Castiron, Inc.
Terms and Conditions
Effective Date: August 10, 2022
Last Updated: August 10, 2022
Welcome to Castiron!
Castiron (“we,” “us,” “our”) helps cooks, bakers, chefs, food artisans, and entrepreneurs (“Artisans”) quickly and easily start, run, and grow their food business and facilitate listing, promoting, marketing, selling, and providing food products (“Products”) to their customers (“Customers”). Castiron includes Castiron, Inc. and any entity that Castiron, Inc. directly or indirectly controls.(“Affiliates”).
Castiron’s “Services” as described above are offered via several platforms, including Castiron’s website (https://www.castiron.me) (the “Website”), where Artisans and Customers engage in e-commerce, and our very own Castiron Kitchen (https://kitchen.castiron.me/home), where our community of Artisans make connections, discuss business, and share experiences. Services includes all services offered or provided by Castiron to You regardless of platform or medium and includes any content, functionality, and services offered on or through the Website or other platform or medium whether existing now or later created. As a user of the Website, You may be both a Artisan and a Customer.
Before you begin your journey with us, please take a moment to read our Terms and Conditions (the “Terms”) below, which form a binding contract between You and Castiron and govern your use of Castiron’s Services.
PLEASE READ ALL TERMS CAREFULLY BEFORE YOU ACCESS THE WEBSITE OR USE THE SERVICES. BY CREATING A COOK ACCOUNT, PURCHASING A PRODUCT FROM A COOK AS A CUSTOMER, SIGNING UP AS AN ARTISAN, PARTICIPATING IN ANY CASTIRON PROGRAMS, OR OTHERWISE ACCESSING THE WEBSITE OR USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH HEREIN AND IN OUR PRIVACY POLICY, FOUND AT https://www.castiron.me/privacy (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT OR OF THE PRIVACY POLICY, YOU MUST NOT ACCESS THIS WEBSITE OR USE THE SERVICES.
Terms and Conditions
Accessing Our Services
We offer our Services to Artisans and Customers who are 16 years of age or older. By using the Services, you represent and warrant that you are of legal age and capacity to form a binding contract with Castiron and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access the Website or use the Services.
To access the Services, we may ask You to provide registration information. You agree that any registration information You provide is accurate and complete, and You agree that registration information is governed by our Privacy Policy.
When You register, You may be given the opportunity to link third-party accounts (e.g., Google, Facebook, or Twitter) or otherwise provide Castiron with certain information, such as Your name, address, email, or phone number (“Personal Information”). We may also provide You with a username, password, or other account credentials. Although we protect Your Personal Information and account credentials in accordance with our Privacy Policy, it is Your responsibility to help protect Your information, and you should never share your Personal Information or account credentials with other people.
You are responsible for maintaining the confidentiality of your account credentials, if any, and are solely and fully responsible for any and all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any account at any time in our sole discretion, including if, in our opinion, we believe an account has been compromised; an account is at risk of third-party fraud; and/or You have violated any provision of the Terms.
Using Our Services
We are here to offer Artisans and Customers a user-friendly marketplace, but we are not a party to any sale and/or purchase of Products between our Artisans and Customers (each or collectively referred to as a “Transaction”). Although we may help resolve disputes between Artisans and Customers, we have no control over the quality, safety, authenticity, or legality of Products sold on the Service. Artisans and Customers are solely responsible for complying with all applicable laws, rules, regulations, and standards, and Artisans are solely liable for the quality and safety of Products.
We reserve the right to withdraw or amend the Services, and the Website or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Although we expect You to use our Services in a way that best suits Your goals and expectations, we reserve the right to manage Your account in some circumstances. For example, if you cancel Your account or Your account is terminated, we have an obligation to ensure that Your Personal Information is deleted from all Castiron systems. As discussed above, we may also exercise control over Your account in response to account compromise, fraudulent activity, or violation(s) of these Terms.
Finally, by using our Services you agree that we may share your Personal Information with third parties in limited circumstances and in accordance with our Privacy Policy. We may need to share your Personal Information with our service providers and other vendors in order to verify your identity, comply with legal obligations, or otherwise provide the Services to You, or as otherwise detailed in our Privacy Policy.
You acknowledge that we may establish other general practices and limits concerning Your use of the Services, and you agree that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Interacting with Our Services
1. User Contributions – How YOU Interact with US
The Services may contain interactive features and capabilities (the “Interactive Services”) that allow Artisans and Customers to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “submit”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out below.
You own or control all rights in and to the User Contributions. By providing any User Contribution on the Services, You grant us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings, including as part of our marketing and promotional materials for our Services.
We encourage our Artisans and Customers to engage with each other and with the Services. However, You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Castiron, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Services.
2. Links to Third Parties – How YOU Interact with OTHERS
a. Linking on our Services (and Social Media Features)
The Services may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on the Services. Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Agreement we provide with respect to such features.
b. Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Furthermore, the inclusion of these hyperlinks is not intended to reflect their importance or to endorse the content therein. The inclusion of these links is also not intended to endorse the views expressed, or the products or services offered, on the websites. Please note that the privacy policies and terms on these websites may differ from Castiron’s Privacy Policy and Terms. You should review the privacy policies and terms of any third-party sites and resources. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third-parties.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
c. Third-Party Apps and Services
Our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share User Contributions, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you.
You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your Castiron account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third-parties. Castiron is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.Monitoring Interactions with Our ServicesOur standards are simple: our Artisans and Customers must interact with our Services in a respectful, inclusive, and appropriate manner.
1. Content Standards
User Contributions must not:
- Contain offensive, defamatory, violent, or otherwise objectionable material, as determined by Castiron’s sole discretion;
- Promote sexually explicit, pornographic, violent, or discriminatory material;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the law or promote illegal activity;
- Annoy, inconvenience, or embarrass any other person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization; or
- Involve deceptive, unfair, or fraudulent commercial activities.
The Services allow you to send certain communications to your customers, including via email, or short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “Messaging Services”). You will only use the Messaging Services in compliance with this Agreement, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
2. Prohibited Uses
You further agree not to use the Services:
- In a way that violates any applicable laws;
- For the purpose of exploiting or harming (or attempting to exploit or harm) minors;
- To transmit any advertising or promotional material (e.g., junk mail, chain letters, spam, etc.) without prior written consent;
- To use the Services in a way that could disable, damage, or impair the Website or interfere with any other party’s use of the Services;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent; or
- Use any device, software, or routine that interferes with the proper working of the Services.
3. Monitoring and Enforcing User Conduct
We want our Artisans and Customers to engage freely with the Services on our Website. However, we strive to ensure that You have a positive experience with us. To ensure that our Artisans and Customers comply with the Content Standards and Prohibited Uses, we may:
- Remove or refuse to submit any User Contributions for any reason in our sole discretion;
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms;
- Disclose Your identity when required by law to enforce the rights of others;
- Take appropriate legal action; or
- Terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of the Terms.
We do not review material before it is submitted on the Services and cannot ensure prompt removal of objectionable material after it has been submitted. Accordingly, 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.
YOU WAIVE AND RELEASE CASTIRON 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.
Additional Disclaimers for Artisans and Customers
We want our Artisans and Customers to share in healthy, safe, legal and trustworthy commerce while using our Services. Therefore, while we do not require any of the specifications below, we recommend our Artisans and Customers read this section carefully.
1. Ingredients and Allergens
For any Product posted using the Service, an Artisan may provide a comprehensive list of ingredients contained in or otherwise used to prepare the Product, including any known allergens. We are not responsible for the accuracy of the information and labeling of Products delivered to Customer. Customers should be advised that Products may be prepared in facilities using the same equipment that is used to prepare Products containing other allergens even if the allergen is marked as being absent from the food. We shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Products and related items purchased through the Services.
2. Insurance
We do not maintain insurance for liabilities that may arise from your use of the Service as either a Artisan or Customer. If you are an Artisan, we recommend that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of Products. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third party service.
3. E-commerce Risks
We are not affiliated with or endorsed by any Artisan, service made available through the Service. Beyond its capacity as an e-commerce platform, we are not involved in any Transaction between Artisans and Customers, and we do not act as a Artisan or Customer with respect to any Transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Castiron. We encourage you to use the various functionalities of the Service (e.g., Artisan profiles, Products, and user reviews) to help evaluate the Artisan with whom you are dealing.
4. Rules and Regulations
We do not certify that Artisans are licensed or that they are following applicable federal, state or local rules or regulations pertaining to food preparation and sales. If you are an Artisan, we recommend that you thoroughly research and follow all applicable rules, regulations and guidelines. As a Customer, there are risks that you assume when ordering food from an Artisan and and all of these risks are borne by you, and not Castiron.
Paying for Our Services; Returns and Refunds
1. Processing Payments with Stripe
We use our trusted business partner, Stripe, Inc., to collect payments from our Customers and facilitate payments to Artisans from their Customers.
Some payment processing services made available through the Platform to certain Users are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreement”). By agreeing to these Terms, you also agree, to the extent applicable, to be bound by the Stripe Services Agreement (which may be modified from time to time by Stripe). As a condition of Castiron enabling payment processing services through Stripe, you agree to provide only true, accurate, current and complete information about yourself and to update such information as necessary to maintain its truth and accuracy. You also authorize Castiron to share such information and other Transaction information related to your use of the payment processing services provided by Stripe.
Terms of payment are within our sole discretion and, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
2. Fees, Subscriptions, and Balance Redemption Fees
Castiron does not charge a listing fee or sell advertising to generate revenue. Instead, we offer a variety of plans (“Castiron Plans”) designed to align with your business stage and growth.
For the most up-to-date pricing and charges, please visit our Pricing Page at: http://www.castiron.me/pricing.
We get paid in the following ways:
Castiron will assess and collect a per Transaction fee (the “Castiron Fee”) as stated on our Pricing Page and updated from time-to-time, multiplied by the sum of the retail prices of the Products sold plus applicable shipping and handling fees. Note that a Credit Card and Payment Processing Fee will be charged at 2.9% plus $.30 per Transaction and added to the Castiron Fees. Castiron may also charge a Castiron Customer Referral Fee (as defined below), for certain Transactions, as set forth in the Pricing Page or
A “Castiron Customer Referral Fee” will be an additional Fee assessed and collected on Transactions created by Customers referred to Artisan by Castiron marketing, marketplace or other demand generation offers, as updated from time to time.
Subscriptions
a. For Artisans: Software-as-a-Service (SaaS) Subscriptions
As part of the subscription services, we may offer Artisans tiered subscription levels that include different Service offerings and require varying Fees. If you purchase Services on a recurring or subscription basis, you hereby authorize Castiron to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Castiron know within fourteen (14) days after the date that Castiron charges you.
b. For Other Users: Product Subscriptions
By registering or submitting information to access the Services and receive certain Products, You may also subscribe to certain Products available on the Website. By signing up for subscription services as a Customer, You authorize Castiron (either directly or through its Affiliates) to request and collect payment and fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Castiron or its Affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
Castiron will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Castiron will continue to charge the Authorized Payment Method for applicable fees until the Services are terminated, and any and all outstanding fees have been paid in full. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Taxes; Shipping Costs; Conversion
Products purchased by and delivered to Customers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar Transaction-based taxes required in the food services industry of a particular location (“Taxes”). The amount of Taxes is based on several factors, including but not limited to a Customer's designated delivery address, and/or the location of the Artisan. Artisans are responsible for setting the appropriate Sales Tax rates for Products they sell.
For example, You may be subject to the following specific taxes:
Direct Taxation. It is Your personal responsibility to disclose Your earnings to Your relevant tax authority and You must ensure that you are paying the correct amount of tax. This is particularly relevant for Artisans who are operating as a business.
Value Added Tax. If You are a seller of physical goods and have buyers outside of the United States you may be required to charge VAT on the sales you make. If You are not sure if this applies to you please contact Your tax advisor or Your local tax office. If you are required to charge VAT on your sales then you are responsible for paying the VAT to the relevant tax authorities in accordance with the appropriate laws and regulations of that territory.
Customers are responsible for paying to a Artisan the applicable purchase price for a purchased Product, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any Products through the Service. Delivery costs and Taxes attributable to the sale of any Products are not included in the listed price for any Products listed by Artisans through the Service but will be displayed to Customers before confirmation of any purchase.
Artisans are responsible for setting the appropriate Sales Tax rates for Products they sell. Castiron will calculate and render a converted exchange rate in United States Dollar (USD), regardless of whether you listed the Retail Price of your Product in a currency other than USD. All Transactions, will settle in USD, and, accordingly, your Balance will be denominated and redeemable only in USD. Castiron cannot and does not guarantee the accuracy of the exchange rates displayed due to the fluctuating nature of market rates. Accordingly, Castiron recommends that you confirm current rates before engaging in any Transactions on the Website.
Miscellaneous Agreements
1. Intellectual Property Rights and Trademarks
The Castiron name and logos are trademarks and service marks of Castiron (collectively the “Castiron Trademarks”). Other Castiron, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be Affiliated with or connected to Castiron. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Castiron Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Castiron Trademarks will inure to our exclusive benefit.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Castiron, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Products that you legally sell on the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Castiron from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Castiron, our Affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Castiron.
2. User Contributions Transmitted Through the Service
With respect to the User Contributions, you represent and warrant that you own all right, title and interest in and to such User Contributions, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Contribution you hereby grant and will grant Castiron and its Affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Contributions in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that we may preserve User Contributions and may also disclose User Contributions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Castiron, its users and the public. You understand that the technical processing and transmission of the Service, including your User Contributions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us an email at help@castiron.me for instructions on sending us a notice of copyright infringement. It is the policy of Castiron to terminate the user accounts of repeat infringers.
4. Reliance on Information
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
5. Data Usage to Manage, Market and Improve Services.
Castiron may access, collect, maintain, analyze, prepare derivatives from and otherwise use information about Products and/or Services provided by Artisans and Customers when using the Services that is not personal information, including, but not limited to, technical, systems, usage, and related information (“Usage Data”) to facilitate the provision of Products and/or Services to Artisans and Customers and for internal research, development, marketing and/or other commercial purposes, and continuous improvement of Castiron’s Services. Castiron will own all discoveries, ideas, improvements, products, services, software, data, intellectual property and other rights arising from and/or related to Castiron’s use, analysis, research and/or development of the Usage Data, and may sell and/or license Usage Data at its discretion. Additional information about how we utilize information is available in our Privacy Policy.
6. Compliance with Law
You understand and agree that Castiron only provides a technology platform connecting you with others interested in your products and/or services. You acknowledge and agree that Castiron has no responsibility or liability for any of your acts or omissions. Castiron will not assess or guarantee the suitability, legality or ability of your products and/or services. You agree that Castiron is not responsible for your food preparation or the safety of your products or services. Castiron does not and will not verify your compliance with applicable laws or regulations.
7. Indemnification
You agree to release, indemnify and hold Castiron and its Affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Contributions, your connection to the Service, your violation of these Terms, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. This agreement to indemnify, hold harmless and defend applies even if the act or omission or event complained of was allegedly caused in whole or in part by the Limited Liability Parties, but it does not apply if due to the intentional acts or gross negligence of the Limited Liability Parties.
8. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, CASTIRON, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, ATTORNEYS, MEMBERS SHAREHOLDERS AND ASSIGNS (collectively the “LIMITED LIABILITY PARTIES”) EXPRESSLY DISCLAIM AND IN NO EVENT WILL 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, THE USER CONTRIBUTIONS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE LIMITED LIABILITY PARTIES (AS DEFINED ABOVE) EXPRESSLY DISCLAIM AND IN NO EVENT WILL BE LIABLE FOR 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, OR LOSS OF DATA RESULTING FROM, RELATING TO OR IN ANY WAY ARISING OUT OF YOUR (A) ACCESS OR INABILITY TO ACCESS THE WEBSITE, (B) THE USER CONTRIBUTIONS OR (C) THE SERVICES, EVEN IF FORESEEABLE.
You agree that the Limited Liability Parties’ liability for any damage resulting from, relating to or in any way arising out of your (a) access or inability to access the website or (b) the Services shall be limited to amounts you have paid (if any) to Castiron for Services over the prior twelve (12) month period from the date of the alleged act, omission or breach.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASTIRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CASTIRON MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. Governing Law and Jurisdiction
All matters relating to the Services and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Waiver and Severability
No waiver by Castiron of any term or condition set out in these Terms 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 Castiron to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 these Terms will continue in full force and effect.
12. Entire Agreement
These Terms, our Privacy Policy, and if applicable, any other incorporated agreements constitute the sole and entire agreement between you and Castiron regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Feedback and Changes to the Terms
We appreciate feedback from our Artisans and Customers regarding the Website or any of our Services. Any feedback comments, requests for technical support, and other communications relating to the Website or Services should be directed to: help@castiron.me.
In order to provide our Artisans and Customers with the best user experience, we may periodically make improvements, enhancements, and other updates to our Services and Website. Although we reserve the right, at our sole discretion, to add, modify, or delete portions and/or functionality of the Services, such changes will not adversely affect, in the aggregate, our Artisans’ or Customers’ ability to use the Services. If we make any material changes to the Services that impacts our relationship with Artisans and Customers, we will notify you. We may, however, modify or replace any part of the Terms. The Terms, as modified or replaced, will be effective immediately upon being made available on the Website. If you have questions about any recent changes, please contact us using the email address above.
Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
Castiron, Inc.
Cancellations, Returns, and Refunds
Our Policy
Our focus is complete customer satisfaction. However, we also encourage our Artisans and Customers to engage freely with each other and with as little interference from us as possible.
In the event Customers are displeased with the Services or a particular Product, Artisans will be responsible for any refunds to Customers. If a Customer believes that an Artisan has violated the Castiron Terms and Conditions regarding any sale of a product or a refund, please contact us at help@castiron.me.
Subscription Cancellation
To cancel your subscription with Castiron, please contact us at help@castiron.me.
Please note that Castiron does NOT offer refunds for subscriptions purchased by Artisans from Castiron.
Additional Terms
These terms apply to the purchase of any Products made available by Artisans on Castiron’s Website or in the Castiron Kitchen. By placing an order for Products, you accept and agree to these additional terms.
Customer Responsibilities
It is the Customer’s sole responsibility to appropriately handle, remove or destroy any Product that may cause Customer to: (i) incur additional liability, including, but not limited to, criminal and/or civil liability; or (ii) experience additional adverse effects, including, but not limited to, potential privacy, security, or technical vulnerabilities.
Limitation of Liability
Castiron does not accept liability for the purchase, use or return of Products or other products, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. Castiron will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party. You agree that for any liability related to the purchase of Products, Castiron is not liable or responsible for any amount of damages above the amount invoiced for the applicable Product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.
