Terms of Service

Last Updated: October 13, 2026

Important: These Terms include an agreement to resolve most U.S. disputes through individual arbitration, unless you timely opt out, and a waiver of jury trials and class actions. See Sections 24 and 25. Mandatory rights that apply where you live are preserved under Section 23.

1. Agreement to These Terms

Cantina, Inc. (“Cantina,” “we,” “our,” or “us”) provides the Cantina website, mobile applications, and related services (collectively, the “Service”). The Service allows users to create, configure, publish, and interact with artificial-intelligence-powered bots, avatars, and characters; generate text, images, video, audio, and other media; and communicate with bots and other users in public or private spaces called “Rooms.”

By accessing or using the Service, you agree to these Terms of Service (the “Terms”). These Terms, our Privacy Policy, Community Guidelines and Policies, pricing and payment disclosures presented at purchase, and any additional terms that we present for a particular feature together form the agreement between you and Cantina (the “Agreement”). If you do not agree, do not access or use the Service.

“Applicable Law” means any law, regulation, binding regulatory requirement, court order, or other legal obligation that applies to the relevant person, conduct, content, or jurisdiction.

Policies and notices: Privacy Policy | Community Guidelines and Policies

2. Eligibility and Accounts

2.1 Age and capacity

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. You may not use the Service if we previously suspended or terminated your access, unless we authorize your return in writing. We may request information reasonably necessary to verify eligibility.

2.2 Registration

Some features require an account (“Account”). You must provide accurate, current, and complete information and keep it updated. If you create an Account through Apple, Google, or another third-party service, you authorize us to receive and use information that service makes available in accordance with your settings and our Privacy Policy. We do not ask you to give us your password for that third-party service.

If you create an Account for an organization, you represent that you have authority to bind it. In that case, “you” includes both you and the organization. Unless we expressly permit business use, the Service is licensed for personal, non-commercial use.

2.3 Account security

You are responsible for activity under your Account, except to the extent caused by Cantina or otherwise provided by Applicable Law. Keep your credentials secure and notify us promptly at support@cantina.com if you suspect unauthorized access. You may not use another person’s Account without permission.

3. The Service and AI Features

The Service includes creative and social tools, Rooms, and artificial-intelligence-powered avatars and characters (collectively, “Bots”). A Bot may respond based on prompts, settings, source materials, other users’ interactions, automated systems, and probabilistic model behavior. Bot output may be inaccurate, incomplete, offensive, unexpected, or similar to output provided to others.

Bots and synthetic content are not people and should not be understood as speaking for, being endorsed by, or accurately depicting any person or organization unless the Service clearly says otherwise. You must not use a Bot to mislead others about its artificial nature or affiliation. Cantina may label Bots and AI-generated or manipulated content, including by watermarks, visible disclosures, or machine-readable signals.

Public figures and real people. Bots that reference, resemble, or are inspired by a real person, including a public figure, are creative simulations, including parody, satire, and commentary, offered for entertainment and expressive purposes. They are not the person, do not speak for the person, and are not authorized, sponsored, or endorsed by the person unless the Service clearly says otherwise. Cantina does not represent that any Bot accurately reflects the views, statements, character, or conduct of any real person.

Do not rely on Bots or Generated Content (defined below) for medical, legal, financial, safety-critical, emergency, or other professional decisions. The Service is provided for creative, entertainment, and social purposes unless a feature expressly states otherwise.

4. License to Use the Service

Subject to the Agreement, Cantina grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service through its intended interfaces. Cantina and its licensors reserve all rights not expressly granted. This license ends when your Account or the Agreement ends.

5. Rules for Using the Service

You must comply with Applicable Law, the Agreement, Room rules, and reasonable product instructions. You may not, and may not encourage or assist another person to:

provide false or fraudulent information; impersonate another person or organization; or misrepresent a Bot’s origin, sponsorship, or endorsement;
use the Service to exploit, groom, endanger, or sexualize a minor, or to create, solicit, possess, or distribute child sexual abuse material;
create, distribute, or threaten to distribute nonconsensual intimate imagery, including synthetic or manipulated imagery;
violate another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
create, publish, or share a Bot or other content that replicates the name, voice, image, likeness, or other identifying characteristics of an identifiable real person, living or deceased, without the rights, consents, and permissions required by Applicable Law, except where the use is lawful parody, satire, commentary, criticism, news reporting, or other protected expression;
post unlawful, defamatory, threatening, harassing, hateful, fraudulent, materially deceptive, or otherwise objectionable content, or content that incites violence or other serious harm;
remove, alter, obscure, disable, or falsify an AI-content label, disclosure, watermark, provenance signal, or similar metadata applied by Cantina, or strip it from content you export, download, or share;
circumvent access controls, safety systems, rate limits, content labels, or technical restrictions;
copy, scrape, harvest, crawl, reverse engineer, decompile, or use automated means to access the Service except as expressly permitted by Cantina or Applicable Law;
introduce malware; interfere with the Service; probe or compromise security; or impose an unreasonable load on our systems;
collect personal information from the Service without a lawful basis and all required notices and permissions;
send spam, unlawful marketing, or other unsolicited communications;
access audiovisual content other than through the functionality we provide, including by copying, permanently downloading, or redistributing a stream unless expressly permitted; or
use the Service or its output in a way prohibited by the Community Guidelines and Policies.

You represent that you have the rights, licenses, consents, and permissions needed for anything you submit, publish, or instruct the Service to use, including names, likenesses, voices, music, images, confidential information, and personal data. This includes any consent required under laws governing digital replicas and the rights of publicity of living or deceased individuals.

6. Bots and User Responsibilities

If you create or configure a Bot, you are responsible for the prompts, settings, source materials, and creative choices you supply. Before publishing a Bot or adding it to a Room, you must reasonably review its description, intended behavior, and any available preview or safety information. You must not configure or use a Bot in a way that violates the Agreement or the reasonable expectations and rules of the relevant Room.

Cantina may test, restrict, label, suspend, or remove Bots or particular outputs. Safety tools reduce but do not eliminate risk. You remain responsible for how you use or share output and for independently evaluating whether it is suitable for your purpose.

7. User Content, Generated Content, and Ownership

7.1 User Content

“User Content” means content or materials that a user submits, uploads, posts, publishes, displays, transmits, or otherwise makes available through the Service, including profile information, prompts, source materials, Bot designs, comments, images, audio, video, music, and messages. As between you and Cantina, you retain ownership of your User Content, subject to third-party rights and the licenses in these Terms.

7.2 Generated Content

“Generated Content” means output generated for you by the Service in response to your interactions, such as text, images, audio, or video. To the extent Cantina has any rights in your Generated Content, Cantina assigns those rights to you. This assignment does not transfer rights owned by another user or third party, rights in Cantina Content (defined below), or rights in the underlying Service or models. Cantina does not promise that Generated Content is copyrightable, unique, accurate, or free of third-party rights. Other users may receive the same or similar output.

7.3 User-Created Bots

As between you and Cantina, you retain rights in the original creative elements that you contribute to a Bot, such as an original persona, backstory, appearance, and instructions (“User-Created Bot”). You do not acquire rights in Cantina Content (defined below), third-party materials, models, software, or functionality used to create or operate the Bot. A person who interacts with your User-Created Bot does not acquire ownership of the Bot but may hold rights in the Generated Content produced for that person, as described above.

7.4 Licenses to Cantina

Service license. You grant Cantina and its affiliates, service providers, and distribution partners a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, display, perform, distribute, transmit, and otherwise use User Content and Generated Content as reasonably necessary to provide, operate, secure, moderate, and support the Service. This license continues while the content is available through the Service and for a reasonable period afterward for backups, legal compliance, enforcement, and dispute resolution.

Improvement license. To the extent permitted by Applicable Law and consistent with our Privacy Policy and any controls we provide, you grant Cantina and its affiliates and service providers a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to analyze and use User Content, Generated Content, and interactions with the Service to evaluate, develop, train, test, secure, and improve the Service, Bots, models, safety systems, and related products. Where Applicable Law requires consent or an opt-out, we will provide the required choice. Deletion of content, your use of a control we provide, or termination of your Account or the Agreement does not terminate this improvement license as to User Content, Generated Content, or interactions already used, and does not require Cantina or its affiliates or service providers to retrain, reverse, modify, or delete any model, model weights, parameters, or derived systems developed using that material. This paragraph is subject to the Privacy Policy and to rights you may have under Applicable Law.

Promotion license. If you make User Content, Generated Content, or Bots public, you grant Cantina a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to display and use that public User Content, Generated Content you publish or share, and Bots you create or configure to demonstrate and promote the Service, including in Cantina-owned marketing channels. You also grant Cantina the right to use your username, display name, and any name, likeness, image, voice, or persona that you have chosen to make public through the Service, in connection with that content and for the same purposes. Cantina will not state that you endorse Cantina without permission and will obtain additional consent where Applicable Law requires it.

Moral rights. The licenses in this Section 7.4 include the right to modify, adapt, edit, translate, reformat, excerpt, and combine your User Content, Generated Content, and Bots with other material, and to use it without attribution or with attribution by username or display name. To the maximum extent permitted by Applicable Law, you waive, and agree not to assert, any moral rights, rights of paternity or attribution, rights of integrity, droit moral, and similar rights in your User Content, Generated Content, and Bots against Cantina, its affiliates, and its licensees and sublicensees. Where those rights cannot lawfully be waived, you consent to the acts described in this Section 7.4 that would otherwise infringe them, and agree not to enforce those rights against Cantina, its affiliates, or its licensees and sublicensees. Nothing in this paragraph applies to the extent Applicable Law prohibits it.

7.5 Cantina Content and feedback

“Cantina Content” means the Service and materials provided by Cantina or its licensors, including software, interfaces, designs, graphics, logos, trademarks, model components, documentation, and other proprietary materials. Cantina Content excludes User Content and Generated Content. Cantina and its licensors own Cantina Content and all associated intellectual-property rights.

If you provide suggestions or feedback about the Service, you grant Cantina a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. Do not submit feedback you consider confidential.

8. Content Moderation, Reporting, and Appeals

8.1 Moderation authority

Cantina does not tolerate objectionable content or abusive users. We may use automated systems, human review, user reports, and other methods to detect, review, rank, label, restrict, remove, or preserve content and to warn, suspend, or terminate users. We may act when we reasonably believe content or conduct violates the Agreement, Applicable Law, Room rules, or creates risk to users, Cantina, or third parties. We are not obligated to monitor every interaction or item of content.

8.2 Monitoring and private spaces

We reserve the right, but do not undertake any obligation, to access, monitor, and review content, communications, and activity on any part of the Service — including Rooms, direct messages, Bot configurations, and interactions with Bots — and to have our service providers do so on our behalf. “Private” describes who can access a Room or a message: it means access-restricted, not unmonitored. The Service does not offer end-to-end encrypted messaging, and unless we expressly state otherwise for a particular feature, you should not expect that anything you send or store on the Service is inaccessible to Cantina. Please do not use the Service to share information you need to keep private from us.

You agree that Cantina and its service providers, including providers of AI models used to operate Bots, may access, monitor, record, transmit in real time, store, and analyze content, communications, and activity on the Service, including in Rooms, direct messages, calls, and interactions with Bots, as described in this Section and our Privacy Policy.

8.3 Reporting

You can report any content, Bot, Account, or conduct that you believe violates the Agreement, our Community Guidelines and Policies, or Applicable Law using this form or the in-app reporting tools. That form identifies what each type of request must include and the timeframes that apply. The processes described below cover situations where Applicable Law or our policies call for specific handling. They do not limit your ability to report anything else, or our ability to act on it.

Child sexual abuse material. Anyone may report suspected child sexual abuse material, including AI-generated or digitally altered material, through this form or the in-app reporting tools. We review reports, including review by a person where required, and act on confirmed material by removing or blocking it and restricting the Accounts involved, within the periods required by Applicable Law. We report apparent child sexual abuse material as required by law, and we preserve related content and Account information as required, which may prevent us from deleting material on request.

Nonconsensual intimate imagery. A person depicted in real or synthetic intimate imagery, or an authorized representative, may request removal through this form. We will remove validly reported material and make reasonable efforts to remove known identical copies within the periods required by Applicable Law.

Unauthorized depictions of real people. A person depicted or simulated by a Bot or other content, or an authorized representative, may request review and removal through this form. We will review valid requests and may remove, restrict, or relabel the Bot or content and may act on the Account that published it. We may decline a request where the use appears to be lawful parody, satire, commentary, criticism, or other protected expression, or where Applicable Law requires a different result.

8.4 Appeals

Where required by Applicable Law or otherwise appropriate, we will explain a moderation decision and provide an opportunity to appeal. We may limit information when disclosure would compromise safety, security, privacy, confidential methods, an investigation, or legal obligations. To appeal a decision, use this form.

9. Intellectual-Property Complaints

9.1 Copyright notices

If you believe material on the Service infringes your copyright, send our designated agent a written notice containing: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification and location of the allegedly infringing material; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized by the owner, its agent, or law; and (f) a statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act for the owner.

DMCA Agent: Cantina, Inc., Attn: DMCA Notice, 10 Jay Street, 4th Floor, Brooklyn, NY 11201; copyright@cantina.com; telephone 929-675-0310; fax 646-390-7125. You may also use this form.

9.2 Counter-notices

If your material was removed or disabled because of a copyright notice and you believe that action resulted from mistake or misidentification, you may send our designated agent a counter-notice containing: (a) your physical or electronic signature; (b) identification and former location of the material; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled by mistake or misidentification; and (d) your name, address, and telephone number, plus consent to the jurisdiction of the appropriate U.S. federal district court and acceptance of service from the complaining party or its agent. We may restore the material in accordance with 17 U.S.C. § 512 unless the complaining party timely notifies us of a court action.

9.3 Repeat infringers and other rights

In appropriate circumstances, Cantina may suspend or terminate Accounts of users who repeatedly infringe copyright. We may also restrict or terminate Accounts for other repeated or serious violations of intellectual-property rights. For complaints outside the DMCA, use the same contact or reporting form and identify the right, protected material, challenged content, and basis for your complaint.

10. Credits

Cantina may offer virtual credits or similar units (“Credits”) that can be used only for eligible features identified in the Service. Credits are a limited, revocable contractual permission to use those features. They are not money, property, a deposit, or a stored-value account; have no cash value; and may not be transferred, sold, exchanged, or redeemed for cash except where Applicable Law requires otherwise.

Unless otherwise disclosed when Credits are issued, free or promotional Credits are used first, beginning with those that expire soonest, followed by Credits included with your subscription, if applicable. The price, quantity, permitted uses, consumption rules, any expiration date applicable to promotional Credits, and any plan-specific terms will be disclosed when Credits are issued or purchased.

Purchased Credits do not expire. Promotional Credits may expire as disclosed when they are issued, and may be changed or withdrawn subject to Applicable Law.

Credits used to create or publish content are ordinarily consumed when the relevant feature is provided. If we remove content because it violates the Agreement, associated Credits may not be restored. If we reverse that decision on appeal or remove content solely because of our error, we will restore the Credits where reasonably practicable. If we suspend an Account for a violation, no subscription Credits will accrue during the suspension; future monthly allotments will resume when the Account is reinstated. If a paid subscription ends without renewal, unused Credits will be treated as disclosed at purchase and as required by Applicable Law.

11. Subscriptions, Fees, and Payments

11.1 Pricing and payment

Some features require payment. Prices, billing periods, taxes, included Credits, and other material terms will be disclosed before purchase. You authorize Cantina or the identified payment provider to charge the payment method you provide. You must provide accurate billing information and are responsible for applicable taxes. Third-party payment and app-store terms apply only to purchases processed by that third party.

11.2 Automatic renewal and cancellation

A subscription automatically renews for successive periods of the same length at the then-current price unless you cancel before the next renewal date. Before you subscribe, we will disclose the renewal terms and obtain any consent required by Applicable Law. You authorize recurring charges until cancellation.

You may cancel through the same medium used to subscribe, including through Account settings for direct purchases or the applicable app store for app-store purchases. A cancellation received before renewal prevents the next renewal charge. Unless we state otherwise or Applicable Law requires a different result, you may continue using the paid features through the end of the current paid period. Cancellation does not retroactively refund the current period.

An annual subscription may be changed to a monthly subscription only at the end of its annual term. A monthly plan change takes effect at the next monthly renewal unless the purchase flow states otherwise. We will provide renewal reminders and advance notice of material price changes when required by Applicable Law.

11.3 Refunds and termination

Except as stated in the purchase terms or required by Applicable Law, fees are nonrefundable. If Cantina ends a paid subscription without your violation of the Agreement, Cantina will provide a prorated refund or comparable credit for the unused prepaid period, unless the Service or payment provider offers a more favorable remedy. If we suspend or terminate for a violation, you will not receive a refund except where Applicable Law requires one.

12. Text Messages

12.1 Account and service messages

When you provide your mobile number to Cantina, you agree to receive SMS messages from us at that number in connection with your Account, sent from a short code or toll-free number. These include verification and authentication codes, security alerts, waitlist status, app access, other Account updates, and messages you specifically request.

12.2 Promotional and user-initiated messages

We will send recurring promotional texts, or texts initiated by another user through the Service, only with the consent required for that message type and jurisdiction. Consent to marketing texts is not a condition of purchase. You represent that you are the subscriber or customary user of the number and will notify us before transferring or discontinuing it.

12.3 All text messages

Frequency. You will receive messages on a periodic basis, and frequency varies by message type and your activity.

Opting out and help. You can cancel at any time by replying STOP to the short code or number that sent the message. We will send one message confirming that you have been unsubscribed, after which you will not receive further messages in that program. For help, reply HELP or contact support@cantina.com. Opting out of one program does not stop service, security, transactional, or legally required messages where permitted, and does not stop messages in other programs you have joined.

Rates and delivery. Message and data rates may apply to messages we send you and messages you send us. Carriers are not liable for delayed or undelivered messages.

13. Privacy, Data, and Security

Our Privacy Policy explains how we collect, use, disclose, retain, and otherwise process personal data. The Privacy Policy also describes choices and rights that may be available where you live. Except for the consent you give in Section 8.2, agreement to these Terms does not by itself constitute consent for processing that requires separate consent under Applicable Law.

We may collect diagnostic, device, technical, and usage information to operate, secure, analyze, and improve the Service. Cantina may use and own aggregated or deidentified information that does not identify you, subject to Applicable Law and commitments in the Privacy Policy. Personal data remains subject to the Privacy Policy and Applicable Law, regardless of how it is characterized in these Terms.

We use reasonable administrative, technical, and organizational safeguards, but no system is completely secure. You are responsible for protecting your Account and devices. Nothing in this section limits obligations or remedies that cannot lawfully be limited.

14. Third-Party Services and App Stores

The Service may contain or integrate websites, content, advertising, payment services, APIs, or other services provided by third parties (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy practices. Cantina does not control or endorse them and is not responsible for them except to the extent required by Applicable Law.

If you use an integration, the third party’s terms apply only to that integration. For example, use of YouTube functionality is subject to the YouTube Terms of Service. Your use of the mobile application is also subject to the applicable app store’s rules and the App Store Addendum at the end of these Terms.

15. Service Changes, Suspension, and Termination

We may change, limit, suspend, or discontinue features for legitimate business, legal, safety, or technical reasons. We may suspend or terminate access if we reasonably believe you violated the Agreement, created risk or legal exposure, failed to pay, or used the Service fraudulently. We may also discontinue the Service or end an Account for other legitimate reasons, with notice where reasonably practicable.

For a material adverse change to a paid feature during a prepaid term, we will provide advance notice and any right to cancel, receive a refund, or continue under existing terms that Applicable Law requires. Sections that by their nature should survive termination—including ownership, licenses already granted for retained materials, payment obligations, disclaimers, liability limitations, indemnity, and dispute terms—will survive.

16. Disputes with Other Users

You can block or mute other users, and you can report content, Bots, Accounts, or conduct at any time using the tools described in Section 8.3. You are responsible for your interactions with other users. Cantina may monitor or assist with disputes but is not obligated to do so. To the maximum extent permitted by Applicable Law, Cantina is not responsible for another user’s conduct or content.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CANTINA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CANTINA DOES NOT WARRANT THAT THE SERVICE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE, OR SUITABLE FOR YOUR PURPOSE, OR THAT DEFECTS WILL BE CORRECTED.

CANTINA DOES NOT CONTROL OR GUARANTEE USER CONTENT, GENERATED CONTENT, BOTS, THIRD-PARTY SERVICES, OR THE CONDUCT OF USERS OR THIRD PARTIES. YOU USE AND RELY ON THEM AT YOUR OWN RISK. THESE DISCLAIMERS DO NOT EXCLUDE WARRANTIES, RIGHTS, OR REMEDIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANTINA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THE AGREEMENT, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CANTINA AND THOSE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CANTINA FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100.

Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence where Applicable Law prohibits that limitation. Some jurisdictions do not permit certain limitations, so some of the above may not apply to you.

19. Release and Indemnity

To the maximum extent permitted by Applicable Law, you release Cantina from claims and damages arising from a dispute between you and another user or third party. If you are a California resident, you waive California Civil Code § 1542 with respect to that release, which provides: “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.”

To the maximum extent permitted by Applicable Law, you will defend, indemnify, and hold harmless Cantina and its affiliates, officers, directors, employees, agents, suppliers, and licensors from third-party claims, losses, liabilities, damages, costs, and reasonable attorneys’ fees arising from (a) content you submit, publish, share, or direct the Service to generate, to the extent the claim arises from your prompts, settings, source materials, creative choices, or your decision to publish or share that content, (b) your material breach of the Agreement, (c) your violation of Applicable Law or third-party rights, or (d) your fraud or willful misconduct. Cantina may control the defense at its expense, and you will provide reasonable cooperation. This indemnity does not apply to the extent a claim was caused by Cantina’s breach, negligence, or willful misconduct, or to the extent it cannot lawfully apply to a consumer.

20. Cooperation with Legal and Safety Requests

You will provide reasonable and accurate assistance concerning your Account or User Content when needed to investigate suspected violations, respond to a valid legal or safety request, protect users, or resolve a complaint. You are not required to waive a legal right or provide information prohibited by Applicable Law.

21. Export and Sanctions Compliance

You may not use or export the Service in violation of U.S. export-control or sanctions laws or other Applicable Law. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned territory and are not a prohibited or restricted party, except to the extent Applicable Law prevents this restriction from applying.

22. Governing Law and Courts

Except for the arbitration provision below and the International Use and Mandatory Rights section, the Agreement is governed by New York law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If a dispute is not subject to arbitration, small-claims jurisdiction, or a non-waivable local forum right, the state and federal courts in New York County, New York have exclusive jurisdiction, and you and Cantina consent to those courts.

23. International Use and Mandatory Rights

Where we offer the Service. Cantina operates the Service from the United States and designs and offers it primarily for users in the United States. We do not localize the Service for other countries, and we make no representation that the Service is appropriate or available for use in any particular location. The Service may be accessible from other locations, and purchases may be processed in your local currency. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

If the law where you live provides mandatory consumer, privacy, content, accessibility, contract, dispute-resolution, or other rights that cannot lawfully be waived or limited by contract, those rights apply despite anything to the contrary in the Agreement. Nothing in the Agreement deprives you of the protection of mandatory law that applies to you.

If Applicable Law entitles you to bring a claim in the courts or tribunals where you live, or prohibits mandatory arbitration, a class-action waiver, a liability limitation, a disclaimer, an indemnity, automatic renewal, a nonrefund provision, or another term, the conflicting term will apply only to the maximum extent permitted. The remainder of the Agreement will continue to apply. Cantina may provide localized notices, interfaces, or rights without creating the same rights elsewhere.

24. Arbitration Agreement for U.S. Users

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST U.S. DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, UNLESS YOU TIMELY OPT OUT. IT ALSO AFFECTS HOW YOU MAY SEEK RELIEF.

24.1 Claims covered

Except for the exclusions below, you and Cantina agree to arbitrate any past, present, or future dispute, claim, or controversy arising out of or relating to the Agreement, the Service, communications, transactions, or your relationship with Cantina (“Claim”). The Federal Arbitration Act governs this arbitration agreement.

24.2 Informal resolution

Before filing arbitration, the claimant must send an individualized notice (“Dispute Notice”) to support@cantina.com that describes: (a) the claimant’s full name and Account, (b) a description of the factual nature of the claim, (c) the specific requested relief, and (d) contact information. Within 30 days of receiving such notice, Cantina will provide a substantive written response. Following Cantina’s response, the parties will confer in good faith for 60 days. Applicable limitation periods are tolled during that period. A Claim filed in arbitration without a compliant Dispute Notice, or before the informal resolution period has ended, may be dismissed without prejudice or stayed pending compliance. Either party may seek small-claims relief without completing this process if waiting would cause the claim to expire.

24.3 Arbitration rules and process

Arbitration will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator under the AAA Consumer Arbitration Rules and Consumer Fee Schedule then in effect, available at www.adr.org, as modified by this section. The arbitration may occur by documents, telephone, video, or in person as permitted by the rules. Any in-person hearing will occur in the U.S. county where you live unless the parties agree otherwise. Fees will be allocated under the applicable AAA schedule and Applicable Law. The arbitrator may award any individualized remedy available in court, including attorneys’ fees when authorized by law, but may not award relief for persons who are not parties.

Cantina will pay all arbitration filing fees and arbitrator compensation that exceed the amount you would pay to file and maintain a claim in the small-claims court of the U.S. county where you live (or, if your Claim exceeds small-claims jurisdiction, in the court of general jurisdiction in that county). If the arbitrator determines that your Claim was frivolous or brought in bad faith, the arbitrator may reallocate fees in accordance with the AAA Consumer Arbitration Rules and Applicable Law.

The arbitrator, and not any court, shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. The parties agree this is a clear and unmistakable delegation of arbitrability to the arbitrator. The foregoing delegation does not apply to disputes concerning the class-action waiver or the availability of public injunctive relief to the extent Applicable Law requires a court to decide those issues. Judgment on an award may be entered in any court with jurisdiction.

24.4 Exclusions

Either party may bring an individual claim in small-claims court if it qualifies and remains there. Either party may seek temporary or preliminary court relief to prevent actual or threatened infringement, misappropriation, unauthorized access, or misuse of intellectual property, confidential information, or security systems while arbitration is pending. Claims that Applicable Law says cannot be arbitrated are excluded.

24.5 Opt-out

You may opt out of this arbitration agreement within 30 days after first accepting it or, if you held an Account before the last updated date of these Terms, within 30 days after that last updated date, by emailing support@cantina.com with your full legal name, the email or phone number associated with your Account, and an unambiguous statement that you opt out of arbitration. If you opt out, neither this Section 24 nor the class-action waiver in Section 25.1 will apply to you. Opting out does not affect any other part of the Agreement, including the jury-trial waiver in Section 25.2.

24.6 Severability

If a portion of this arbitration agreement is unenforceable, it will be severed and the remainder enforced, except that if the class-action waiver in Section 25.1 is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters are resolved, unless Applicable Law requires otherwise.

25. Class-Action and Jury-Trial Waiver

25.1 Class-action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CANTINA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. This waiver is part of the arbitration agreement in Section 24 and applies only to Claims subject to that agreement. If you opt out of arbitration under Section 24.5, this Section 25.1 does not apply to you. THIS SECTION DOES NOT PREVENT RELIEF THAT APPLICABLE LAW REQUIRES TO BE AVAILABLE ON A REPRESENTATIVE OR PUBLIC BASIS.

25.2 Jury-trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CANTINA EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE. This waiver is independent of Section 24 and applies whether or not you opt out of arbitration. Some jurisdictions do not permit pre-dispute jury-trial waivers, and this Section does not apply where Applicable Law prohibits it.

26. Changes to the Agreement

We may update the Agreement for legal, safety, security, technical, product, or business reasons. We will post the updated terms and revise the “Last Updated” date. If a change materially reduces your rights or materially increases your obligations, we will provide advance notice through the Service, email, or another reasonable method. The change will apply on the stated last updated date. If you do not agree, you must stop using the Service and may cancel paid services. We will obtain renewed consent where Applicable Law requires it.

27. General Terms

Assignment. You may not transfer the Agreement or your Account without Cantina’s written consent. Cantina may assign the Agreement in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or by operation of law, provided the assignment does not reduce mandatory consumer rights.

Entire agreement; order of precedence. The Agreement is the entire agreement concerning the Service. Feature-specific terms control for that feature if they expressly conflict with these Terms. App-store terms control only to the extent required by the applicable app store.

Severability; waiver. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective, subject to the special severability rules in the arbitration section. A failure to enforce a provision is not a waiver.

Electronic communications. You agree that we may provide service and legal notices electronically where permitted. Marketing preferences do not affect service, safety, transactional, or legally required notices. You are responsible for keeping your contact information current.

28. Contact and California Notice

Cantina, Inc.

10 Jay Street, 4th Floor

Brooklyn, NY 11201

Email: support@cantina.com

California residents. Under California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

29. App Store Addendum

29.1 Apple App Store

If you downloaded the mobile application from Apple’s App Store, you acknowledge that the Agreement is between you and Cantina, not Apple Inc. (“Apple”), and Apple is not responsible for the application or its content. The license is limited to a non-transferable license to use the application on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Usage Rules, including Family Sharing or volume purchasing where applicable.

Cantina, not Apple, is responsible for maintenance and support, any warranties not effectively disclaimed, product claims, and claims that the application infringes third-party intellectual-property rights. If the application fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted by Applicable Law, Apple has no other warranty obligation.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and are not listed on a U.S. Government prohibited or restricted party list. You must comply with applicable third-party terms, including wireless-data terms. Apple and its subsidiaries are third-party beneficiaries of this App Store Addendum and may enforce it against you.

29.2 Google Play and other app stores

If you obtained the application from Google Play or another app store, the store’s terms and usage rules apply to your download and use. Cantina remains responsible for the application except to the extent the store’s terms provide otherwise or Applicable Law requires otherwise.