Terms and Conditions

Effective Date: August 01, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the CacheMash mobile applications, websites, and related services (collectively, the “Service”), operated by CacheMash, LLC, a New York limited liability company (“CacheMash,” “we,” “us,” or “our”). By creating an account, clicking “I Agree,” or using the Service, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SERVICE.

Headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.” The singular includes the plural and vice versa. Any ambiguities shall not be construed against CacheMash as the drafting party.

AGREEMENT TO ARBITRATE.

THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE [INCLUDE LINK TO SECTION BELOW]. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO ARBITRATE ANY DISPUTES ARISING FROM OR RELATING TO YOUR USE AND ACCESS TO THIS SITE AND OUR SERVICE, WHETHER RELATING TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY AND/OR YOUR SUBSCRIPTION (IF ANY).

Eligibility

The Service is intended for users who are at least thirteen (13) years old. By using the Service, you represent and warrant to us, and intend for us to rely upon your representation and warranty that you are at least thirteen (13) years of age. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. CacheMash does not knowingly collect personal information from children under the age of thirteen (13).

The Service is offered globally. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

To the extent you purchase your account through third party application stores, such as Google Play, you are further agreeing to their eligibility requirements including any required parental or custodial consents prior to paying for your subscription to our Service through those platforms.

Accounts

You are responsible for safeguarding your credentials and for all activity under your account. CacheMash is not responsible for any unauthorized access to your account. Please see our Privacy Policy for more information in this regard.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website or our Services is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Changes to Terms and conditions

We may modify, suspend, or discontinue any part of the Service at any time without prior notice or liability. Prepaid fees for your subscription to our Service is not refundable.

We may revise and update these Terms of Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and our Services thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website or otherwise transmitted.

Your continued use of the Website and our Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Use, Restrictions and Prohibitions, Content and License

Our Service allows you to save links to third party sites and links to third party content SOLELY TO ALLOW YOU TO REMEMBER AND RETURN DIRECTLY TO THOSE SITES AND CONTENT ON THOSE THIRD PARTY PLATFORMS AND APPLICATIONS.

YOU SHALL NOT EVER TRY TO OR ACTUALLY SAVE, STORE, COPY OR EXFILTRATE THE ACTUAL CONTENT FROM THOSE THIRD PARTIES TO OUR SERVICE. IF YOU DO, YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY CLAIMS OF VIOLATION, INFRINGEMENT, OR MISAPPROPRIATION OF THOSE THIRD PARTY PLATFORMS AND/OR CONTENT PROVIDERS.

IN NO EVENT WILL YOU STORE LINKS THROUGH THE SERVICE TO ANY PORNOGRAPHIC SITES, SITES ON THE “DARK WEB” OR ILLEGAL OR ILLICIT SITES, OR SITES TO WHICH YOU ARE OTHERWISE PROSCRIBED FROM ACCESSING FOR ANY REASON, WHETHER DUE TO YOUR AGE, YOUR LOCATION OR OTHERWISE.

FURTHER, YOU WILL BE RESPONSIBLE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY SUCH CLAIMS ARISING FROM YOUR MISUSE OF OUR SITE AND/OR THOSE THIRD PARTY PLATFORM AND/OR CONTENT PROVIDERS.

IF WE LEARN YOU HAVE VIOLATED THE FOREGOING, WE WILL IMMEDIATELY DELETE YOUR ACCOUNT AND ANY CONTENT AND/OR LINKS YOU MAY HAVE STORED THEREIN.

We have the right to:

Disclose your information to third parties where required to comply with applicable law, respond to lawful requests, protect the rights or safety of CacheMash, our users, or others, or enforce these Terms.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Subject to the foregoing restrictions, you may store in your account reminders as to the content of links. By way of example, you may store together with a particular link “this is the content that has my favorite chocolate chip cookie recipe”. Such reminders are your “User Content.” However, and for the avoidance of doubt, while you may store third party platform and application links on our Service, neither you nor we own those links.

You agree that all information you provide to access this Site, our Services and/or your Account, is governed by our Privacy Policy. Your use of the Service is subject to our Privacy Policy. By using the Service, you acknowledge that your personal information will be collected, used, processed, retained, and maintained in accordance with the Privacy Policy. You acknowledge that your information may be transferred to and processed in the United States and other jurisdictions, as described in our Privacy Policy.

You retain ownership of content you submit (“User Content”). You grant CacheMash a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, analyze, modify, transform, create derivative works from, and use User Content solely to operate, improve, and provide the Service. You represent that you have all rights necessary to provide User Content and that it does not infringe third-party rights. CacheMash does not endorse, control, or assume responsibility for User Content.

Ownership of the Service; Trademarks

The Service, including all software, technology, AI systems, algorithms, interfaces, designs, trademarks, and other intellectual property embodied in or associated with the Service, is and shall remain the exclusive property of CacheMash and its licensors. Except for the limited rights expressly granted under these Terms, no rights, licenses, or ownership interests are granted to you, whether by implication, estoppel, or otherwise.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website and our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Acceptable Use

Without limiting the restrictions and prohibitions in Section 4. You agree not to use the Service in any manner that violates applicable law, any third party’s intellectual property and/or proprietary rights or these Terms. Without limiting the foregoing, you agree that you will not, and will not permit any third party to:

(a) Upload, save, submit, transmit, generate, or otherwise make available any User Content or other content that infringes, misappropriates, or otherwise violates any intellectual property or proprietary rights of any person or entity

(b) Use the Service or any AI Features to generate, summarize, transform, or disseminate content in a manner that violates applicable law or third-party rights

(d) Use automated scripts, bots, scrapers, or similar means to access, extract, or collect data from the Service, except as expressly permitted by CacheMash

(e) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying models of the Service or any AI Features

(f) Circumvent, disable, or interfere with security-related features or usage limits of the Service

(g) Interfere or disrupt or attempt to disrupt any other user’s use and enjoyment of the Services

(h) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

(i) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise

(j) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation

(k) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)

(l) Use the Service for any unlawful, fraudulent, deceptive, or abusive purpose. CacheMash reserves the right to suspend or terminate access for any violation of this section.

Additionally, you shall not:

Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Artificial Intelligence Features

The Service includes AI features. CacheMash has no obligation to review, filter, correct, or verify AI outputs. AI outputs may be inaccurate, incomplete, biased, or resemble existing works and are provided “as is.” You are solely responsible for evaluating and using AI-generated content, including determining whether such content infringes third-party rights and/or whether such content is accurate, complete, or misleading in any manner.

You acknowledge and agree that you acquire no ownership or proprietary interest in the Service, including any underlying software, algorithms, models, or AI systems used to provide the Service or the AI Features. All rights, title, and interest in and to the foregoing are and shall remain exclusively with CacheMash and its licensors.

You acknowledge that AI-generated outputs may be similar or identical to content generated for other users, and that such similarity does not confer any rights in such outputs.

Assumption of the Risk

To the fullest extent allowed by law, you expressly acknowledge and agree that your use of the Service, including any AI Features and any outputs generated through the Service, is at your sole risk. You assume full responsibility for all decisions made, actions taken, and results obtained based on your use of the Service, including reliance on any information, summaries, or generated content. To the fullest extent allowed by law, CacheMash does not assume any responsibility for your use of or reliance on the Service or any outputs produced through it.

Further, if you export your store content and/or download it, you are solely responsible for any use of the same, including any claims by the producers of that content for any and all claims regarding the same, including without limitation claims of misappropriation, infringement or otherwise.

No Reliance

You acknowledge that you do not rely on the Service, including any AI Features or outputs, as a substitute for independent judgment, professional advice, or your own evaluation. CacheMash does not provide legal, financial, medical, or other professional advice, and no information provided through the Service creates any duty or obligation on the part of CacheMash.

You are solely responsible for the platforms and third party content providers you choose to visit and earmark for return viewing using our Service.

Subscriptions and Billing

Certain features of the Service may be offered on a subscription basis for a recurring fee. Subscription plans, pricing, billing frequency, and available features will be disclosed to you at the time you subscribe and before you place your purchase for the subscription. If you purchase a subscription for our Service, your use of the Service will be subject to these Terms, and the terms of your subscription.

(a) Automatic Renewal.

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You will have cancellation rights directly from your device settings. Our hosting platform (we use Apple App Store and Google Play) will provide to you renewal reminders and transaction notifications to allow you to exercise your rights at any time as set forth on the platform and in our subscription agreement.
By subscribing, you authorize CacheMash, or the applicable third-party platform through which you purchased the subscription, to charge the applicable subscription fees and any applicable taxes on a recurring basis using your selected payment method.

(b) Billing and Payment Processing

All payments for subscriptions purchased through third-party platforms, including the Apple App Store or Google Play Store, are processed by the applicable platform and are subject to that platform’s terms, conditions, and payment policies. CacheMash does not process payments or store payment information for subscriptions purchased through third-party platforms.

You may cancel your subscription at any time through your account settings with the applicable third-party platform. Cancellation will take effect at the end of the then-current billing period. Deleting the Service, deleting your account, or discontinuing use of the Service does not cancel your subscription. CacheMash does not have the ability to cancel subscriptions purchased through third-party platforms on your behalf.

(d) Refunds

Subscription fees are non-refundable except as required by applicable law or as expressly permitted by the applicable third-party platform’s refund policies. CacheMash does not issue refunds for subscriptions purchased through third-party platforms.

(e) Price and Plan Changes

CacheMash reserves the right to modify subscription plans, pricing, or available features at any time, subject to applicable law and third-party platform rules. Any changes will apply prospectively and will not affect the current billing period.

(f) Third-Party Platform Supremacy

If you access our Service through and/or purchase a subscription through a third-party platform, that platform’s terms and policies govern billing disputes, privacy matters, refunds, payment authorization, and cancellation. In the event of any conflict between those terms and these Terms, the third-party platform’s terms shall control with respect to payment-related matters. YOU ARE RESPONSIBLE TO REVIEW THOSE THIRD PARTY PLATFORM’S TERMS AND CONDITIONS AND TO COMPLY WITH THOSE TERMS. IF YOU VIOLATE ANY OF THOSE TERMS, WE RESERVE THE RIGHT TO IMMEDIATLEY TERMINATE YOUR ACCOUNT AND ACCESS TO THE SERVICE.

Termination

CacheMash may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including if you violate these Terms. You may stop using the Service at any time. CacheMash shall have no liability to you for any suspension or termination of your access, and we do not refund prepaid subscription fees.

Upon termination or suspension of your access, your right to use the Service will immediately cease, and CacheMash may delete or retain User Content in accordance with our Privacy Policy and applicable laws, rules, and/or regulations.

DMCA and Copyright

CacheMash respects the intellectual property rights of others and expects users to do the same. It is CacheMash’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that content available through the Service infringes a copyright you own or control, you may submit a notification of claimed infringement to CacheMash’s designated agent containing the information required by the DMCA. CacheMash may remove or disable access to allegedly infringing content and may terminate, in appropriate circumstances, users who are repeat infringers. Counter-notifications may be submitted in accordance with the DMCA. Designated DMCA Agent:

[DMCA Agent]
[dmca@cachemashapp.com]
[CacheMash, LLC address]

Disclaimer of Warranties

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL NOT APPLY (A) TO YOU IF PROSCRIBED BY APPLICABLE LAW AND (B) TO THE EXTENT DAMAGES ARE THE RESULT OF OUR GROSS NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

User Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CACHEMASH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY USER CONTENT, AI OUTPUTS, OR INTERACTIONS WITH THIRD-PARTY CONTENT.

Nothing in these Terms limits or excludes any rights you may have under applicable data protection laws.

Indemnification

You agree to defend, indemnify, and hold harmless CacheMash and its officers, directors, employees, agents, and affiliates from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) your use of or access to the Service;
(b) your User Content or any AI outputs generated, used, or relied upon by you;
(c) your violation of these Terms or applicable law
(d) your infringement, misappropriation, or violation of any intellectual property or other rights of any third party.

CacheMash reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with CacheMash in asserting any available defenses. You may not settle any claim without CacheMash’s prior written consent if such settlement imposes any obligation or liability on CacheMash.

Arbitration and Class Action Waiver

(a) Arbitration Agreement

Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or enforceability thereof (each, a “Dispute”), shall be resolved by binding arbitration on an individual basis and not in a court of law.

(b) Governing Rules and Forum

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Arbitration may be conducted remotely by videoconference, telephone, or written submissions, unless the arbitrator determines that an in-person hearing is necessary. Nothing in this section shall limit any rights you may have under applicable consumer protection or data protection laws, including the right to bring claims before courts of competent jurisdiction in your place of residence.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

(d) Class Action Waiver

You and CacheMash agree that any Dispute shall be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or award relief to any person or entity other than the individual parties to the arbitration.

(e) Equitable Relief

Notwithstanding the foregoing, CacheMash may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or address actual or threatened misuse, infringement, or misappropriation of its intellectual property or confidential information.

(f) Severability

If any portion of this Arbitration Agreement or Class Action Waiver is found unenforceable, that portion shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law.

(g) Survival

This Arbitration Agreement shall survive termination of your use of the Service and these Terms.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles; ; however, this shall not deprive you of any mandatory consumer protections or data protection rights applicable in your jurisdiction.

Force Majeure

CacheMash shall not be liable for failure to perform due to events beyond its reasonable control.

Assignment

You may not assign these Terms without consent. CacheMash may assign freely the Service to a third party that acquires CacheMash’s assets or equity in our company. In such case, your account and your information will be automatically transferred to that third party.

Severability

If any provision is unenforceable, the remaining provisions shall remain in effect.

Waiver

No waiver by the Company of any term or condition set out in these Terms and Conditions 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 the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions 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 the Terms and Conditions will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and CacheMash regarding the Service.

Survival

Termination or expiration of your access to the Service shall not limit or affect any rights or remedies available to CacheMash. All provisions of these Terms that by their nature should survive termination or expiration shall survive, including, without limitation, provisions relating to ownership and intellectual property rights, disclaimers of warranties, limitations of liability, indemnification obligations, arbitration agreements, governing law, and any other provisions intended to survive termination.

Contact

Legal contact: [legal@cachemashapp.com].

Company address: CacheMash, LLC 75 South Broadway, 4th Floor White Plains, NY 10601.