Welcome to CastHub at Home, by CastHub, Inc. (“CastHub”, “we” or “us”). Please read the following terms and conditions carefully.

THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF THE CASTHUB AT HOME PAGES AT CAST-HUB.COM, THE CASTHUB AT HOME APP AT FAMILY.CAST-HUB.COM, THE CASTHUB APPS ON TELEVISIONS AND STREAMING PLAYERS, AND THE CASTHUB AT HOME SERVICE (COLLECTIVELY, THE “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CASTHUB AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES. YOUR USE OF THE SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CASTHUB MAY MAKE CHANGES TO THE SERVICES AT ANY TIME. CASTHUB MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THIS PAGE AND BY SENDING THE OWNER OF EACH FAMILY AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU WILL CEASE USING THE SERVICES. IF YOU DO NOT CEASE USING THE SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LAWFULLY ABLE TO ENTER INTO CONTRACTS. CASTHUB AT HOME IS FOR PERSONAL AND HOUSEHOLD USE; IF YOU ARE ACTING FOR A BUSINESS, A SCHOOL, A MUNICIPALITY OR ANY OTHER ORGANISATION, DO NOT USE CASTHUB AT HOME; CASTHUB’S BUSINESS PLANS AND THE CASTHUB TERMS AND CONDITIONS AT CAST-HUB.COM/TERMS-AND-CONDITIONS/ APPLY TO ORGANISATIONS. IF YOU DISAGREE WITH ANY OF THE TERMS BELOW, WE DO NOT GRANT YOU ANY LICENSE OR RIGHT TO USE THE SERVICES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS OF ANY KIND.

These Terms apply to CastHub at Home together with the CastHub Terms and Conditions. Where the two differ for a CastHub at Home family, these Terms apply.

1. Personal and household use

CastHub at Home is provided for your personal, family and household use only. You may access and use the Services solely for your personal enjoyment and benefit and that of the people you invite into your family. The Services may not be used by or for a business, a shop, an office, a school, a church, a club, a government body or any other organisation, to show content to the public, customers, patients, students or employees, or for any commercial purpose. Any content you add, share or display through the Services must not be used for commercial gain. An organisation that needs screens uses a CastHub business plan under the CastHub Terms and Conditions. CastHub may end the plan of a family that uses CastHub at Home commercially.

2. Registration, the owner and the family

When you create a family, you are asked for your name, your email address and a password, and you become the owner of that family (the “Owner”). The Owner holds the plan, is the only person who sees and changes billing, and is responsible for the family’s use of the Services. The Owner may invite other people into the family (“Contributors”); Contributors act under the Owner’s responsibility, and the Owner is responsible for their compliance with these Terms. Each person is responsible for the security and confidentiality of their own sign-in details (an “ID”), for all access and use of the Services that occurs under their ID, and for promptly notifying CastHub of any unauthorised access or use. CastHub reserves the right to audit use of the Services.

3. TVs, homes and people

One CastHub at Home plan covers up to 6 televisions or players connected to the family, in any number of homes, with any number of people in the family. CastHub may refuse or remove connections beyond that number. The televisions, streaming players and sticks are the family’s own, bought from their makers under their own terms; CastHub does not sell them and is not responsible for them. Features that depend on a particular device, such as switching a television on or off, quiet hours, or a picture of what a television is showing, are available only on the devices that support them, as described on cast-hub.com/family/tvs/.

4. License and restrictions

Materials: certain information, documents, materials and services provided on and through the Services, including software, content, logos, graphics and images (together, the “Materials”), are made available to you by us and are our copyrighted and/or trademarked work. Materials do not include Content (as defined in section 6).

License: the Services are licensed, not sold, to you. Subject to your compliance with these Terms, and solely for so long as you are permitted by CastHub to use the Services, CastHub grants you a limited, personal, non-exclusive and non-transferable license to use the Services and the Materials for your personal use. Except for that license, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Services. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Services or any Materials.

Use limits: you agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things: (i) probe, scan or test the vulnerability of any system or network; (ii) breach or otherwise circumvent any security or authentication measures; (iii) access, tamper with or use non-public areas of the Services, families you have not been invited to, or CastHub’s (or our service providers’) computer systems; (iv) interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services; (v) plant malware or otherwise use the Services to distribute malware; (vi) access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”); (vii) send unsolicited communications, promotions or advertisements, or spam; (viii) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; (ix) publish anything that is fraudulent, misleading or infringes another’s rights; (x) impersonate or misrepresent your affiliation with any person or entity; (xi) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry or religious, racial or ethnic hatred; (xii) publish or share any content that harms or endangers anyone, in particular a child; or (xiii) violate the law in any way, violate the privacy of others, or defame others.

5. Privacy policy

Your use of the Services is governed by the CastHub Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use and share personal information.

6. Your content

As between the parties, you and the members of your family remain the owners of all rights (including all intellectual property rights) in all photos, video clips, documents, calendar links and other data, information or material provided or made available by you to CastHub through the Services (“Content”), excluding Statistics. You grant CastHub a non-exclusive, worldwide and royalty-free license to use, reproduce, store, transmit, display, resize, convert and adapt the Content solely and exclusively for the purpose of providing the Services to your family and performing CastHub’s obligations under these Terms, for as long as the Content is in your family’s albums. This license includes the right for CastHub to sub-license the same to its service providers, but only to the extent required by CastHub to provide the Services. For the avoidance of doubt, all media you share with CastHub through the Services, and anything derived from it, will only be shown to the people in your family and on the televisions your family chooses; under no circumstances will any of your media be used for marketing or any other purpose unrelated to your use of the Services without your express permission, and CastHub’s assistant does not analyse the photos in your albums. When a family is deleted, its Content is deleted with it.

The term Statistics means anonymous data, expressly excluding personally identifiable data and Content, that CastHub derives from the operation of the Services. CastHub may use Statistics for the modification, enhancement and improvement of the Services and for the marketing or promotion of CastHub, provided that such use cannot reasonably be identified with your family.

You agree that you will not add to the Services any material protected by copyright, trademark or any other proprietary right without the express permission of the owner of such right, and the burden of determining whether any Content is protected by any such right is on you. You represent and warrant that: (i) you own all Content added by you or otherwise have the right to grant the license set forth in this section; and (ii) adding your Content through the Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from any Content that you add, and you agree to pay all royalties, fees, damages and any other monies owing to any person by reason of any Content added by you.

7. Services, updates and suspension

The Services are primarily for the display of your family’s Content on the televisions and players your family connects. CastHub reserves the right to make enhancements or other modifications to the Services from time to time without materially detracting from their overall functionality. CastHub may allow or require updates to the CastHub apps on your televisions and players; certain updates may be required to continue use of the Services, and you consent to the automatic installation of available updates. Failure to install available updates may render parts of the Services unusable.

CastHub may temporarily suspend (in whole or part) access to the Services: (i) for the purpose of performing maintenance and/or updating the Services, whether on a scheduled or unscheduled basis; (ii) due to a security threat or prejudicial use of the Services, perceived or actual; (iii) to comply with any applicable law or the requirement of any Internet or telecommunication network service provider upon whom CastHub relies for the provision of the Services; or (iv) to address, remedy or prevent any breach of these Terms by you. CastHub will minimise any period of interruption and restore the Services as soon as reasonably possible, except where the cause of suspension arises from your breach and you have failed to take the necessary steps to remedy it.

8. Third-party content and links

Certain information and content appearing in the Services, including calendar feeds you connect and templates or artwork supplied by CastHub, may be the material of third-party licensors, users or suppliers to CastHub (“Third Party Content”). Third Party Content does not include your Content and is the copyrighted and/or trademarked work of its creator or licensor. You agree to display Third Party Content on your own devices solely for your personal use and acknowledge that you have no right to download, reproduce, modify, edit or exploit it unless you have permission from its owner. The Services may link to websites and services that CastHub does not control, including the app stores of television makers and the calendar services your family uses; CastHub is not responsible for them, and your dealings with them are governed by their own terms.

9. Payments

CastHub at Home is a paid subscription. By starting a trial or purchasing a subscription (each, a “Transaction”), you expressly authorise CastHub, through its third-party payment processor (Stripe), to charge you for such Transaction. CastHub may ask you to provide information relevant to your Transaction, including your card number, its expiration date, and your email and billing addresses (“Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by the Payment Information you provide. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorise us to provide your Payment Information to our payment processor so we can complete your Transaction and charge your payment method for the Transaction you have selected, plus any applicable taxes and other charges.

10. The CastHub at Home membership

Trial: a new family starts with a 14-day trial. A payment card is required to start the trial. Nothing is charged until the trial ends. If the plan is cancelled before the trial ends, nothing is charged. There are no card-free trials and no extensions.

Subscription fee: when the trial ends, and at the start of each billing period thereafter, you will be charged the then-current subscription fee for the billing option you chose, yearly or monthly, plus any applicable taxes and other charges (the “Subscription Fee”). At the date of these Terms the Subscription Fee is $299 a year or $35 a month, in US dollars, as shown at checkout and at cast-hub.com/family/pricing/. CastHub, through its payment processor, will automatically charge the Subscription Fee at the start of each yearly or monthly period, using the Payment Information you have provided, until you cancel. We reserve the right to change the Subscription Fee; we will give the Owner advance notice by email of any increase before it applies to the family’s next charge.

Cancellation: the Owner may cancel the CastHub at Home membership at any time from the billing page in the app, through the cancellation link in the invoice email sent by our payment processor, or by email to support@cast-hub.com. The plan then runs to the end of the period already paid for, no further charge is made, and the family’s televisions stop showing albums when that period ends. See the refund policy in section 11.

Digital Frame TV: a subscription to Digital Frame by CastHub that was active when CastHub at Home launched continues as a CastHub at Home membership at no additional cost, at the fee and on the billing period of that subscription, under these Terms.

11. Refund policy

CastHub does not offer refunds for subscription fees. To ensure that the Services meet your expectations, we provide a 14-day trial for every new family; the trial is intended to help you assess the Services fully before a Subscription Fee is charged. Once the trial has ended and a Subscription Fee has been paid, no refund is provided, except where the law of your country requires it or where CastHub, at its sole discretion, decides otherwise. Requests are read by a person on the team at support@cast-hub.com.

12. Feedback

You may provide CastHub with oral or written feedback related to your use of the Services, including reports of any errors you discover (“Feedback”). Content is expressly excluded from Feedback. Feedback, and any other materials, information, ideas, concepts and know-how provided by you to CastHub concerning the Services, and any information reported automatically through the Services to CastHub, will be the property of CastHub. You agree to assign, and hereby assign, all rights, title and interest worldwide in the Feedback, and the related intellectual property rights, to CastHub, and agree to assist CastHub, at CastHub’s expense, in perfecting and enforcing such rights.

13. Unauthorised activities and indemnification

Unauthorised use of the Services or Third Party Content may violate certain laws and regulations. You agree to defend, indemnify and hold CastHub and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) that CastHub or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your Content, your family’s Content, and/or your use of the Services or Third Party Content, or the use by any person using your ID, that violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. CastHub may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct, and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services when legally required or at CastHub’s discretion.

14. Proprietary rights

Neither these Terms nor any provision herein transfers ownership of, or any license not expressly granted to, any CastHub intellectual property right of any kind whatsoever, including the Services, the Materials, the CastHub apps, and CastHub’s legally protectable methods, processes, systems, operations, network or customer support methodology or technology. All right, title and interest in and to the foregoing and all intellectual property rights therein remain solely with CastHub. All trademarks, service marks and logos used in connection with the Services are trademarks or registered trademarks of CastHub, Inc. or its licensors.

15. Term and termination

Though we would much rather you stay, you can stop using the Services at any time by cancelling under section 10. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your family’s use if you are not complying with these Terms, use CastHub at Home for an organisation or for commercial purposes, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve your Content, though there may be cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. Sections 6, 12, 13, 14, 16, 17, 19 and 21 survive termination.

16. Disclaimer of warranties

CastHub will use commercially reasonable efforts to correct any discovered defects in the Services. However, to the maximum extent permitted by applicable law, your access to and use of the Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user, and you bear the entire risk of using the Services. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and, to the maximum extent permitted by applicable law, we do not represent, warrant or guarantee that the Services will be provided uninterrupted, error-free or virus-free, that defects will be corrected, or that any television, player or calendar service will remain compatible with the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to the longer of thirty (30) days from the date of your first use or the minimum duration allowed by law. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you; this clause does not vary rights that cannot be varied under applicable law.

17. Limitation of liability

EXCEPT TO THE EXTENT REQUIRED BY LAW, CASTHUB WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO CASTHUB FOR YOUR CASTHUB AT HOME MEMBERSHIP IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (B) TWO HUNDRED AND FORTY DOLLARS ($240) IF YOU HAVE NOT MADE ANY PAYMENT TO CASTHUB IN SUCH TWELVE-MONTH PERIOD.

Allocation of risk: THE PROVISIONS OF THESE TERMS ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THEM. THE FEES PROVIDED FOR IN THESE TERMS REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY, AND SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Local laws and export control

The Services are controlled and operated from the United States and are not intended to subject CastHub to any non-U.S. jurisdiction or law. The Services and Third Party Content may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations, including export and re-export control laws, in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

19. Dispute resolution and binding arbitration

Informal efforts to resolve disputes: if a dispute arises between you and CastHub, you should first attempt to resolve it by contacting us at support@cast-hub.com, or by sending the details of your complaint, including your contact information for a response, to the address listed in this section. We will attempt in good faith to resolve all claims submitted this way within fifteen (15) days of receipt.

Agreement to arbitrate; right to opt out: if informal efforts to resolve claims fail or are not used, you agree that any and all claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert claims in a small claims court in the United States if your claims meet the court’s jurisdictional requirements; and (ii) either party may pursue claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and these Terms as a court would. Any arbitration under these Terms will take place on an individual basis; class arbitrations, class actions and private attorney general actions are not permitted.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CASTHUB IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO THE ADDRESS LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH CASTHUB, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration rules and fees: the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if you are a resident of the United States; because your use of the Services is for personal or household use, the AAA’s procedures for consumer-related disputes, including the minimum fairness standards, will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA in Austin, Texas, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in Austin, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, which limit the amount a consumer is required to pay; if the arbitrator determines that your claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration. In the event of a conflict or inconsistency between the applicable arbitration rules and this provision, this provision shall govern and control. The AAA rules are available at https://www.adr.org or by calling 800-778-7879 from inside the United States; to begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules.

Procedure: the arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the AAA roster of arbitrators. If you and we cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, the AAA will pick a neutral arbitrator who meets the qualifications. Because appearing in person for arbitration can be unduly burdensome, arbitration under this provision shall not require any personal appearance by the parties or witnesses unless mutually agreed; either or both parties may participate by written submissions, telephone calls or other means of remote communication as allowed by the arbitrator, and any location designated by the AAA will be the one most convenient for you. The arbitration can only decide claims between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honour claims of privilege recognised by law and will take reasonable steps to protect account information and other confidential or proprietary information.

Time restriction: YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Governing law: in conducting the arbitration proceeding, the arbitrator will apply the law of the State of Texas (without regard to its conflicts of law provisions), including U.S. federal law for matters covered by federal law (for example, the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

Recovery and attorneys’ fees: if the arbitrator rules in your favour on the merits of any claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing and pursuing your claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses and the alternative payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. Because your use of the Services is for personal or household use, neither party will be entitled to any award of punitive or special damages, and CastHub waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of claims between us.

Confidentiality: you and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any claims arbitrated under this provision and, with the exception of disclosure to your or our attorneys, accountants, auditors and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing obligation to arbitrate; severability: this arbitration provision shall survive termination of your access to or use of the Services and related agreements. If any portion of this arbitration provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this arbitration provision.

CastHub notice address: CastHub, Inc., ATTN: LEGAL/ARBITRATION, 1606 Headway Circle, Ste 19049, Austin, TX 78754. Email: support@cast-hub.com.

20. Force majeure

Neither party will be liable to the other for any breach of these Terms which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include, but not be limited to, any act of God, fire, casualty, flood, war, labour disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing, but, for the avoidance of doubt, shall not include shortage or lack of available funds), provided it promptly notifies the other party of such circumstances. If performance has been interfered with, hindered, delayed or prevented for a period in excess of ninety (90) days, the party whose performance is not affected may terminate these Terms immediately by written notice to the other party.

21. General

These Terms, together with the CastHub Terms and Conditions and the CastHub Privacy Policy, constitute the entire and exclusive agreement between you and CastHub with respect to CastHub at Home, and supersede and replace any other agreements, terms and conditions applicable to it, including the Digital Frame TV terms and conditions. These Terms create no third-party beneficiary rights. CastHub’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt is void, but CastHub may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. CastHub and you are not legal partners or agents; our relationship is that of independent contractors.

22. Electronic communications

When you communicate with CastHub through the Services or by email, you are communicating with CastHub electronically. You agree that CastHub, on behalf of itself and others who may be involved with delivering the Services, may communicate with you electronically by email and/or by posting communications in the app or on cast-hub.com, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by CastHub. Notices and communications to CastHub must be sent to support@cast-hub.com or to the address given in section 19.

23. Notice for California users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: the headquarters of CastHub, Inc. is located in Texas at 1606 Headway Circle, Ste 19049, Austin, TX 78754, phone (512) 601-5911. The charges for the Services are specified at cast-hub.com/family/pricing/ and at checkout. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact CastHub by writing to the address above, by email at support@cast-hub.com, or by calling (512) 601-5911. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Changes to these Terms

CastHub may update these Terms by posting the updated Terms on this page. The Owner is told by email before a change that affects the family’s rights or charges takes effect. Continued use of the Services after a change takes effect is acceptance of the change.

Last updated: October 4, 2026. Effective as of: October 4, 2026.