Developer & API Terms of Service

1. Agreement and Eligibility

These Developer & API Terms of Service (“Terms”) govern your access to and use of the Casola API and related services (the “Service”), provided by Casola. By creating an account, generating an API key, or using the Service, you agree to these Terms. You represent that you are a business or developer acting for purposes within your trade or profession, that you are authorized to bind the entity you represent, and that you and your authorized users are at least 18. These Terms incorporate the Acceptable Use Policy (“AUP”), the Data Processing Addendum (“DPA”), and the Privacy Policy.

2. Definitions

• Customer / you: the entity that has agreed to these Terms.
• End User: any individual who interacts with the Customer’s product or with avatars generated through the Service via the Customer’s product.
• Inputs: prompts, messages, reference media, and parameters submitted to the Service.
• Outputs: the AI-generated text, voice, images, or animated-avatar content returned.

3. The Service

The Service is an API that generates interactive AI avatar and companion content from your Inputs. It is a building block, not a finished consumer product. We do not provide the consumer interface, the End-User relationship, billing of End Users, or consumer disclosures. Those are yours.

4. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Service and integrate the Outputs into your product. You may not copy, resell raw API access, reverse-engineer, scrape, or use the Service to build a competing generation model, and you may not disable, bypass, or probe the safety controls embedded in the Service.

5. Customer Obligations (Consumer-Facing Responsibilities)

Because you operate the End-User experience, you are responsible for the following, and you represent that you will implement and maintain them:

• Your own End-User terms, privacy policy, and AUP binding your End Users to rules at least as strict as our AUP, with the right to suspend and report End Users.
• AI disclosure. A clear and conspicuous notice to End Users that they are interacting with an AI system, and any applicable extended-session reminders (see SB 243 / NY §1700).
• Crisis and self-harm protocol. In-product detection and referral of at-risk End Users to crisis resources (e.g., 988 in the US), and prevention of self-harm-encouraging content in your deployment.
• End-User age assurance. Verify the age/eligibility of your End Users with measures appropriate to the risk. By default you must exclude End Users under 18; if you lawfully serve minors, you must notify us first and implement minor-specific safeguards and applicable child-protection law (COPPA, GDPR Art. 8, SB 243 / NY §1700). You may not rely on us to age-gate your End Users.
• Consumer protection. Truthful marketing (you must not market the avatars as a substitute for professional care, therapy, or human relationships), plus your End-User billing, consents, and refunds.
• Lawful deployment. Your use case, your jurisdictions, and your End Users’ conduct.

You are solely responsible for your product and your End Users. Nothing we provide relieves you of operator/controller duties that attach to you as the party making a companion experience available to consumers.

6. Our Retained Safety Obligations

Because we generate and transmit content, we retain obligations that we do not delegate to you and that you may not interfere with:

• We scan Inputs and Outputs for child sexual abuse material (hash-matching and classifiers), block it, preserve evidence, and report to NCMEC / authorities as required by law, independent of you. (See the AUP and DPA.)
• We maintain the model-level guardrails described in the AUP and may refuse, filter, or log generations to meet our legal and safety obligations.
• We may act as an independent controller for the limited personal data we process for these safety, security, and legal-compliance purposes (see the DPA).

7. Account, Keys, and Verification

You are responsible for keeping API keys confidential and for all use under your account and keys. We may require identity/business verification (KYC) before issuing or maintaining access and may re-verify at any time. Notify us promptly at support@casola.ai of any compromise.

8. Acceptable Use

Your use of the Service, and your End Users’ use of your product, is governed by the Acceptable Use Policy, incorporated here. You must flow the AUP’s prohibitions down to your End Users and enforce them.

9. Fees and Billing

Usage is billed based on consumption (e.g., tokens, generation-seconds, requests) at the rates on our pricing page or your order form. Fees are exclusive of taxes. Disputed amounts must be raised within 30 days. We may change pricing on 30 days’ notice.

10. Intellectual Property

We and our licensors own the Service, models, and platform. As between you and us, and subject to these Terms and the model licenses, you own your application and may use the Outputs your integration generates. You grant us the limited rights in your Inputs and Outputs needed to operate the Service, maintain safety, and comply with law (see the DPA for personal data).

11. Confidentiality

Each party will protect the other’s non-public information disclosed under these Terms and use it only to perform under these Terms, excluding information that is public, independently developed, or rightfully received from another source.

12. Data Protection

Where we process personal data of your End Users on your behalf, you are the controller and we are the processor, governed by the DPA. Our handling of your own (business) personal data is described in the Privacy Policy.

13. Warranties and Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Outputs are accurate, appropriate, or lawful in your jurisdiction, or that the Service will be uninterrupted or error-free. You are responsible for evaluating Outputs before using them.

14. Indemnification

You will indemnify and hold harmless Casola and its affiliates from any claim, damage, or expense (including reasonable legal fees) arising from your product, your deployment, your marketing, your End Users, or your breach of these Terms or the AUP.

15. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, or data. Our total aggregate liability will not exceed the fees you paid us in the 12 months before the claim. Carve-outs for your indemnity obligations, breaches of the AUP, and liabilities that cannot be limited by law.

16. Suspension and Termination

We may suspend or terminate access for breach of these Terms or the AUP, security risk, non-payment, or legal requirement. For severe violations (including the absolute prohibitions in the AUP) suspension may be immediate and without notice. On termination, your right to use the Service ends; data is handled per the DPA and Privacy Policy, except records we must retain for legal, safety, or evidentiary purposes.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The parties will attempt to resolve disputes informally via legal@casola.ai for 30 days, then by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, seated in San Francisco, California, except that either party may seek injunctive relief in court.

18. Changes; Notices; Contact

We may update these Terms; material changes will be notified with at least 14 days’ notice. Notices to you go to your account contact. Questions: legal@casola.ai. Safety: safety@casola.ai. Registered address: Casola, 2261 Market Street STE 18830, San Francisco, CA 94114.