Terms of Service

Last updated: May 31, 2026

These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," or "User") and CastPact LLC, an Idaho limited liability company ("CastPact," "we," "us," or "our"), governing your access to and use of the CastPact website, applications, and services (collectively, the "Platform").

PLEASE READ THESE TERMS CAREFULLY. SECTION 22 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTIONS 16, 17, AND 18 LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES.

1. Acceptance of Terms

By accessing or using the Platform, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms and by all policies and documents incorporated herein by reference, including our Privacy Policy, Campaign Agreement, Creator Payout Terms, Refund Policy, our Acceptable Use Policy, and (for Publishers participating in Performance Campaigns) the Publisher Seller-of-Record Agreement. You acknowledge that these Terms contain a binding arbitration agreement and a class-action and jury-trial waiver in Section 22, which is presented to you conspicuously at the time you accept. If you do not agree, you must not access or use the Platform. If you are using the Platform on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity. We record the date, time, version, account identity, and IP address associated with your acceptance.

2. Eligibility

You must be at least 18 years old, have the legal capacity to enter into a binding contract, and be a legal resident of the United States to use the Platform. By creating an account, you represent and warrant that you meet these requirements, that all information you provide is accurate and complete, and that you are not barred from using the Platform under the laws of the United States or any applicable jurisdiction. The Platform is offered only to United States residents. The Platform is not available to any person previously suspended or removed by CastPact, or to any person on a U.S. government restricted-party or sanctions list.

3. Account Types and Responsibility

CastPact offers two primary account types: Publisher accounts for game studios and publishers, and Creator accounts for content creators. Each account type has specific rights and obligations outlined in these Terms and the Campaign Agreement. You are responsible for safeguarding your account credentials, for all activity that occurs under your account, and for promptly notifying us of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your credentials.

4. Nature of the Platform; Role of CastPact

CastPact provides a self-serve, two-sided marketplace that connects Publishers and Creators and provides supporting tools including contracting, escrow facilitation, attribution tracking, and payment facilitation. For Performance Campaigns, the Publisher is the seller and merchant of record for game-key sales; CastPact facilitates the payment as the Publisher's payment facilitator, collects a platform fee, and does not take possession or control of the sale proceeds. The buyer's payment is made as a charge on the Publisher's connected payment account, and the sale proceeds settle to the Publisher net of the platform fee and the Creator commission. Except as expressly stated for Sponsored Campaigns (where CastPact facilitates escrow and the release of Creator payments), CastPact is not a party to any agreement between a Publisher and a Creator, is not a partner, employer, or joint venturer of any User, and does not guarantee the performance, conduct, quality, legality, or honesty of any User. CastPact is not an agent of any User, except for the limited appointment of CastPact as the Publisher's agent for the sole purpose of receiving buyer payments for Performance Campaign game-key sales, as set out in the Publisher Seller-of-Record Agreement. You are solely responsible for your interactions, agreements, and dealings with other Users.

5. Publisher Obligations

Publishers agree to: (a) provide accurate and non-misleading campaign information; (b) fund campaigns before activation; (c) review deliverables in a timely manner; (d) hold all rights necessary to license any game keys, assets, and materials they provide; (e) not direct Creators to engage in deceptive, unlawful, or non-FTC-compliant conduct; and (f) not engage in fraudulent, deceptive, or abusive practices. Publishers represent and warrant that their games, keys, assets, and campaign materials, including any external media that Publishers submit by URL and that CastPact rehosts on the Publisher's behalf, do not infringe any third-party copyright, trademark, right of publicity, or privacy right, do not falsely imply any endorsement, and comply with all applicable laws. For Performance Campaigns, the Publisher acts as advertiser and as seller and merchant of record and bears primary responsibility under the Publisher Seller-of-Record Agreement and Section 8 below.

6. Creator Obligations

Creators agree to: (a) provide accurate profile and platform-connection information; (b) complete accepted campaign deliverables by the deadline; (c) include FTC-compliant sponsorship and affiliate disclosures in all content as described in Section 8; (d) maintain content standards consistent with the campaign brief and applicable platform (Twitch/YouTube/TikTok) terms; (e) not misrepresent audience size, engagement, or performance, and not use bots, click fraud, fake accounts, or other artificial means to inflate metrics; and (f) own or have all rights necessary to the content they submit, which must not infringe any third-party copyright, trademark, right of publicity, or privacy right and must not falsely imply any endorsement. Creators are independent contractors and not employees of CastPact or any Publisher, as further described in Section 13A.

7. Prohibited Conduct; Acceptable Use

You agree not to: (a) violate any law, regulation, or third-party right; (b) engage in fraud, click manipulation, attribution fraud, fake engagement, money laundering, or chargeback abuse; (c) reverse engineer, scrape, or attempt to gain unauthorized access to the Platform or its systems; (d) introduce malware or interfere with the Platform's operation or security; (e) resell, redistribute, or misuse game keys; (f) impersonate any person or entity or misrepresent your affiliation; (g) circumvent the Platform to transact off-platform in order to avoid fees; or (h) use the Platform to harass, defame, or harm others. Your use of the Platform is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference.

You further agree not to create, post, submit, or solicit any fake, deceptive, or undisclosed review or testimonial, including reviews that misrepresent the reviewer's experience or identity, AI-generated reviews presented as genuine, reviews that suppress or hijack the ratings of an unrelated product, reviews given in exchange for a particular sentiment (positive or negative), and reviews by company insiders or persons with a material connection that is not disclosed. This applies to reviews and testimonials on the Platform and on storefront game pages. The FTC may impose civil penalties for prohibited reviews and testimonials.

8. FTC Disclosure and Advertising Compliance

All Creators must comply with Federal Trade Commission guidelines regarding the disclosure of material connections in all content created through the Platform, including both Sponsored Campaigns (paid deliverables) and Performance Campaigns (affiliate and commission-based promotions). A free or discounted game key is itself a material connection that must be disclosed. Failure to include a proper disclosure may result in content dispute, payment withholding, commission clawback, formal warning, and account suspension.

Disclosures must be clear, conspicuous, and difficult to miss. They must appear in the same medium as the claim they qualify (a visual disclosure for visual content and an audible disclosure for audible content), must appear early and not be buried in a description, behind a "more" link, or among hashtags, and must be repeated periodically during live streams so that viewers who join at any time can see them. A platform's native "paid promotion," "includes paid promotion," or "branded content" toggle, or an "#ad" placed only in a title or description, is not by itself sufficient for video or live content. For Sponsored Campaigns, Creators must include a clear and conspicuous disclosure such as "#ad" or "Sponsored" that is presented as described above. For Performance Campaigns, Creators must disclose the affiliate or commission relationship (for example, "I earn a commission on sales through this link") in all content where a tracking or affiliate link is shared.

The Publisher, as advertiser and, for Performance Campaigns, as seller and merchant of record, bears primary responsibility under FTC Act Section 5 for the advertising claims made about its games and may not direct, approve, or instruct deceptive content and then disclaim responsibility for it. Disclosure mechanics required by Twitch, YouTube, or TikTok are private platform policies that supplement, and do not replace, these legal requirements and may change at any time.

9. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless CastPact LLC and its members, managers, officers, directors, employees, contractors, and agents (the "CastPact Parties") from and against any and all claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your content, campaigns, or deliverables; (c) your violation of these Terms or any applicable law or third-party right; and (d) your interactions or agreements with other Users.

Without limiting the foregoing, Creator is solely responsible for FTC disclosure compliance in all content produced in connection with campaigns and specifically agrees to indemnify the CastPact Parties against any claims arising from Creator's failure to comply with FTC disclosure requirements or applicable advertising laws, or from Creator content that infringes a third-party copyright, trademark, right of publicity, or privacy right or that falsely implies an endorsement. Publisher agrees to indemnify the CastPact Parties against claims arising from campaign content that Publisher directed, approved, or instructed Creator to produce in a manner that violates applicable advertising laws, and from any infringement, false endorsement, right-of-publicity violation, or unlawfulness in Publisher-provided games, keys, assets, or materials, including external media that Publisher submitted by URL and that CastPact rehosted on Publisher's behalf. These indemnification obligations survive termination of your account. This indemnity does not require you to indemnify the CastPact Parties for liability arising from the CastPact Parties' own gross negligence, willful misconduct, or fraud. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

10. Payments and Fees

For Sponsored Campaigns, CastPact charges Publishers a platform fee (currently 12%, subject to per-publisher overrides and change) on top of the campaign budget, and Creators receive their agreed payment in full upon deliverable approval. For Performance Campaigns (game-key sales), CastPact does not charge a fee on top of the budget; instead the platform fee is an application fee deducted from each Publisher sale at the time of the sale, and the Creator commission is paid as a per-sale transfer on the Publisher's connected account. Payments are processed via Stripe Connect. All fees are non-refundable except as expressly stated or required by law.

You are responsible for all taxes associated with your use of the Platform other than taxes based on CastPact's net income. For Performance Campaigns, the Publisher is the seller and merchant of record and is responsible for determining the taxability of, and for collecting and remitting, any sales or use tax on game-key sales, except in any jurisdiction where a marketplace-facilitator law assigns that collection obligation to CastPact. CastPact does not provide tax calculation, collection, or filing services for Publisher sales except as required by such a law. For full details on payment timing, minimum thresholds, set-off, and tax obligations, see the Creator Payout Terms, and for Performance Campaign mechanics, the Publisher Seller-of-Record Agreement.

11. Escrow and Payment Release

Campaign funds are held in escrow until deliverables are approved. Payment is released per-deliverable, not in batch. Publishers must review submitted deliverables within 14 days or payment may be auto-released. CastPact may set off against any amounts owed to you any amounts you owe to CastPact or that are subject to reversal, clawback, chargeback, or fraud investigation.

For Performance Campaigns (affiliate/commission model), the Creator commission is paid as a per-sale transfer on the Publisher's connected account rather than as a release of escrowed CastPact funds. If a buyer obtains a refund or initiates a chargeback on a game-key sale, the refund or chargeback debits the Publisher's account and the related Creator commission transfer is reversed. CastPact also reserves the right to withhold, reverse, or claw back commission amounts if the Creator is found to have violated FTC disclosure requirements or engaged in fraudulent or artificial activity in connection with the campaign. Clawback may apply to commissions earned during the period of non-compliance.

12. Disputes Between Users

If a Publisher disputes a deliverable, CastPact administration may review and adjudicate the dispute as a courtesy mediation. CastPact's determination regarding release of escrowed campaign funds is final as between the Platform and the Users with respect to those funds. This internal process is separate from, and does not limit, the binding arbitration provisions in Section 22 governing disputes between you and CastPact. Disputed funds may be held until resolution.

13. Intellectual Property

User content. Creators retain ownership of their original content. By submitting deliverables, Creators grant the applicable Publisher a non-exclusive license to use the content for promotional purposes related to the campaign, as further described in the Campaign Agreement.

Platform IP. The Platform, including all software, text, graphics, logos, trademarks, and the "CastPact" name and marks, is owned by or licensed to CastPact LLC and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform solely as permitted by these Terms. No other rights are granted.

Feedback. If you provide suggestions, ideas, or feedback about the Platform, you grant CastPact a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose without obligation to you.

13A. Independent-Contractor and No-Joint-Employment Status

Each Creator and each Publisher is an independent business. A Creator controls the manner, means, schedule, equipment, and audience used to create content, may work for other clients, and operates an independently established business. CastPact does not engage Creators to perform CastPact's own services, does not set Creator pay or hours, does not hire, fire, or supervise Creators, and is not a joint employer with any Publisher. Brief approval, attribution tracking, and dispute mediation are marketplace administration functions, not the supervision or direction of work. Each party is responsible for its own taxes, expenses, insurance, and benefits.

[ATTORNEY PLACEHOLDER -- worker-classification recital. This recital describes the parties' intended relationship but does not by itself determine employment status, which is fact-specific and governed by tests that vary by jurisdiction (for example, the federal economic-reality test, the California ABC test, and the Borello multifactor test). Qualified employment counsel must confirm the operative test and its fit before this language is relied upon.]

14. Account Suspension and Termination

We may suspend, restrict, or terminate your account or access to the Platform at any time, with or without notice, for any reason, including if we believe you have violated these Terms, engaged in fraud or abuse, created risk or legal exposure for CastPact, or for prolonged inactivity. You may terminate your account at any time as described in our Privacy Policy. Upon termination, your license to use the Platform ends immediately. Sections that by their nature should survive termination (including Sections 9, 13, 13A, 15, 16, 17, 18, 19, 22, and 23) survive.

15. Game Keys; License Nature and Buyer Sales

The Platform involves two distinct kinds of game keys. Creator campaign keys are provided to Creators for the sole purpose of creating campaign content. They are licensed credentials, are non-transferable and content-creation-only, and resale, redistribution, or unauthorized use is prohibited and may result in clawback, suspension, and liability for resulting damages.

Buyer keys are game keys sold to end consumers through a Performance Campaign storefront. A game key is a licensed credential governed by the publisher's or store's end-user license agreement (EULA). It is not a transferable physical "copy" subject to first-sale resale rights. For buyer sales, the Publisher is the seller and merchant of record, the game EULA is an agreement between the buyer and the Publisher or store, and CastPact is not a party to that EULA. Buyer key purchases are governed by our Refund Policy, which is incorporated by reference. Keys are delivered through an email-gated link with an acknowledgment that the purchase is final after the key is revealed.

15A. Digital Goods; No Cooling-Off; One-Time Purchase; United States Only

Game-key sales are one-time purchases. There is no recurring charge, auto-renewal, free-trial conversion, or other negative-option feature. Game-key sales are final as described in the Refund Policy. Online purchases of digital goods are not subject to the federal three-day cooling-off rule, which applies to certain in-person and off-premises sales. The Platform and its game-key sales are offered only to United States residents, and consumer-withdrawal regimes of the European Union, European Economic Area, or United Kingdom do not apply.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CASTPACT PARTIES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CASTPACT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CAMPAIGN, CONTENT, OR INTERACTION WILL ACHIEVE ANY PARTICULAR RESULT, REACH, CONVERSION, OR REVENUE.

CastPact makes no representation or warranty regarding the conduct, identity, qualifications, or content of any User. Some jurisdictions do not allow the exclusion of certain warranties; in such cases the exclusions apply to the maximum extent permitted by law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CASTPACT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF CASTPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CASTPACT PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CASTPACT (OR, FOR CREATORS, NET PLATFORM-FACILITATED PAYMENTS RECEIVED) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, gross negligence, or non-waivable personal injury. The limitations in this Section apply to the maximum extent permitted by law and reflect an allocation of risk between the parties. Some jurisdictions do not allow certain limitations; in such cases the limitations apply to the fullest extent permitted.

18. Limitation on Liability for User Disputes and Third Parties

CastPact is not liable for: (a) the quality, legality, or accuracy of content produced by Creators; (b) the accuracy of campaign information or materials provided by Publishers; (c) any dispute, transaction, or interaction between Publishers and Creators or between Users and game buyers beyond the Platform's mediation process; or (d) the acts or omissions of third-party service providers (including Stripe, hosting providers, and connected platforms). You release the CastPact Parties from claims, demands, and damages arising out of disputes with other Users or third parties, to the fullest extent permitted by law.

19. Creator Campaign Attribution Data

By creating a Creator account and participating in campaigns on CastPact, you acknowledge and consent to the following: CastPact may include your publicly identifiable campaign performance data, such as the number of sales, conversions, or clicks attributable to your named creator profile for a specific game or campaign, in aggregated marketplace reports that CastPact shares with or licenses to third parties, including game publishers, industry analysts, and market research firms.

This data is limited to metrics arising directly from your campaign activity on the Platform. It does not include your personal contact information, payment details, account credentials, or any other personal data beyond your public creator name and campaign performance metrics.

Where this disclosure is treated as a "sale" or "sharing" of personal information under applicable U.S. state privacy law, you have a statutory right to opt out that cannot be waived by these Terms. You may opt out of the inclusion of your named performance data in third-party marketplace reports at any time by visiting Settings > Privacy > Marketplace Data, by using the Do Not Sell or Share My Personal Information page, by emailing privacy@castpact.com, or by transmitting a recognized opt-out preference signal such as Global Privacy Control. Opting out will take effect within the time required by applicable law and will not affect your ability to participate in campaigns, receive payments, or use any Platform feature. Opting out does not affect the use of your data in fully aggregated, de-identified form that does not identify you by name.

For full details on how we handle marketplace data and your related privacy rights, see our Do Not Sell or Share My Personal Information page.

20. Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference.

20A. Copyright, DMCA, and Content Removal

CastPact respects intellectual property rights and responds to notices of alleged copyright infringement. To submit a notice under the Digital Millennium Copyright Act (DMCA), send a written notice that includes the elements required by 17 U.S.C. 512(c)(3) to our designated agent at copyright@castpact.com or to CastPact LLC, Attn: DMCA Agent, 784 Clearwater Loop, #4458, Post Falls, ID 83854, USA. If your content was removed in response to a notice, you may submit a counter-notice under 17 U.S.C. 512(g). Knowingly making a material misrepresentation in a notice or counter-notice may result in liability under 17 U.S.C. 512(f). We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of repeat infringers.

We reserve the right, but assume no obligation, to review, screen, edit, restrict, or remove any content and to moderate the Platform in good faith. To report non-consensual intimate imagery or a deepfake of an identifiable person, use the contacts above or our Acceptable Use Policy reporting process. The detailed copyright and content-removal procedures are described in our copyright and DMCA policy.

21. Electronic Communications and Notices

You consent to receive communications from us electronically, including by email and through the Platform, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. If we send commercial marketing email, those messages will identify the sender, provide a valid physical postal address, and include a working unsubscribe mechanism, and we will honor opt-out requests as required by law; you may unsubscribe from marketing email without affecting transactional or account-related communications. Legal notices to CastPact must be sent to legal@castpact.com and, where a physical address is required, to CastPact LLC, Attn: Legal, 784 Clearwater Loop, #4458, Post Falls, ID 83854, USA. Notices to you may be sent to the email address associated with your account and are deemed received when sent.

22. Binding Arbitration; Class-Action and Jury-Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Precedence. This Section 22 governs the resolution of all disputes between you and CastPact and controls over any conflicting dispute-resolution provision in any document incorporated by reference into these Terms.

Informal resolution. Before initiating arbitration, you agree to first contact us at legal@castpact.com and provide a written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the dispute informally for at least 30 days. Any applicable limitations period and arbitration filing deadlines are tolled while the parties engage in informal resolution or in any batching process described below.

Delegation. You and CastPact agree that the arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable, except that a court may decide whether the class-action and jury-trial waiver below is enforceable.

Agreement to arbitrate. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved informally will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules where applicable), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in Ada County, Idaho, or remotely by videoconference, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND CASTPACT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, EXCEPT AS PROVIDED IN THE MASS-ARBITRATION PROTOCOL BELOW. YOU AND CASTPACT WAIVE ANY RIGHT TO A TRIAL BY JURY.

Mass-arbitration protocol. If 25 or more similar demands for arbitration are filed against CastPact by or with the assistance of the same or coordinated counsel, the parties agree that the AAA Mass Arbitration Supplementary Rules will apply and that the demands may be administered in batches as those rules provide. [ATTORNEY PLACEHOLDER -- mass-arbitration batching and bellwether parameters (batch size, bellwether selection, sequencing, and fee allocation) and the associated limitations tolling must be set and confirmed for enforceability by qualified counsel under the Federal Arbitration Act, the AAA Mass Arbitration Supplementary Rules, and applicable unconscionability law.]

Sexual-assault and sexual-harassment carve-out. Notwithstanding anything to the contrary, if your dispute is a claim of sexual assault or sexual harassment within the meaning of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. 401-402), this arbitration agreement and the class-action waiver do not apply to that claim unless you elect arbitration after the dispute arises.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Opt-out: You may opt out of this arbitration agreement by emailing legal@castpact.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out is free, does not require any other action, and will not affect your access to or use of the Platform; we will confirm receipt of a valid opt-out. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the remainder of this Section will remain in effect.

23. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of Idaho, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act and other applicable U.S. federal law. To the extent any dispute is not subject to arbitration under Section 22, you and CastPact consent to the exclusive jurisdiction and venue of the state and federal courts located in Ada County, Idaho, and waive any objection to inconvenient forum. Section 22 controls over any conflicting dispute-resolution term in any incorporated document.

24. Limitation Period

To the fullest extent permitted by law, and except where a shorter period is prohibited by applicable law, any claim arising out of or related to these Terms or the Platform must be filed within one (1) year after the claim accrued; otherwise, the claim is permanently barred. This period is tolled during informal resolution and any mass-arbitration batching process described in Section 22.

25. Force Majeure

CastPact is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, third-party service outages (including payment processors and hosting providers), pandemics, or cyberattacks.

26. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties' permitted successors and assigns.

27. Severability; Waiver; No Third-Party Beneficiaries

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. Except for the CastPact Parties (who are intended beneficiaries of the disclaimer, limitation, indemnification, and release provisions), there are no third-party beneficiaries to these Terms.

28. Export Controls and Sanctions

You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo or sanctions, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable export-control and sanctions laws in connection with your use of the Platform.

29. Entire Agreement; Order of Precedence

These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and CastPact regarding the Platform and supersede all prior agreements and understandings. In the event of a conflict between these Terms and the Campaign Agreement, Creator Payout Terms, Refund Policy, Acceptable Use Policy, or Publisher Seller-of-Record Agreement with respect to a specific subject, the more specific document controls for that subject, except that Section 22 (Binding Arbitration) controls over any conflicting dispute-resolution provision in any incorporated document. Section headings are for convenience only and do not affect interpretation.

30. Modifications

CastPact may modify these Terms at any time. We will post the updated Terms with a revised "Last updated" date and, for material changes, provide notice via email or the Platform. Changes are effective when posted (or on the stated effective date). Your continued use of the Platform after changes become effective constitutes acceptance.

31. Contact

For questions about these Terms, contact legal@castpact.com. For copyright notices, contact copyright@castpact.com. CastPact LLC is an Idaho limited liability company located at 784 Clearwater Loop, #4458, Post Falls, ID 83854, USA.