the event giving rise to the claim or USD 100.

Some jurisdictions do not allow certain limitations. In those jurisdictions, the limitations apply to the maximum extent permitted by law.

29. Indemnity

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless CALIHUM, Modacific Tech House LLC, affiliates, owners, managers, members, officers, employees, contractors, licensors, model providers, service providers, and agents from and against claims, demands, damages, losses, liabilities, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use or misuse of the Service; your Inputs, Outputs, projects, publications, exports, client work, public links, or downstream use; your violation of these Terms, law, third party terms, provider policies, platform rules, or rights of others; your failure to obtain required rights, releases, permissions, consents, labels, disclosures, or professional review; or any dispute between you and a client, collaborator, employer, contractor, rights holder, platform, advertiser, agency, or third party.

CALIHUM may assume control of the defense of any matter subject to indemnification, and you agree to cooperate.

30. Dispute Resolution Arbitration and Governing Law

Before filing a claim, you and CALIHUM agree to try to resolve the dispute informally. A party must send written notice describing the dispute, requested relief, and contact information. Send notices to [email protected] and Modacific Tech House LLC at the mailing address listed in Section 35. The parties will attempt in good faith to resolve the dispute for 30 days.

Except for claims that may be brought in small claims court, claims for injunctive or equitable relief relating to intellectual property, security, unauthorized access, or misuse of the Service, and claims that cannot lawfully be arbitrated, any dispute arising out of or relating to these Terms, the Service, Inputs, Outputs, subscriptions, or your relationship with CALIHUM will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable.

You and CALIHUM waive the right to a jury trial and agree that claims may be brought only on an individual basis, not as a class action, collective action, representative action, private attorney general action, or class arbitration.

The arbitration will be conducted in English by one arbitrator. For consumers, the hearing location and fee allocation will follow applicable AAA rules and law. For non consumer business users, arbitration will occur in Sacramento County, California, unless the parties agree otherwise.

If 25 or more similar demands are filed by or with coordination of the same law firm, organization, or group of claimants, the parties agree to use staged proceedings, bellwether cases, mediation, batching, or other procedures adopted by the arbitrator or AAA to manage the claims efficiently and fairly.

You may opt out of arbitration by sending written notice to [email protected] within 30 days after first accepting these Terms. Your notice must include your name, account email, mailing address, and a clear statement that you opt out of arbitration.

31. California Consumer Notice

For California consumers, under California Civil Code Section 1789.3, consumer complaints may be directed to the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. Phone: 800 952 5210.

Provider information for CALIHUM is listed below. Fees are disclosed at checkout, in your account, or in applicable plan terms.

ItemDetails
ServiceCALIHUM.AI
OperatorModacific Tech House LLC
LocationSacramento, California, United States
Mailing address1401 21ST ST #10598, SACRAMENTO, CA 95811 USA
Phone[Insert business phone number]
Support[email protected]

32. International Use Export Controls and Sanctions

You may use the Service only where available and lawful. You are responsible for complying with local laws where you access, generate, publish, distribute, or monetize content.

You represent that you are not located in, organized under the laws of, ordinarily resident in, or acting on behalf of any country, region, entity, or person subject to U.S. sanctions or trade restrictions that prohibit use of the Service. You may not use the Service for prohibited end uses, including military, surveillance, weapons, or other restricted uses where prohibited by law.

33. App Stores and Mobile Platforms

If you download or purchase the Service through Apple, Google, Microsoft, or another app store or platform, that platform's terms, payment rules, cancellation process, refund rules, and technical requirements may also apply. The platform is not responsible for providing support or maintenance for the Service unless required by its own terms.

34. Changes to These Terms

CALIHUM may update these Terms from time to time. We will update the Last Updated date above and, where required by law or where changes materially affect your rights, provide notice through the Service, email, account notice, or another reasonable method.

If you do not agree to updated Terms, you must stop using the Service and cancel any subscription before the updated Terms apply. Continued use after the effective date means you accept the updated Terms, except where law requires separate consent.

35. Notices Electronic Communications and Contact

You consent to receive notices and communications electronically, including by email, in app notice, account message, posting on the Service, or billing portal. Electronic notices satisfy any legal requirement that communications be in writing to the extent permitted by law.

You are responsible for keeping your account email current.

Contact CALIHUM at: Modacific Tech House LLC, CALIHUM.AI, [Insert business mailing address], Sacramento, California, United States. Support: [email protected]. Legal notices: [email protected]. Copyright notices: [email protected]. Security reports: [email protected].

36. Miscellaneous

These Terms, together with incorporated policies and applicable order forms, are the entire agreement between you and CALIHUM for the Service.

If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect. CALIHUM's failure to enforce a provision is not a waiver.

You may not assign these Terms without CALIHUM's consent. CALIHUM may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law.

These Terms do not create a partnership, agency, employment, fiduciary, franchise, or joint venture relationship. There are no third party beneficiaries except where expressly stated.

Nothing in these Terms limits rights that cannot be waived under applicable law..