Welcome to InCast!
These Terms of Service ("Terms") govern your use of the website, web app, and services (together or individually, "Service") offered by InCast Inc. ("InCast", "we", "our", "us", "Company"). "You" refers to you as a user of the Service.
Your privacy is important to us. Our Privacy Policy explains how we collect, safeguard, and disclose information that results from your use of our Service, and also governs your use of our Service.
Please read these terms carefully. By using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, please do not access or use our Service.
To continue ensuring InCast remains a trusted platform for all users, we have created these standards outlining what is and what isn't permitted on InCast. Our priority is to ensure the safety of our users and their audiences. We ask all users to review these standards thoroughly. By using InCast, all users agree to abide by these standards.
Our Service is intended only for access and use by individuals at least sixteen (16) years old. By accessing or using any of InCast, you warrant and represent that you are at least sixteen (16) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least sixteen (16) years old, you are prohibited from both access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@incast.pro.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any junk mail , chain letter, spam, or any other similar solicitation.
(d) To impersonate or attempt to impersonate InCast, a InCast employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend InCast or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real-time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
If you wish to purchase any product or service made available through our Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or InCast Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting InCast Inc. customer support team at support@incast.pro.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide InCast Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize InCast Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, InCast Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
InCast Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by InCast Inc. until the Free Trial has expired. On the last day of a Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, InCast Inc. reserves the right to (i) modify Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
InCast Inc., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
InCast Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on any of these rights.
You retain any and all of your rights to any Content you submit, post, or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
InCast Inc. has the right but not the obligation to monitor, edit, and remove all Content provided by users. It is your responsibility to exercise judgment when posting content on the Service. The following types of content are not allowed:
In addition, Content found on or through this Service are the property of InCast Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
The InCast referral program ("Referrals") allows users to get paid for new users they refer to InCast. To participate, users must agree to these terms. The specific terms of each referral, including commission rate, promotional credits, and others, may vary.
Referrers get paid a commission on subscription payments for up to 12 months for every customer they refer to InCast. A customer is considered to have been referred by a user if they are arrive at the Service via referral link and continue to be tracked through account creation. Unless the new user is tracked automatically through software, they will not be considered to have been referred. The maximum number of referrers per user is one.
The referring user will earn a percentage of subscription payments, no higher than 50%, each time a payment is received by InCast. Referral commissions will not be earned when referred users on paid plans are using credits, or in any other situation where no payment is received by InCast.
We reserve the right to amend the commission rate for any user at any time, in our sole discretion without notice.
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Referred users may receive a promotional credit ("Credit(s)") not exceeding $100 in InCast credit, depending on the specified terms of the referral offer. InCast reserves the right to amend or remove the credit for any user at any time, in our sole discretion without notice.
A referred user may only use one referral link. If a referred user receives referral links from multiple InCast users, only the InCast user associated with the referral link actually used by the referred user will be eligible for commissions.
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
InCast may suspend or terminate Referrals or a user’s ability to participate in it at any time for any reason.
We reserve the right to suspend accounts or remove Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the InCast Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by redeeming Credits can change at any time.
We can update these terms at any time without prior notice. Continued participation in the Referrals program after any modification shall constitute consent to such modification.
We respect the intellectual property rights of others, and we ask our users to do the same. It is our policy to promptly process and investigate notices of alleged infringement, including claims that Content posted on the Service infringes the intellectual property rights of others, and we will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act, and other applicable intellectual property laws with respect to any alleged or actual infringement.
When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected member, provide information about the notice and removal and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. We may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase is an analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
You may provide us either directly at support@incast.pro or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
Sentry
Sentry is an open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
Our Service may contain links to third party web sites or services that are not owned or controlled by InCast.
InCast has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that InCast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
These services are provided by InCast on an as is and as available basis. InCast makes no representations or warranties of any kind, express or implied, as to the operation of Service. You expressly agree that your use of Service is at your sole risk.
Neither InCast nor any person associated with InCast makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Service, or that Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Service is free of viruses or other harmful components, or that Service will otherwise meet your needs or expectations.
InCast hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties or merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
By using Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
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