Terms of Use

1. Agreement

These Terms of Use ("Terms") govern your use of the Cactus iPhone application, website, and supporting AI service (collectively, "Cactus"). By downloading or using Cactus, you agree to these Terms. If you do not agree, do not use Cactus.

The Apple Standard Licensed Application End User License Agreement also applies to the App and is incorporated by reference. These Terms supplement that agreement and do not replace rights that cannot be waived under applicable law.

2. What Cactus provides

Cactus is a voice-first personal memory and task assistant that can:

• Transcribe speech and provide conversational AI responses.
• Save and retrieve memories, notes, categories, and tasks on your iPhone.
• Suggest a related preparation task when it appears genuinely useful.
• Read upcoming Apple Calendar events you explicitly choose to import as local Cactus task copies.

Cactus has no developer-controlled user account. Online AI features require internet access and may change or be unavailable from time to time.

3. Eligibility

You must be at least 13 to use Cactus. If you are under the age of legal majority where you live, you may use Cactus only with permission from a parent or legal guardian who agrees to these Terms.

4. Your device, data, and permissions

• Your saved Cactus archive is maintained locally. You are responsible for your device security and for exporting any backup you want to keep.
• Deleting Cactus may permanently remove local data that you have not exported.
• You control microphone and calendar permissions through iOS. Features that need a permission will not work if it is denied or revoked.
• Imported Calendar events are local copies. Editing or deleting the copy in Cactus does not change the source event in Apple Calendar.
• You are responsible for reviewing task dates, reminders, imported events, and AI-generated suggestions before relying on them.

5. Subscription and free trial

• Apple determines trial eligibility. A free trial may not be available to every user.
• Payment is charged to your Apple Account after purchase confirmation and, for an eligible trial, when the trial ends.
• The exact price and currency shown in the App and Apple purchase sheet control. Taxes may apply.
• The subscription renews automatically unless you cancel at least 24 hours before the end of the current period.
• You can manage or cancel the subscription in your Apple Account subscription settings and restore eligible purchases from Cactus.
• Apple handles billing and refund requests under its policies and applicable law. Canceling stops future renewals but normally does not retroactively refund the current period.
• If Apple requires consent to a price increase, renewal at the increased price is subject to Apple's notice and consent process.

6. AI processing and limitations

• Cactus uses OpenAI services through a Cactus backend to transcribe audio, understand requests, extract tasks or memories, and generate responses.
• AI output may be inaccurate, incomplete, delayed, or inappropriate. Cactus may misunderstand names, dates, times, locations, or instructions.
• Cactus is a productivity tool, not a medical, legal, financial, emergency, or professional-advice service.
• Do not rely on Cactus for emergencies, safety-critical reminders, or decisions where an error could cause harm. Verify important information independently.

7. Your content

You retain ownership of content you provide. You give us a limited, worldwide license to transmit, process, reproduce, and format that content only as necessary to operate, secure, and support Cactus. This license ends when the relevant processing and legally required retention end.

You represent that you have the rights and permissions needed to provide the content, including information about other people. Do not submit highly sensitive information that is unnecessary for your request.

8. Acceptable use

You may not use Cactus to:

• Break the law, violate another person's rights, harass others, or facilitate fraud or harm.
• Upload malicious code, disrupt the service, bypass rate limits, probe security, or gain unauthorized access.
• Reverse engineer or copy Cactus except where applicable law expressly permits it.
• Use automated means to overload or resell access to the Cactus AI service.
• Use Cactus in a way that violates applicable Apple, OpenAI, network-provider, or other third-party terms.

9. Privacy and third-party services

Our Privacy Policy explains how information is handled. Cactus relies on Apple, OpenAI, and Vercel services. Their services and terms may change, and we are not responsible for third-party services outside our control.

10. Ownership

Cactus, including its software, design, branding, and original content, is owned by the Cactus developer and protected by applicable intellectual-property laws. These Terms give you a limited, personal, non-exclusive, non-transferable right to use Cactus in accordance with the Apple Standard EULA; they do not transfer ownership to you.

11. Suspension and termination

• You may stop using Cactus, delete your local archive, delete the App, or cancel your subscription at any time.
• We may restrict online AI access for abuse, security risk, legal requirements, or material violation of these Terms.
• We may modify or discontinue features. If a paid service is discontinued, your rights and remedies remain subject to Apple's policies and applicable law.

12. Disclaimers

13. Limitation of liability

To the maximum extent permitted by law, the Cactus developer will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, opportunities, or goodwill arising from Cactus. Where liability cannot be excluded, total liability will not exceed the greater of the amount you paid for Cactus during the 12 months before the event giving rise to the claim or US $50. These limitations do not apply where prohibited by law or to liability that cannot legally be limited.

14. Apple

These Terms are between you and the Cactus developer, not Apple. Apple is not responsible for Cactus or for providing maintenance or support. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. The additional Apple-related license, warranty, product-claim, legal-compliance, and third-party-beneficiary provisions in the Apple Standard EULA apply.

15. Changes and general terms

We may update these Terms to reflect changes to Cactus, providers, or law. We will post revised Terms with a new effective date and provide additional notice when required. If you do not agree to revised Terms, stop using Cactus.

If any provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, and the Apple Standard EULA are the complete applicable agreement concerning Cactus, subject to mandatory consumer protections and conflict-of-law rules where you live.