Terms of Service
Last Updated: September 1, 2026
1. Introduction & Acceptance of Terms
Welcome to Brothers Cain, a digital property operated by Cain, Inc., a Delaware Corporation ("Company", "we", "us", or "our"). These Terms of Service ("Agreement" or "Terms") govern your access to and use of the brotherscain.com website, as well as our broader portfolio of applications, platforms, and digital marketplaces, including but not limited to our upcoming platform, Amsaya.ai (collectively, the "Services").
By accessing our Services, registering for an account, uploading media assets, or downloading datasets across any of our properties, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accepting these terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.
2. Eligibility & Account Registration
Age and Capacity: You represent and warrant that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, and possess the legal capacity to enter into binding contracts.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account across any Cain, Inc. property. You must provide accurate, current, and complete information.
Identity Verification: For specific platforms handling biometric or likeness data (such as Amsaya.ai), we enforce a strict Know Your Customer (KYC) protocol. You warrant that you are the sole individual depicted in any personal assets you upload. Uploading media of third parties, minors, or synthetic deepfakes without explicit legal clearance will result in immediate permanent account suspension and potential forfeiture of funds.
3. Prohibited User Conduct
To protect the integrity of our platforms and the safety of our users, the following conduct is strictly prohibited across all Cain, Inc. Services:
- Non-Consensual & Harmful Imagery: Generating, distributing, or licensing material that is pornographic, sexually explicit, defamatory, constitutes hate speech, or portrays real-world political figures to deceive the public.
- Biometric Surveillance: Training, testing, or deploying facial recognition software using our datasets intended for mass surveillance, law enforcement tracking, or unauthorized identity profiling.
- Platform Abuse & Scraping: Using automated tools, scrapers, bots, or exploiting vulnerabilities to harvest data, datasets, creator profiles, or preview images from our platforms.
- Fraud & Malicious Code: Uploading fraudulent identities, viruses, trojans, or attempting to bypass security protocols and payment gateways.
4. Intellectual Property Rights
Company Ownership: Cain, Inc. retains all right, title, and interest in and to our Services, including branding, source code, underlying classification algorithms, UI/UX, and proprietary processing tools.
User-Submitted Content (Creators): Users retain all underlying intellectual property rights to their raw, unmodified datasets and media uploads. By uploading assets, you grant the Company a worldwide, royalty-free, sublicensable right to host, display, and license these assets to verified third parties for purposes including Visual Effects (VFX) manipulation, 3D rigging, Machine Learning (ML), and AI model training.
Purchasing Entities (Studios): Purchasing entities retain intellectual property rights to their final commercial projects and the specific derivative Synthetic Outputs generated. Purchasers do not acquire ownership of the raw datasets or the underlying legal identities of the creators. Raw datasets licensed through our platforms may not be resold or distributed on open-source repositories.
5. Fees, Payments, and Billing Cycles
All fees for services, subscriptions, or dataset licenses are stated at the time of purchase and are payable immediately via our authorized third-party payment processors. Due to the irrevocable nature of digital dataset downloads, all marketplace sales are final and non-refundable once accessed, except where explicitly required by law.
Users earning revenue through our platforms (e.g., Creators) are solely responsible for all local, state, federal, and international taxes, and must provide accurate tax documentation (e.g., IRS Form W-9) prior to the disbursement of any funds.
6. Term, Termination, and Account Suspension
This Agreement remains in effect until terminated by you or the Company. You may delete your account at any time; however, any perpetual licenses previously granted to third parties prior to your account deletion remain in full force and cannot be revoked.
We reserve the right to suspend or permanently terminate your account without notice if we determine you have violated this Agreement. Upon termination for breach, you must immediately cease all use of licensed datasets and recall any outputs violating our policies. Users terminated for cause may forfeit pending payouts.
7. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL ASSOCIATED PLATFORMS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAIN, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE TECHNICAL FITNESS OF ANY DATASET FOR SPECIFIC RENDERING PIPELINES OR AI ARCHITECTURES, NOR DO WE GUARANTEE THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL CAIN, INC., ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. THE COMPANY CANNOT BE HELD LIABLE FOR THE UNAUTHORIZED THEFT, DEEPFAKE GENERATION, OR BREACH OF LICENSE TERMS BY ROGUE THIRD PARTIES ONCE DATA HAS LEFT OUR SERVERS. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO CAIN, INC. (OR EARNED BY YOU FROM CAIN, INC.) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Cain, Inc., its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) claims that your uploaded assets or generated Synthetic Outputs infringe upon third-party intellectual property, privacy, or broadcasting rights; (c) any tax liabilities levied against the Company due to your failure to pay applicable taxes; or (d) your violation of any applicable laws.
9. Dispute Resolution & Governing Law
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law principles.
Exclusive Jurisdiction: Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the state or federal courts located in Ada County, Idaho, USA. You hereby irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or the doctrine of forum non conveniens.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
10. Artificial Intelligence and Output Generation
Platform AI Tools & Hallucinations: The Company may utilize internal artificial intelligence for dataset quality assurance, metadata generation, and automated tagging across our platforms. We do not guarantee the absolute accuracy of platform-generated AI content and expressly disclaim liability for technical anomalies, misclassifications, or "hallucinations" presented by our internal processing systems.
Ownership of Inputs and Outputs: Creators own their raw dataset inputs. Licensees (Studios) own the resulting derivative Synthetic Outputs generated by their proprietary AI tools using our licensed datasets as inputs. Users acknowledge that generating an output does not grant them ownership of the fundamental inputs (the raw Datasets) themselves.
Anti-Scraping & Competing Models: All users are strictly prohibited from utilizing Cain, Inc. datasets, platform metadata, or AI outputs to train, benchmark, or develop a competing dataset licensing marketplace or a rival fundamental machine learning model designed to circumvent our platforms or the need for human creator licensing.
11. Modifications to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time to reflect changes in our business operations, new platform features, or evolving legal requirements. We will update the "Last Updated" date at the top of this Agreement when such changes occur. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must immediately stop using our Services.
12. Contact Us
If you have any questions about these Terms, please contact us:
- By email:
- By visiting the Contact page on our website.