Terms of Service

Effective Date: January 16, 2025

Last Updated: January 16, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by Cakewalk AI, Inc. ("Cakewalk," "we," "us," or "our"), including our website, platform, and AI-powered content optimization services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent that you meet these requirements.

2. Account Registration

To access certain features, you must create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activity under your account

3. Services Description

Cakewalk provides AI-powered content creation, optimization, and publishing services designed to improve your visibility in AI search engines and traditional search results. Our Services include:

  • AI-driven content discovery and generation
  • Automated publishing to your connected platforms
  • Citation tracking across AI platforms
  • Performance analytics and optimization

4. Your Responsibilities

You are responsible for:

  • Ensuring you have the right to connect any websites, analytics accounts, or platforms to our Services
  • Reviewing and approving content before or after publication as desired
  • Complying with all applicable laws and third-party terms of service
  • Maintaining accurate and lawful information on your connected platforms

5. Content Ownership and License

Your Content

You retain ownership of all content you provide to us and all content we create on your behalf ("Your Content"). You grant us a limited license to use, modify, and publish Your Content solely to provide the Services.

Our Content

We retain ownership of our platform, technology, AI models, and any materials we provide that are not specifically created for you.

Generated Content

Content generated by our AI for your use becomes Your Content upon generation. You are responsible for its use and publication.

6. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose
  • Generate content that is defamatory, obscene, fraudulent, or infringes third-party rights
  • Attempt to reverse engineer or extract our AI models or algorithms
  • Interfere with the operation of our Services
  • Resell or redistribute the Services without authorization
  • Use the Services to generate spam or misleading content
  • Violate any third-party terms of service through your use of our Services

7. Payment Terms

Fees

You agree to pay all fees associated with your subscription plan. Fees are described on our pricing page and in your order confirmation.

Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method automatically.

Refunds

Fees are non-refundable except as required by law or as explicitly stated in writing.

Changes to Pricing

We may change our fees with 30 days' notice. Continued use after the change constitutes acceptance of the new pricing.

8. Free Trials

We may offer free trials at our discretion. At the end of a trial, you will be charged for the selected plan unless you cancel before the trial ends.

9. Termination

By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

By Us

We may suspend or terminate your access if you:

  • Violate these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activity

Effect of Termination

Upon termination, your right to use the Services ends. We may delete your data after a reasonable retention period unless legally required to retain it.

10. Intellectual Property

Our Services, including our AI technology, software, designs, and trademarks, are protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE:

  • Specific traffic, ranking, or citation results
  • Uninterrupted or error-free service
  • That AI-generated content will be suitable for your specific needs without review
  • Compatibility with all third-party platforms

AI search algorithms and policies change frequently. Results may vary and are not guaranteed.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAKEWALK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Cakewalk and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you publish using the Services

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after changes take effect constitutes acceptance of the modified Terms.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Cakewalk regarding the Services.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Our failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent. We may assign our rights freely.

17. Contact Us

For questions about these Terms, contact us at:

Cakewalk AI, Inc. Email: legal@cakewalk.ai


By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.