Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and Hardihood Venture Studio, LLC, a Georgia limited liability company ("Hardihood," "we," "us," or "our"). They govern your access to and use of the Cast mobile application, the website at castprayer.com, and any related features, content, and services we provide (together, the "Service").

Please read these Terms carefully. Section 17 contains a binding arbitration agreement and a class action waiver. Unless you opt out as described in Section 17.7, these require you to resolve disputes with us through individual arbitration rather than in court or as part of a class.

By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old, and of legal age to form a binding contract where you live, to use the Service. By using the Service, you represent and warrant that you meet these requirements and that you are not barred from using the Service under any applicable law. We do not knowingly permit anyone under 18 to create an account.

2. Your Account

2.1 Registration. You create an account using Sign in with Apple or another sign-in method we make available. You agree to provide accurate information and to keep it current.

2.2 Security. You are responsible for maintaining the security of your device and your Apple Account, and for all activity that occurs under your account. Notify us promptly at legal@castprayer.com if you believe your account has been accessed without authorization.

2.3 One person per account. Your account is personal to you. You may not share, sell, or transfer it.

3. The Service

3.1 What Cast does. Cast is a private prayer companion. It invites you to write or speak what is on your mind, suggests passages of Scripture, and helps you put a prayer into words. Some features use artificial intelligence to generate text ("Generated Content").

3.2 Changes. We continually develop the Service. We may add, change, suspend, or discontinue any feature, in whole or in part, at any time. Where a change materially reduces the features included in a paid subscription you have already purchased, we will give you reasonable advance notice when practicable.

3.3 Availability. We do not guarantee that the Service will be available at all times or free of interruption, delay, or error. Some features depend on third-party services, including Apple and Scripture-text providers, that are outside our control.

4. Important Limits on What Cast Is

4.1 Not professional advice. Cast is a tool for personal reflection and prayer. It is not a substitute for, and does not provide, pastoral care, spiritual direction, counseling, therapy, or medical, psychological, legal, or financial advice. No pastoral, clinical, or other professional relationship is created between you and Hardihood by your use of the Service.

4.2 Not for emergencies. The Service is not designed to respond to emergencies, and no one at Hardihood monitors your entries. If you are in crisis or thinking about harming yourself, call or text 988 to reach the 988 Suicide and Crisis Lifeline in the United States, or call 911 or your local emergency number. The Service may, without any assurance that it will do so, display crisis resources when it detects certain language. You should not rely on it to detect a crisis.

4.3 Generated Content. Generated Content is produced automatically. It may be inaccurate, incomplete, or theologically imperfect, and it may not reflect the views of Hardihood or of any church, denomination, or tradition. Generated Content is offered as assistance, not authority. You are responsible for evaluating it and for any decisions you make based on it.

4.4 Scripture. Scripture texts are provided by third-party licensors under their own terms and copyrights. Translation names and texts remain the property of their respective owners. We do not guarantee that any suggested passage is the most appropriate one for your circumstances.

5. Free Prayer and Cast+ Subscriptions

5.1 Free prayer. Each account may complete one prayer at no charge. Starting further prayers, and certain related features, requires an active Cast+ subscription or free trial. You may continue to view the prayers and journeys you have already completed, and to manage or delete your account, without a subscription.

5.2 Purchases through Apple. Cast+ is sold as an auto-renewing subscription through Apple's App Store. Apple processes all payments, and your purchase is also subject to Apple's terms and the payment method associated with your Apple Account. We do not receive or store your payment card details.

5.3 Free trials. We may offer a free trial of Cast+ to eligible first-time subscribers. Eligibility is determined by Apple. Unless you cancel at least 24 hours before the trial ends, your subscription will automatically convert to a paid subscription, and you will be charged the subscription price shown at the time of purchase. The offer screen states the trial length, the price that follows it, and the date of your first payment.

5.4 Automatic renewal. Your subscription renews automatically at the end of each subscription period (monthly or yearly, as you selected) for the same period, and Apple charges your payment method the then-current price, unless you cancel at least 24 hours before the end of the current period.

5.5 How to cancel. You may cancel at any time in your device's Settings app under Apple Account › Subscriptions, or from Settings › Cast+ in the app. Cancellation takes effect at the end of the current paid period or trial, and you keep access to Cast+ until then. Deleting the Cast app or your Cast account does not cancel your subscription.

5.6 Refunds. Because Apple processes all payments, refund requests are handled by Apple under its policies, which you can begin at reportaproblem.apple.com. Except where required by law, we do not issue refunds or credits for partial subscription periods.

5.7 Price changes. We may change subscription prices. Apple will notify you of any price increase in advance and, where required, ask for your consent before it applies to your subscription.

5.8 Taxes. Prices may not include applicable taxes, which Apple will collect where required.

6. Your Content

6.1 You own your content. "Your Content" means everything you write, speak, or submit through the Service, including your prayers, reflections, and the Generated Content produced for you. As between you and Hardihood, you retain all rights in Your Content.

6.2 License to us. You grant Hardihood a worldwide, non-exclusive, royalty-free license to host, store, encrypt, process, transmit, and display Your Content solely as necessary to operate, provide, secure, and support the Service for you. This license includes the right to share Your Content with our service providers, as described in our Privacy Policy, for those purposes only. It ends when Your Content is deleted from our systems, except for copies retained in backups for the limited period described in our Privacy Policy.

6.3 What we do not do. We do not sell Your Content, use it for advertising, or publish it. We do not use Your Content to train artificial intelligence models.

6.4 Your responsibility. You are solely responsible for Your Content. You represent that you have the rights necessary to submit it and that it does not violate these Terms or any law. If you include information about other people in Your Content, you are responsible for doing so lawfully and respectfully.

7. Acceptable Use

You agree not to:

use the Service in violation of any applicable law or regulation;
use the Service to harass, threaten, defame, or harm any person;
attempt to gain unauthorized access to the Service, other accounts, or our systems or networks;
probe, scan, or test the vulnerability of the Service, or circumvent any security, access, or usage control, including the limits on free and paid features;
reverse engineer, decompile, or disassemble the Service, except to the extent applicable law expressly permits it despite this restriction;
use any robot, scraper, or other automated means to access the Service, or extract Scripture text or Generated Content in bulk;
interfere with or disrupt the integrity or performance of the Service;
use the Service to develop a competing product, or resell or commercially exploit it; or
attempt to cause the Service to generate content that is unlawful, hateful, sexually explicit, or that promotes violence or self-harm.

8. Intellectual Property

The Service, including its software, design, text, graphics, logos, and the "Cast" name and marks, is owned by Hardihood or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the Cast app on Apple devices that you own or control, and to use the Service, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

9. Feedback

If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you. Feedback does not include Your Content.

10. Privacy

Our Privacy Policy explains how we collect, use, and protect your information, including the sensitive information inherent in a prayer app. By using the Service, you acknowledge that we will process your information as described there.

11. Third-Party Services

The Service relies on and may link to services operated by third parties, including Apple. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

12. Suspension and Termination

12.1 By you. You may stop using the Service at any time. You may permanently delete your account in the app under Settings › Account › Delete Account. Deletion does not cancel an App Store subscription; see Section 5.5.

12.2 By us. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if continuing to provide the Service to you would expose Hardihood, our users, or others to harm or legal liability. If we terminate your account for reasons other than your breach, and you have a paid subscription, we will direct you to Apple to seek a pro rata refund of any prepaid, unused period.

12.3 Effect. Upon termination, your right to use the Service ends. Sections 4, 6.4, and 9 through 19 survive termination.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL GENERATED CONTENT AND SCRIPTURE TEXT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HARDIHOOD DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HARDIHOOD OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HARDIHOOD'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud where such limits are prohibited.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Hardihood and its members, managers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of your violation of these Terms or of any law, or Your Content.

16. Governing Law

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Georgia, without regard to its conflict-of-laws rules. Subject to Section 17, any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you and Hardihood consent to the personal jurisdiction of those courts.

17. Dispute Resolution; Arbitration Agreement; Class Action Waiver

17.1 Informal resolution first. Before starting arbitration or a court proceeding, you and Hardihood agree to try to resolve any dispute informally. The party raising the dispute must send a written notice describing the claim and the relief sought, to legal@castprayer.com if from you, or to the email associated with your account if from us. If the dispute is not resolved within sixty (60) days after the notice is received, either party may begin a proceeding as provided below. Any statute of limitations is tolled during this period.

17.2 Agreement to arbitrate. Except as provided in Section 17.4, you and Hardihood agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including questions about the formation, scope, enforceability, or validity of this arbitration agreement, will be resolved by final and binding individual arbitration.

17.3 Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms, and will be conducted by a single arbitrator. Unless the arbitrator finds the claim frivolous, Hardihood will pay all AAA filing, administration, and arbitrator fees for claims seeking less than US $10,000. The arbitration will take place in the county where you reside, or by video or written submissions if you prefer. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

17.4 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

17.5 Class action waiver. YOU AND HARDIHOOD 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this Section 17.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided in court after all individual claims are arbitrated, and Section 17.2 will not apply to it.

17.6 Mass filings. If twenty-five (25) or more similar demands for arbitration are filed against Hardihood by or with the assistance of the same law firm or organization, the demands may be administered in batches under the AAA's Mass Arbitration Supplementary Rules, and the parties agree to cooperate in good faith to resolve them efficiently.

17.7 Right to opt out. You may opt out of this arbitration agreement by emailing legal@castprayer.com within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

17.8 Changes to this Section. If we make any material change to this Section 17, you may reject it by emailing us within thirty (30) days of the change. In that case, the most recent version of Section 17 that you accepted will continue to apply.

18. Changes to These Terms

We may revise these Terms from time to time. If a revision is material, we will notify you through the app, by email, or by other reasonable means at least fourteen (14) days before it takes effect, except where a change is required sooner by law or addresses a new feature. The "Effective" date above shows when these Terms were last updated. Your continued use of the Service after a revision takes effect constitutes acceptance of the revised Terms.

19. General

19.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Hardihood regarding the Service and supersede all prior agreements on that subject.

19.2 Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

19.3 No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

19.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

19.6 Notices. We may provide notices to you through the app or to the email address associated with your account. You may provide legal notices to us at legal@castprayer.com.

19.7 Export. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

20. Additional Terms for Apple Users

If you download the Cast app from Apple's App Store, the following terms also apply and prevail over any conflicting provision of these Terms:

These Terms are between you and Hardihood only, not Apple Inc. ("Apple"). Hardihood, not Apple, is solely responsible for the Cast app and its content.
Your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing where enabled.
Apple has no obligation to furnish any maintenance or support services for the app.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Hardihood's responsibility, to the extent not disclaimed in these Terms.
Hardihood, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
If a third party claims that the app or your possession and use of it infringes that party's intellectual property rights, Hardihood, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
You must comply with applicable third-party terms of agreement when using the app.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

21. Contact

Questions about these Terms may be sent to Hardihood Venture Studio, LLC, Attn: Legal, at legal@castprayer.com.