Last Updated: January 26, 2026
These Terms of Service (the "Terms") are a binding agreement between APPUIX, INC., a Delaware corporation doing business as Cachee ("Company," "we," "us," or "our"), and the entity or individual ("Customer," "you," or "your") that accesses or uses the Cachee platform, APIs, documentation, and related services (collectively, the "Service"). By clicking "I Agree," creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, and all policies incorporated by reference. If you do not agree, do not access or use the Service.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or equivalent ownership interest.
"Authorized User" means any individual whom Customer permits to access or use the Service under Customer's account, including employees, contractors, and agents.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure, including business plans, pricing, technology, and source code. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction.
"Customer Data" means any data, content, or materials that Customer or its Authorized Users upload, submit, or transmit to or through the Service, including biometric templates, encrypted payloads, and metadata.
"Documentation" means the technical manuals, API references, guides, and other materials made available by Company describing the features and functionality of the Service.
"Effective Date" means the date on which Customer first accepts these Terms or accesses the Service, whichever is earlier.
"Fees" means the amounts payable by Customer for access to and use of the Service, as set forth in an Order Form or the applicable pricing page.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights of any kind worldwide.
"Order Form" means any ordering document, statement of work, or online purchase flow executed or completed by Customer that references these Terms and specifies the scope, Fees, and term of Customer's use of the Service.
"Personal Data" means any information relating to an identified or identifiable natural person that is processed by the Service on Customer's behalf.
"Service" means the Cachee cloud-based identity-verification and authentication platform, including all APIs, SDKs, web interfaces, and related services provided by Company.
"Service Level Agreement" or "SLA" means the uptime and performance commitments published by Company at the applicable URL or attached to an Order Form.
"Subscription Term" means the period during which Customer is authorized to use the Service as specified in the applicable Order Form or, if none, the period beginning on the Effective Date and continuing until terminated in accordance with these Terms.
The Service is available only to businesses, organizations, and individuals who are at least 18 years of age and are located in and operating from the United States. By accessing the Service, you represent and warrant that you meet these requirements. The Service is not currently offered outside the United States, and we make no representation that the Service is appropriate or available for use in other locations.
If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity. If you do not have such authority, you must not accept these Terms or use the Service.
To use the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if it changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Company immediately at support@appuix.com if you become aware of any unauthorized access to or use of your account.
You may permit Authorized Users to access the Service under your account, provided that: (a) each Authorized User agrees to comply with these Terms; (b) you remain responsible for each Authorized User's compliance; and (c) the number of Authorized Users does not exceed the limits specified in your Order Form or subscription plan.
Subject to your compliance with these Terms and payment of applicable Fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term solely for your internal business purposes in accordance with the Documentation.
Company may update, modify, or discontinue features of the Service from time to time. We will use commercially reasonable efforts to notify you in advance of material changes that adversely affect your use of the Service.
Company may provide APIs and SDKs to enable integration with the Service. Your use of APIs and SDKs is subject to these Terms, the Documentation, and any applicable rate limits or usage policies.
Company will provide technical support in accordance with the support plan associated with your subscription tier. Details of available support plans are described in the Documentation or your Order Form.
If an SLA applies to your subscription, Company will use commercially reasonable efforts to meet the uptime and performance commitments described therein. Your sole remedy for failure to meet the SLA is as set forth in the SLA.
Company may offer certain features or services on a beta, preview, or early-access basis ("Beta Features"). Beta Features are provided "as is" without warranty, may be changed or discontinued at any time, and are not subject to the SLA. Your use of Beta Features is at your own risk.
You agree not to, and will not permit any Authorized User or third party to:
Except for the limited rights expressly granted herein, Company reserves all rights, title, and interest in and to the Service, Documentation, and all related Intellectual Property Rights. No rights are granted by implication, estoppel, or otherwise.
The Service may incorporate third-party software or services. Your use of such components is subject to the applicable third-party terms, which Company will make available upon request.
You agree to use the Service only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy (the "AUP"), which is incorporated by reference.
You are solely responsible for ensuring that your use of the Service complies with all applicable federal, state, and local laws, regulations, and industry standards, including but not limited to laws governing biometric data, privacy, and data protection.
If your use of the Service involves the collection, storage, or processing of biometric identifiers or biometric information (as those terms may be defined under applicable law), you are solely responsible for: (a) providing all required notices and obtaining all required consents from individuals whose biometric data is processed; (b) complying with all applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act, the Washington Biometric Identifiers statute, and any other applicable state or local biometric privacy laws; and (c) establishing and following a publicly available data retention and destruction policy as required by applicable law.
You are responsible for the activities of your Authorized Users and any end users who interact with the Service through your integration. You will ensure that your use of the Service does not infringe the rights of any third party.
Company reserves the right, but has no obligation, to monitor your use of the Service for compliance with these Terms and the AUP. Company may investigate any suspected violations and take appropriate action, including suspension or termination of your account.
As between Company and Customer, Customer retains all rights, title, and interest in and to Customer Data. Customer grants Company a limited, non-exclusive license to process Customer Data solely to provide the Service and as described in our Privacy Policy.
Company's collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
To the extent Company processes Personal Data on Customer's behalf, the parties will enter into a Data Processing Agreement ("DPA") that governs such processing. The DPA will be made available upon request or at the applicable URL.
Company will implement and maintain administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, or destruction, consistent with industry standards and as further described in the Documentation.
The Service employs fully homomorphic encryption (FHE), post-quantum cryptography (PQC), and zero-knowledge proofs (ZKP) as core components of its security architecture. While these technologies provide strong cryptographic protections, no system can guarantee absolute security, and Company does not warrant that the Service will be free from all vulnerabilities.
Customer Data will be stored and processed in the United States. Company will not transfer Customer Data outside the United States without Customer's prior written consent.
Company will notify Customer without undue delay upon becoming aware of any confirmed unauthorized access to or disclosure of Customer Data (a "Security Incident"). Notification will include, to the extent known: (a) the nature of the Security Incident; (b) the categories and approximate number of records affected; (c) the measures taken or proposed to address the Security Incident; and (d) a point of contact for additional information.
Upon termination of these Terms or upon Customer's written request, Company will delete or return Customer Data within thirty (30) days, except to the extent retention is required by applicable law or regulation. Company may retain de-identified or aggregated data that does not identify Customer or any individual.
Company may engage third-party subprocessors to assist in providing the Service. Company will maintain a list of subprocessors and will notify Customer of any changes. Customer may object to a new subprocessor by providing written notice within fifteen (15) days of being notified, and the parties will work in good faith to resolve the objection.
Customer agrees to pay all Fees specified in the applicable Order Form or pricing page. Unless otherwise stated, all Fees are quoted in United States dollars and are non-refundable.
Fees are due and payable in accordance with the payment terms specified in the Order Form. If no payment terms are specified, Fees are due within thirty (30) days of the invoice date.
If any Fees are not paid when due, Company may charge interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Customer will also reimburse Company for all reasonable costs of collection, including attorneys' fees.
All Fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, withholding, and other taxes and governmental assessments arising from these Terms, except for taxes based on Company's net income.
Certain portions of the Service may be billed based on usage (e.g., number of API calls, authentication events, or enrolled identities). Usage will be measured by Company's monitoring systems, which will be the authoritative source for billing purposes.
Company may offer a free tier or trial period. Free-tier usage is subject to these Terms and any additional limitations specified on the pricing page. Company may modify or discontinue the free tier at any time without notice.
Company may change its pricing at any time. Price changes for existing subscriptions will take effect at the start of the next renewal period. Company will provide at least thirty (30) days' advance notice of any price increase.
If Customer disputes any Fees in good faith, Customer must notify Company in writing within fifteen (15) days of the invoice date and pay the undisputed portion. The parties will work in good faith to resolve the dispute promptly.
If any Fees remain unpaid more than fifteen (15) days past the due date, Company may suspend access to the Service upon ten (10) days' written notice, without prejudice to any other rights or remedies.
Unless otherwise stated in an Order Form, all Fees are non-refundable. Prepaid Fees for unused portions of a Subscription Term will not be refunded upon termination except as expressly provided herein.
If Customer requires a purchase order for payment, Customer must provide the purchase order number at the time of purchase. Any terms in a Customer purchase order that conflict with these Terms are void.
Company may audit Customer's use of the Service to verify compliance with usage limits and Fee obligations. Audits will be conducted no more than once per twelve (12) month period, during normal business hours, and with reasonable advance notice. If an audit reveals underpayment, Customer will promptly pay the shortfall plus interest.
Each party agrees to: (a) use the other party's Confidential Information only to exercise its rights and perform its obligations under these Terms; (b) protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; and (c) not disclose the other party's Confidential Information to any third party except as expressly permitted herein.
A party may disclose Confidential Information to its employees, contractors, Affiliates, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Section.
If a party is required by law, regulation, or court order to disclose Confidential Information, it will provide prompt notice to the other party (to the extent legally permitted) and cooperate with the other party's efforts to obtain a protective order or limit the scope of disclosure.
Each party acknowledges that any breach of this Section 8 may cause irreparable harm for which monetary damages would be inadequate. Accordingly, the non-breaching party will be entitled to seek injunctive or other equitable relief without the necessity of posting a bond.
Upon termination of these Terms or upon request, each party will promptly return or destroy the other party's Confidential Information, except to the extent retention is required by law or regulation.
As between the parties, Company owns all rights, title, and interest in and to the Service, Documentation, Company's trademarks, and all improvements, enhancements, and derivative works thereof, including all related Intellectual Property Rights.
As between the parties, Customer owns all rights, title, and interest in and to Customer Data and Customer's pre-existing intellectual property.
If Customer provides suggestions, ideas, enhancement requests, or other feedback regarding the Service ("Feedback"), Company may use such Feedback without restriction or obligation to Customer.
Company may collect and use aggregated, de-identified data derived from Customer's use of the Service for purposes of improving the Service, generating benchmarks, and other lawful business purposes, provided that such data does not identify Customer or any individual.
Neither party grants the other any right to use its trademarks, logos, or trade names without prior written consent. Customer agrees not to use Company's marks in any manner that suggests endorsement, sponsorship, or affiliation without Company's prior written approval.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY BIOMETRIC MATCHING, IDENTITY VERIFICATION, OR AUTHENTICATION RESULTS. CUSTOMER ACKNOWLEDGES THAT NO BIOMETRIC OR IDENTITY-VERIFICATION SYSTEM IS INFALLIBLE AND THAT FALSE ACCEPTANCES AND FALSE REJECTIONS MAY OCCUR. CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF THE SERVICE FOR ITS INTENDED USE CASE AND FOR IMPLEMENTING APPROPRIATE FALLBACK AND RISK-MITIGATION MEASURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The limitations in Sections 11.1 and 11.2 do not apply to: (a) either party's indemnification obligations under Section 12; (b) either party's breach of Section 8 (Confidentiality); (c) Customer's breach of Section 4.7 (Restrictions) or Section 5 (Acceptable Use); (d) Customer's payment obligations; or (e) liability that cannot be limited by applicable law.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EACH PARTY ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.
Company will defend, indemnify, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claims, demands, suits, or proceedings alleging that Customer's authorized use of the Service infringes a valid United States patent, copyright, or trade secret of a third party, and will pay all damages finally awarded by a court of competent jurisdiction or agreed to in a written settlement. If the Service becomes, or in Company's opinion is likely to become, the subject of an infringement claim, Company may, at its option: (a) procure the right for Customer to continue using the Service; (b) modify the Service to make it non-infringing; or (c) terminate Customer's access to the infringing component and refund any prepaid Fees for the unused portion of the Subscription Term.
Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any third-party claims, demands, suits, or proceedings arising out of or related to: (a) Customer Data or Customer's use of the Service; (b) Customer's breach of these Terms, including the AUP; (c) Customer's violation of applicable law or regulation; or (d) any dispute between Customer and its end users.
THE INDEMNIFIED PARTY MUST: (A) PROMPTLY NOTIFY THE INDEMNIFYING PARTY IN WRITING OF THE CLAIM (PROVIDED THAT FAILURE TO PROVIDE PROMPT NOTICE WILL ONLY RELIEVE THE INDEMNIFYING PARTY TO THE EXTENT IT IS MATERIALLY PREJUDICED); (B) GRANT THE INDEMNIFYING PARTY SOLE CONTROL OF THE DEFENSE AND SETTLEMENT OF THE CLAIM; AND (C) PROVIDE REASONABLE COOPERATION AT THE INDEMNIFYING PARTY'S EXPENSE. THE INDEMNIFYING PARTY WILL NOT SETTLE ANY CLAIM IN A MANNER THAT IMPOSES OBLIGATIONS ON THE INDEMNIFIED PARTY WITHOUT THE INDEMNIFIED PARTY'S PRIOR WRITTEN CONSENT.
Either party may terminate these Terms upon thirty (30) days' prior written notice to the other party. If Customer terminates for convenience during a paid Subscription Term, no refund of prepaid Fees will be provided unless otherwise stated in the Order Form.
Either party may terminate these Terms immediately upon written notice if: (a) the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach; or (b) the other party becomes insolvent, files or has filed against it a petition in bankruptcy, or makes an assignment for the benefit of creditors.
Upon termination of these Terms: (a) all rights and licenses granted to Customer will immediately cease; (b) Customer will cease all use of the Service and destroy or return any Company Confidential Information in its possession; (c) Company will delete or return Customer Data in accordance with Section 6.8; and (d) Sections 1, 6.1, 7 (for accrued obligations), 8, 9, 10, 11, 12, 14, 15, 17, and 18 will survive termination.
The Service may be subject to United States export control laws, including the Export Administration Regulations (EAR). Customer will not export, re-export, or transfer the Service or any technical data received under these Terms in violation of applicable export control laws. Customer represents and warrants that it is not located in, under the control of, or a national or resident of any country to which the United States has imposed an embargo, and is not on any United States government restricted party list.
Each party agrees to comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act. Neither party will make any payment or offer of value, directly or indirectly, to any government official for the purpose of influencing any act or decision to obtain or retain business.
Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms (a "Dispute") informally by contacting the other party and negotiating in good faith for a period of at least thirty (30) days.
If the parties are unable to resolve a Dispute informally, the Dispute will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA rules.
The arbitration will be held in New York, New York, or at another location mutually agreed upon by the parties. The arbitrator may permit remote participation.
The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator will have authority to award any relief that a court of competent jurisdiction could award, including injunctive relief.
Each party will bear its own costs and attorneys' fees in connection with the arbitration. The arbitrator may allocate arbitration fees and expenses (excluding attorneys' fees) between the parties as the arbitrator deems appropriate.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights or Confidential Information.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. To the extent that any proceeding is permitted to be brought in court, the parties consent to the exclusive jurisdiction and venue of the federal and state courts located in New Castle County, Delaware.
Company may modify these Terms from time to time by posting the revised version on its website or by providing notice to Customer. Material changes will be effective thirty (30) days after posting or notice, or upon Customer's acceptance of the updated Terms, whichever occurs first. Customer's continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If Customer does not agree to the modified Terms, Customer must stop using the Service and may terminate these Terms in accordance with Section 13.1.
Neither party may assign or transfer these Terms, in whole or in part, without the prior written consent of the other party, except that either party may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this provision is void. These Terms will bind and inure to the benefit of the parties' successors and permitted assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
These Terms, together with all Order Forms, the Privacy Policy, the AUP, and any DPA, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, and representations, whether written or oral.
Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, strikes, or failures of telecommunications or internet infrastructure.
No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. No failure or delay by a party in exercising any right or remedy will operate as a waiver of that right or remedy.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
Section headings are for convenience only and do not affect the interpretation of these Terms.
Order Forms may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. Electronic signatures will have the same legal effect as original signatures.
All notices under these Terms must be in writing and will be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by nationally recognized overnight courier, addressed to the applicable party at the address specified in the Order Form or account registration.
For general inquiries: support@appuix.com
For legal notices: legal@appuix.com
Mailing address: Appuix, Inc., Attn: Legal Department