These Operator Terms of Service ("Terms") govern your use of the Geocast service as a property operator. If you are a guest experiencing a Geocast-powered property as a visitor (scanning a QR code, listening to a story, exploring a Hidden Card), a separate Guest Terms of Use applies to you, available at geocast.ai/legal/guest-terms.
By creating an Operator account, clicking "I agree," or using the Geocast service in any operator capacity, you agree to these Terms. If you do not agree, do not use the service.
These Terms form a binding legal contract between you (the operator, also referred to as "you" or "Operator") and Geocast AI, Inc.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" and "Operator" refer to that entity.
Geocast provides a software-as-a-service platform that enables property operators to create, publish, and manage location-based storytelling experiences for their guests. The service includes:
- An admin application (web, iOS, and Android) for creating and managing content
- A guest-facing application (web and native iOS/Android) for delivering experiences
- AI-powered content generation tools, including the Story Writing Agent, the Property Research Agent, the Imagery Agent, and the Story Interviewer
- Beacon-triggered and GPS-triggered location-aware delivery
- Structured data outputs designed for AI agent discovery (the AEO layer)
- Analytics and insight tooling
- Other features as published in the service from time to time
Geocast may modify, add, or remove features at any time. Material reductions in features will be communicated to active operators with reasonable advance notice.
2.1Eligibility
To create an Operator account, you must be at least 18 years old, have legal capacity to enter into contracts, and not be barred from receiving the service under applicable law.
2.2Account information
You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for all activity that occurs under your account, including activity by your team members and any third parties you authorize.
2.3Team members and access
You may invite team members to your account. You are responsible for the actions of all users you authorize, including content they create, configurations they change, and access they grant. You must promptly remove access for team members who no longer require it.
2.4Authority to publish
You represent and warrant that you have the legal authority to publish content about the property or properties you operate using the service. If you are a third-party agency, marketing partner, or vendor acting on behalf of a property, you represent that the property has authorized you to do so.
3.1Free trial
Geocast may offer a free trial of the service. The current availability, length, and conditions of any free trial (including whether a payment method is required at sign-up) are described at geocast.ai/pricing and may change from time to time.
If you sign up for a free trial that requires a payment method, you will not be charged during the trial period. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription at the conclusion of the trial.
You may cancel your trial at any time, for any reason, without charge.
3.2Subscription tiers and pricing
Pricing, tier definitions, property allotments, and feature inclusions are published at geocast.ai/pricing and are incorporated into these Terms by reference. We may change pricing for new subscriptions at any time. For existing subscriptions, pricing changes take effect at the start of your next billing term, with at least 30 days' notice.
3.3Billing terms
Subscriptions are offered on the billing terms described at geocast.ai/pricing, which currently include monthly and annual options. By providing payment information, you authorize Geocast (and our payment processor) to charge the applicable fees in advance for each billing term you select, at sign-up and at each renewal. All fees are non-refundable except as expressly provided in these Terms.
3.4Per-property pricing
Each property you operate using the service is its own subscription. Adding a new property creates a new subscription at the then-current rate for the tier and billing term you select.
3.5Auto-renewal
Subscriptions automatically renew at the end of each billing term unless cancelled before renewal. Renewal charges are processed against the payment method on file at the rate then published at geocast.ai/pricing for your tier and billing term.
3.6Failed payments
If a payment fails, we will notify you and attempt to retry the charge. If payment cannot be collected within 14 days of the original due date, we may suspend your access to the service. Continued non-payment may result in termination of your subscription.
3.7Taxes
Fees are exclusive of all taxes, levies, and duties. You are responsible for paying all applicable taxes other than taxes based on Geocast's net income.
This is one of the most important sections of these Terms. Read it carefully.
4.1Operator Content
"Operator Content" means any content you provide, upload, or input into the service, including photographs, archival materials, written narratives, property descriptions, audio recordings, video, branding assets, voice samples, audio recordings intended for voice synthesis, digital voice models, and any other materials you contribute.
You retain all rights to Operator Content. You own what you bring.
4.2License to Geocast for Operator Content
You grant Geocast a worldwide, non-exclusive, royalty-free license to host, store, process, display, transmit, and create derivative works from Operator Content for the purpose of providing the service to you. This license includes the right to use Operator Content as input to AI models to generate the Generated Content described below.
This license terminates when you delete the Operator Content from the service or terminate your subscription, subject to the wind-down period in Section 11.4 and to backup retention periods reasonably necessary for legal hold and disaster recovery.
4.3Generated Content
"Generated Content" means content produced by Geocast's AI tools and infrastructure, including:
- Stories, narratives, and dialogue drafted by the Story Writing Agent
- Procedural SVG imagery, Hero Scenes, and visual scenes generated by the Imagery Agent
- Audio narration produced by voice synthesis tools
- Structured fact layers, JSON-LD payloads, agent-readiness metadata
- Recommendations, summaries, and editorial outputs
- Any other content produced by Geocast's models, prompts, or infrastructure based on Operator Content or property research
Geocast owns all rights, title, and interest in Generated Content, including all intellectual property rights.
4.4License to Operator for Generated Content
While your subscription is active and your account is in good standing, Geocast grants you a non-exclusive, royalty-free, worldwide license to use Generated Content solely in connection with the property or properties for which it was generated, and solely as part of the Geocast-delivered guest experience.
This license:
- Does not permit you to publish Generated Content on platforms that compete with the service
- Does not permit you to license, sell, or sublicense Generated Content to third parties
- Does not transfer ownership of Generated Content to you
- Continues during the 30-day wind-down period described in Section 11.4
After the wind-down period ends, the license terminates. Geocast does not pursue takedown of Generated Content from internal operator systems used solely for archival reference, but you may not continue to publish, display, or commercially exploit Generated Content after the license ends.
4.5Why this structure exists
This allocation protects both sides. You bring your property's assets and they remain yours. Geocast brings the production engine and retains ownership of what that engine produces, which is what allows us to upgrade Generated Content across all properties simultaneously when our models improve and what protects us against forking. The license to you is broad enough that you can run your property's Geocast experience without restriction, but bounded enough that Generated Content does not become portable property of departing operators.
This Section 4.5 is explanatory only. It describes the rationale for the IP allocation in Sections 4.1 through 4.4 and does not create independent rights, obligations, licenses, or duties for either party. The operative IP terms are in Sections 4.1 through 4.4, which control in any conflict.
4.6Interaction Data
"Interaction Data" means data generated by guest interaction with the service at your property, including which stories were played, completion rates, ratings, beacon proximity events, hidden card discoveries, and aggregate usage patterns. Interaction Data does not include guest personal data, which is governed by the Geocast Privacy Policy.
Interaction Data belongs jointly to you and Geocast. You may use Interaction Data for your property's analytics and operational purposes. Geocast may use Interaction Data, in anonymized and aggregated form, for product improvement, benchmarking, and the Citation Oracle service. Neither party may resell Interaction Data.
4.7Geocast IP
Geocast, the Geocast logo, the Invisible Host tagline, the GEOCAST.AI wordmark, and all Geocast software, models, prompts, infrastructure, designs, and documentation are the exclusive property of Geocast AI, Inc. Nothing in these Terms grants you any right or license to use these assets except as expressly provided.
4.8Feedback
If you provide suggestions, ideas, or feedback about the service ("Feedback"), you grant Geocast an irrevocable, perpetual, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, distribute, prepare derivative works of, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you. To the extent permitted by applicable law, you waive any moral rights or similar rights in the Feedback that would otherwise prevent Geocast's exercise of this license. Geocast is under no obligation to use Feedback or to compensate you for it. We appreciate the Feedback. We will not pay you for it.
4.9Voice Synthesis and Cloning Consent
If you use the service's voice cloning or custom voice synthesis features (the "Voice Tools"), you explicitly consent to Geocast and its sub-processors processing the audio recordings you upload to create a digital replica of the speaker's voice (a "Voice Model"). By uploading audio for voice cloning, you represent, warrant, and agree that:
- You are the speaker. You are uploading recordings of your own voice, or you have obtained the explicit, affirmative written consent of the speaker to clone their voice for use in the Geocast service.
- No unauthorized impersonation. You will not use the Voice Tools to impersonate any third party, public figure, or private individual without their express written permission.
- Consent to sub-processing. You authorize Geocast to transmit the audio samples to our third-party audio sub-processors to generate and host the Voice Model.
- Right to delete. You may revoke this consent at any time by deleting the Voice Model and associated source audio from your account via the admin application.
Geocast reserves the right to suspend your access to the Voice Tools or delete any Voice Model immediately if we suspect a violation of these representations or if required by our sub-processors' trust and safety policies.
5.1You will not
You agree not to:
- Use the service to publish content you do not have the right to publish
- Upload content that infringes any third party's intellectual property, privacy, or other rights
- Upload content that is unlawful, defamatory, harassing, threatening, or invasive of another's privacy
- Use the service to harvest, collect, or process personal data of guests except as expressly enabled by the service and disclosed in the Geocast Privacy Policy
- Reverse engineer, decompile, or attempt to extract the source code of the service
- Circumvent rate limits, access controls, or security features
- Use the service to compete with Geocast, including by training AI models on Generated Content
- Resell, sublicense, or commercially exploit access to the service except as expressly permitted
- Use the service for any illegal purpose or in violation of any applicable law
You also agree not to engage in the following AI-specific abuses:
- Prompt injection attacks. Submitting inputs designed to manipulate, override, or subvert the instructions, safety constraints, or intended behavior of the AI tools used in the service, including the Story Writing Agent, the Property Research Agent, the Imagery Agent, Geocast AI, the Story Interviewer, or any other AI component
- Automated scraping of AI endpoints. Using the service's AI tools as a general-purpose AI inference endpoint, including by automating requests, looping queries to extract model outputs, or otherwise using the service for purposes beyond creating and managing content for your property
- Bypassing safety filters. Attempting to circumvent, disable, or work around content moderation, safety filters, or model guardrails built into the service or its underlying AI tools
- Generating prohibited content. Using the service's AI tools to generate content that violates the use policies of Geocast's AI sub-processors (including Anthropic's usage policies and ElevenLabs' terms of service), to generate sexually explicit, violent, hateful, or otherwise harmful content, or to generate content that misrepresents real persons in misleading or harmful ways
- Adversarial inputs. Submitting inputs intended to cause the AI to malfunction, produce error states, leak system prompts, or reveal underlying model behaviors that are not intended for end-user access
- Deepfakes and impersonation. Using voice cloning or other AI tools to impersonate any person without that person's express written consent
A breach of any of the AI-specific prohibitions is grounds for immediate suspension or termination of your account under Section 11.3.
5.2Content responsibility
You are the publisher of all content you publish through the service, whether you authored it yourself, uploaded it from an external source, or accepted it as drafted by Geocast's AI tools. You are responsible for the accuracy, legality, and appropriateness of all content you publish.
The Property Research Agent and other AI tools provide source attribution for facts they surface. You have access to the underlying source citations before you publish. You are responsible for verifying content before publication.
5.3Geocast's role in content
Geocast provides production tools. Geocast is not the publisher of content you publish through the service. Geocast does not pre-approve, review, or guarantee the accuracy of content you publish.
5.4Duty to support correction
If you identify an error, inaccuracy, or problematic content in Generated Content, you may flag it to Geocast through the admin app or by emailing support@geocast.ai. Geocast will respond as follows:
- For non-urgent corrections: acknowledged within 2 business days, corrected within 5 business days where the correction is feasible within the service.
- For urgent corrections (content that exposes you to defamation, regulatory issue, or material harm): acknowledged within 4 hours, corrected within 24 hours.
This duty does not extend to disagreements about editorial choice, voice, or style. It applies to errors of fact, infringing material, or content that creates legal exposure.
5.5Operator content moderation
You are responsible for moderating content within your own Experiences, including any guest-generated content if your configuration allows it (the current service does not enable guest-generated content; this clause is forward-looking).
6.1Privacy Policy
Our handling of personal data is governed by the Geocast Privacy Policy, available at geocast.ai/legal/privacy, which is incorporated into these Terms by reference.
6.2Data processing roles
For personal data of your guests collected through the service:
- You are the data controller (or, in CCPA terms, the business). You determine what experiences run at your property and what guest interactions are enabled.
- Geocast is the data processor (or, in CCPA terms, the service provider). Geocast processes guest personal data on your behalf and per your configuration.
For personal data we collect about you and your team members in the operation of your account, Geocast is the data controller.
6.3Data Processing Addendum
If your jurisdiction or your internal compliance requires a Data Processing Addendum (DPA), Geocast's standard DPA is available at geocast.ai/legal/dpa and is incorporated into these Terms by reference. The DPA governs Geocast's processing of personal data on your behalf.
6.4Sub-processors
Geocast uses third-party sub-processors to provide the service. Geocast publishes the current list of sub-processors at geocast.ai/legal/sub-processors and updates that page as sub-processors change. The page is incorporated into these Terms by reference.
7.1Definition
"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
Operator Content, Interaction Data, your business strategies, your customer lists, and similar information are your Confidential Information. Geocast's models, prompts, internal pricing, product roadmaps, and similar information are Geocast's Confidential Information.
7.2Obligations
Each party will:
- Use the other party's Confidential Information solely to perform its obligations and exercise its rights under these Terms
- Protect Confidential Information with the same degree of care it uses to protect its own confidential information, but not less than reasonable care
- Not disclose Confidential Information to third parties except to employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as these
7.3Exclusions
Confidential Information does not include information that is publicly available through no breach of these Terms, was known to the receiving party before disclosure, is independently developed by the receiving party, or is rightfully received from a third party without confidentiality obligations.
7.4Compelled disclosure
If a party is compelled by law to disclose Confidential Information of the other, it will provide prompt notice (where permitted) so the other party may seek a protective order.
8.1Mutual warranties
Each party represents and warrants that it has the legal authority to enter into these Terms, that its performance will not violate any law or third-party agreement, and that it will comply with all laws applicable to its performance.
8.2Operator warranties
You represent and warrant that:
- You have all rights necessary to upload Operator Content and to grant the licenses in Section 4
- Operator Content does not infringe any third party's intellectual property, privacy, or other rights
- You have the authority to publish content about the property or properties you operate using the service
- You will comply with all laws applicable to your operation of the property and the guest experience, including consumer protection, accessibility, and privacy laws
8.3Service warranty and availability
Geocast warrants that the service will perform materially in accordance with its published documentation.
Geocast will use commercially reasonable efforts to maintain the availability of the service, but does not commit to any specific uptime percentage, availability level, or response time. The service may experience interruptions due to maintenance, third-party dependencies, network conditions, and other factors outside Geocast's reasonable control.
If the service experiences a sustained outage or material degradation that Geocast cannot reasonably cure, your sole and exclusive remedy is to terminate your subscription and receive a pro-rated refund of fees paid for the unused portion of your current billing term. Geocast does not offer service credits.
8.4AI content disclaimer
GENERATED CONTENT IS PRODUCED BY AI TOOLS. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INCLUDING FACTUAL INACCURACIES, MISATTRIBUTIONS, AND MISINTERPRETATIONS OF SOURCE MATERIAL. GEOCAST DOES NOT WARRANT THAT GENERATED CONTENT IS ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE.
YOU ARE THE PUBLISHER OF CONTENT YOU PUBLISH THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR REVIEWING, VERIFYING, AND CORRECTING CONTENT BEFORE PUBLICATION.
GEOCAST'S DUTY TO SUPPORT CORRECTION OF GENERATED CONTENT, AS DESCRIBED IN SECTION 5.4, IS A SERVICE COMMITMENT, NOT A WARRANTY OF ACCURACY.
8.5General disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." GEOCAST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GEOCAST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
9.1Geocast indemnifies you
Geocast will defend you against any third-party claim alleging that:
(a) the service, as provided by Geocast and used by you in accordance with these Terms, infringes any third party's intellectual property right; or
(b) Generated Content (as defined in Section 4.3) produced by Geocast and delivered to you in accordance with these Terms infringes any third party's copyright, trademark, or trade secret rights, including claims arising from AI-generated text, imagery, audio, or other media that reproduces or substantially derives from a third party's protected work.
Geocast will pay damages and costs finally awarded against you or agreed in settlement.
This obligation does not apply to claims arising from:
- Operator Content
- Your modification of Generated Content in ways that introduce or contribute to the infringement
- Your use of the service or Generated Content in violation of these Terms or in combination with materials, instructions, or systems not provided by Geocast, where the combination is the basis of the claim
- Your continued use of the service or affected Generated Content after Geocast notified you of an alleged infringement and provided a non-infringing alternative or instructed you to cease use
- Inputs you provided to the service that introduced infringing material into the AI generation process (for example, providing copyrighted source text and asking Geocast to produce a story based on it)
- Generated Content produced before the effective date of these Terms
For the avoidance of doubt, Geocast's indemnity for Generated Content is intended to address the contemporary risk that AI-generated outputs may, despite Geocast's source-tagging architecture and other safeguards, reproduce or substantially derive from protected third-party works. Geocast's commitment to defend against such claims is one of the primary protections this agreement provides to you, and it sits alongside Geocast's ownership of Generated Content under Section 4.3.
To receive this indemnity, you must comply with the indemnification process in Section 9.3 and must use the service and Generated Content in accordance with these Terms.
9.2You indemnify Geocast
You will defend Geocast against any third-party claim arising from:
- Operator Content, including any allegation that Operator Content infringes a third party's rights
- Your breach of these Terms, including the warranties in Section 8.2 and the acceptable use provisions in Section 5
- Your operation of your property or your guest experience, except to the extent caused by the service itself
- Your violation of any law
You will pay damages and costs finally awarded against Geocast or agreed in settlement.
9.3Indemnification process
The indemnified party will:
- Promptly notify the indemnifying party in writing of the claim
- Give the indemnifying party sole control of the defense and settlement (provided that no settlement requiring action or admission by the indemnified party may be entered without the indemnified party's consent, which will not be unreasonably withheld)
- Provide reasonable cooperation in the defense at the indemnifying party's expense
10.1Cap on liability
EXCEPT FOR THE CARVEOUTS IN SECTION 10.3, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO GEOCAST IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
10.2Exclusion of certain damages
EXCEPT FOR THE CARVEOUTS IN SECTION 10.3, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3Carveouts
The limitations in Sections 10.1 and 10.2 do not apply to:
- A party's indemnification obligations under Section 9, which are capped in the aggregate at the greater of (i) three times the fees paid or payable by you to Geocast in the 12 months preceding the event giving rise to the indemnification obligation, or (ii) $50,000. This cap applies to claims arising under self-serve subscriptions purchased through geocast.ai. Higher indemnification caps may be available under separately negotiated enterprise agreements.
- A party's obligations to pay fees expressly owed under these Terms
- A party's gross negligence or willful misconduct
- A party's breach of confidentiality obligations under Section 7, which is capped at the greater of $50,000 or the fees paid or payable by you to Geocast in the 12 months preceding the breach
- A party's violation of the other party's intellectual property rights
- Liability that cannot be limited or excluded under applicable law
10.4Allocation of risk
You acknowledge that the limitations in this Section 10 are an essential basis of the bargain, that the fees reflect this allocation of risk, and that these limitations would apply even if any limited remedy fails of its essential purpose.
11.1Term
These Terms commence on the date you accept them and continue until terminated as provided in this Section 11.
11.2Termination by you
You may cancel your subscription at any time, for any reason, through the admin app or by emailing support@geocast.ai. Cancellation stops auto-renewal at the end of your current billing term. You will retain access to the service through the end of the term you have already paid for, after which the wind-down provisions in Section 11.4 apply.
You may terminate immediately for material breach by Geocast that is not cured within 30 days of written notice. In that case, you will receive a pro-rated refund of fees paid for the unused portion of your current billing term.
11.3Termination by Geocast
Geocast may terminate or suspend your account:
- Immediately, for non-payment that is not cured within 14 days of notice
- Immediately, for breach of Sections 4 (IP), 5 (acceptable use), or 7 (confidentiality)
- Immediately, if Geocast reasonably determines that your use of the service creates significant legal or operational risk to Geocast or to other users
- For convenience, on 60 days' notice, in which case you will receive a pro-rated refund of fees paid for the unused portion of your current billing term
11.4Effect of termination: wind-down
Upon termination of your subscription, the following 30-day wind-down applies:
- Your content remains accessible in read-only mode for export
- Geocast provides reasonable export tooling for your Operator Content and your share of Interaction Data, in formats including JSON, common audio formats, and structured documentation
- Your QR codes and deep links will continue to resolve to a generic "this experience has ended" page for the duration of the wind-down
- The license to Generated Content described in Section 4.4 continues during the wind-down period
After the wind-down period:
- Guest-facing content goes offline
- Geocast deletes your Operator Content and your share of Interaction Data from production systems within 30 days
- Backup copies may be retained for up to 12 months for legal hold and disaster recovery, after which they are deleted in the ordinary course
- The license to Generated Content terminates
11.5Surviving provisions
The following sections survive termination: Section 4 (with respect to ownership and license terms), Section 7 (confidentiality), Section 8.4 and 8.5 (disclaimers), Section 9 (indemnification, with respect to claims arising before or after termination), Section 10 (limitation of liability), Section 12 (dispute resolution), Section 13 (general), and any other provision that by its nature should survive.
12.1Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12.2Informal dispute resolution
Before initiating formal proceedings, the parties will attempt to resolve any dispute through good-faith discussion. The party initiating the dispute will provide written notice describing the dispute and proposed resolution. The parties will then have 30 days to resolve the dispute informally before proceeding to arbitration or litigation.
12.3Mandatory arbitration
Except as provided in Section 12.5, any dispute arising out of or relating to these Terms or the service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in Deschutes County, Oregon, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
12.4Class action waiver
EACH PARTY AGREES THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
12.5Carveouts from arbitration
Either party may bring an action in court for:
- Injunctive or other equitable relief to protect intellectual property rights or enforce confidentiality obligations
- Claims qualifying for small-claims court in the appropriate jurisdiction
The exclusive venue for any court proceeding permitted under this Section 12.5 is the state and federal courts located in Deschutes County, Oregon, and each party consents to the personal jurisdiction of those courts.
12.6Costs and fees
In any arbitration or court proceeding, each party will bear its own attorneys' fees and costs, except as expressly required by applicable law or the rules of the arbitration provider.
13.1Entire agreement
These Terms, together with the documents incorporated by reference (Privacy Policy, sub-processor list, DPA where applicable, pricing page), constitute the entire agreement between you and Geocast regarding the service and supersede all prior agreements and understandings.
13.2Amendments
Geocast may update these Terms from time to time. Material changes will be communicated to you with at least 30 days' notice via a banner in the admin app. Continued use of the service after the effective date of an amendment constitutes acceptance. If you do not accept an amendment, your sole remedy is to terminate your subscription, and you will receive a pro-rated refund of fees paid for the unused portion of your current billing term.
13.3Assignment
You may not assign these Terms without Geocast's prior written consent. Geocast may assign these Terms in connection with a merger, acquisition, sale of assets, or similar transaction. Any prohibited assignment is void.
13.4Notices
Notices to Geocast must be sent to legal@geocast.ai. Notices to you will be sent to the email address on your account. Notices are deemed received on the date of transmission, except for notices of breach or termination, which are deemed received the next business day.
13.5Force majeure
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet outages, third-party service outages, governmental action, or pandemic. The affected party will use reasonable efforts to mitigate the impact and resume performance.
13.6Independent contractors
The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.
13.7No third-party beneficiaries
These Terms do not confer any rights or remedies on any third party, except as expressly provided.
13.8Severability
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable while preserving the original intent.
13.9Waiver
A party's failure to enforce any provision of these Terms is not a waiver of that provision or of the right to enforce it later.
13.10Headings
Section headings are for convenience only and do not affect interpretation.
For questions about these Terms:
- Email: legal@geocast.ai
- Mail: Geocast AI, Inc., 70 SW Century Dr, STE 100, PMB 1130, Bend, OR 97702