Effective January 24, 2026
Thank you for choosing to access and use the MorphCast user portal and related dashboard features (the “Dashboard”), provided by MorphCast Inc., a Delaware Corporation with legal address in 835 Fifth Avenue – San Rafael, CA 94901 (“The Company”).
These Terms of Use (“TOU”) are a binding legal contract between your company or business organization (“Registered User”), validly represented by the signatory or the person accepting these TOU, and The Company. These TOU govern your access to and use of the Dashboard and its features, including, as applicable: account access, license key management, usage and billing views, support requests, documentation access, communication preferences, and any other portal features made available from time to time (collectively, the “Portal Services”).
Please read these TOU carefully and make sure you understand them. If you do not understand or accept the TOU in full, you are not authorized to use the Dashboard.
1) ACCEPTANCE
By creating an account, accessing, or using the Dashboard, you signify your full acceptance of these TOU and of any additional policies referenced herein (including the Privacy Policy). If you accept these TOU on behalf of an entity, you represent and warrant that you have the authority to bind that entity.
2) PURPOSE OF THE DASHBOARD – NO OBLIGATION TO PROVIDE SERVICE
The Dashboard is provided as an administrative and informational portal related to The Company’s products and business relationship with the Registered User.
No obligation / no entitlement. Access to the Dashboard (including registration with email, storing contact details, or saving communication preferences) does not:
- create any obligation for The Company to provide any product or service,
- constitute an order, purchase, or service-level commitment,
- guarantee that any specific feature will be available now or in the future.
Any commercial terms (pricing, subscriptions, enterprise agreements, SLAs, etc.) apply only if and when separately agreed in writing between the parties.
3) DISCLAIMER (B2B USE ONLY)
The Dashboard and Portal Services are made available for Registered Users acting in connection with their entrepreneurial, commercial, artisan, or professional activity. By accepting these TOU, you acknowledge and declare that you are not acting as a consumer and that, to the maximum extent permitted by law, consumer protection provisions do not apply to your use of the Dashboard.
4) ACCOUNT, SECURITY, AND ACCURACY OF INFORMATION
You agree to:
- provide accurate and up-to-date registration and contact information,
- maintain the confidentiality of login credentials and any access mechanisms,
- promptly notify The Company of any unauthorized access or security incident related to your account.
You are responsible for all activities that occur under your account, whether authorized by you or not.
5) USE OF THE DASHBOARD – RESTRICTIONS
You shall use the Dashboard only for lawful purposes and in compliance with these TOU. You shall not (and shall not allow any third party to):
(a) access or use the Dashboard in a way that violates any applicable law or regulation;
(b) attempt to gain unauthorized access to the Dashboard, systems, or networks;
(c) probe, scan, or test the vulnerability of any system or network, or breach any security measures;
(d) use automated means (including bots, scrapers, crawlers) to access the Dashboard without The Company’s prior written consent;
(e) modify, disassemble, decompile, reverse engineer, or attempt to derive source code from any portion of the Dashboard or related software, except to the extent such restriction is prohibited by mandatory law;
(f) remove or alter notices (copyright, trademarks, proprietary legends) displayed within the Dashboard;
(g) interfere with, disrupt, or degrade the operation or performance of the Dashboard.
The Company may request information reasonably necessary to understand your use of the Dashboard for security, compliance, and integrity purposes.
6) COMMUNICATIONS AND PREFERENCES
The Dashboard may allow you to set communication preferences (e.g., product updates, newsletters, technical notices). Communication choices and personal data handling are governed by the Company’s Privacy Policy.
Operational communications. Regardless of marketing preferences, The Company may send essential operational or security communications (e.g., account alerts, incident notices, critical changes) where reasonably necessary.
7) AVAILABILITY, CHANGES, AND DISCONTINUATION
The Company is constantly modifying and improving the Dashboard. The Company may alter, suspend, or discontinue the Dashboard (in whole or in part), including any feature, at any time, for any reason, including to improve performance or security, comply with law, or prevent misuse.
Where reasonably possible, The Company will provide notice of material changes that negatively impact use of the Dashboard, but you acknowledge that some changes may occur without prior notice.
8) INTELLECTUAL PROPERTY
The Dashboard and all related intellectual and/or industrial property rights are owned by, or licensed to, The Company and are protected by applicable laws and treaties. Your use of the Dashboard does not transfer to you any intellectual property rights.
You may not use The Company’s name, trademarks, trade names, or logos except as expressly authorized in writing by The Company.
9) FEEDBACK
If you provide suggestions, ideas, or feedback regarding the Dashboard (“Feedback”), you grant The Company a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, modify, and incorporate such Feedback into the Dashboard or other products and services without any compensation or obligation to you.
10) SUSPENSION AND TERMINATION
The Company may suspend or terminate your access to the Dashboard at any time, with or without notice, including (without limitation) if The Company believes you have violated these TOU, created security risk, or used the Dashboard unlawfully.
Upon termination, your right to access and use the Dashboard ceases immediately. Sections that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, governing law) will survive.
11) DISCLAIMER OF WARRANTIES
Your use of the Dashboard is at your own risk. The Dashboard is provided “as is”, “with all faults”, and “as available”. To the maximum extent permitted by applicable law, The Company disclaims all warranties, express, statutory, or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Dashboard will be uninterrupted, error-free, secure, or meet your requirements.
12) LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, under no circumstances will The Company, its affiliates, or their officers, directors, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost revenues, loss of data, business interruption, or cost of substitute services arising out of or related to these TOU or your use of (or inability to use) the Dashboard, even if advised of the possibility of such damages.
Nothing in these TOU is intended to exclude or limit liability that cannot be excluded or limited by law, including liability for fraud or willful misconduct.
13) INDEMNIFICATION
You agree to indemnify, hold harmless, and defend The Company and its affiliates, officers, directors, employees, contractors, agents, successors, and assignees from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Dashboard; (ii) your violation of these TOU; (iii) your violation of applicable law; or (iv) your infringement of any intellectual property or other rights of any person.
14) SEVERABILITY
If any provision of these TOU is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the parties’ intent.
15) NO WAIVER
The Company’s failure to enforce any provision of these TOU will not constitute a waiver of that provision or any other provision.
16) GOVERNING LAW AND JURISDICTION
Location and Governing Law. These TOU and the related Privacy Policy are governed by and construed in accordance with the laws of the United States, including those of California and Delaware, as applicable, without giving effect to conflict of law principles.
Exclusive jurisdiction. Any claim or dispute related to these TOU, the Privacy Policy, or the Dashboard shall be submitted to the exclusive jurisdiction of the courts of San Francisco, CA – USA.
You agree that: (i) the Dashboard shall be deemed solely based in the United States, California; and (ii) the Dashboard shall be deemed a passive application that does not give rise to jurisdiction outside of California and Delaware in the United States.
17) CHANGES TO THESE TOU
The Company may amend these TOU at its sole discretion. The Company will post the updated version on its website and indicate the effective date. Your continued use of the Dashboard after changes become effective constitutes acceptance of the updated TOU.
18) CONTACT INFORMATION
Please direct any questions, complaints, or claims related to the Dashboard or your use of the Dashboard by email to info@morphcast.com or by mail at:
MorphCast Inc.
835 Fifth Avenue – San Rafael, CA 94901