Terms of Service

1. Acceptance of Terms & Legal Binding

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Cmend (“Cmend,” “we,” “us,” or “our”), governing your access to and use of the Cmend web portal, standalone desktop client binaries, mobile applications, APIs, real-time signaling gateways, WebRTC media servers, and associated software services (collectively, the “Service”). By creating an account, downloading client executables, authenticating via Discord OAuth, or issuing or receiving remote interactive payloads, you represent that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree, you must immediately uninstall all client software and cease all interaction with the Service.

2. Eligibility & Mandatory Age Verification

The Service is strictly restricted to individuals who are at least 18 years of age. Any access, session participation, or registration by minors is strictly prohibited and constitutes a material breach of these Terms.

Certain interactive functions, private session modes, and group features require successful completion of our Age Verification portal. When submitting verification records—including photographic government-issued identification, biometric verification selfies, and physical handwritten verification phrases:

• You warrant and represent that all submitted documentation is authentic, valid, unmodified, unexpired, and belongs strictly to your personal identity.
• You strictly acknowledge that submitting forged, digitally altered, third-party, synthetic, or fraudulent documentation will result in an immediate, irreversible platform ban, termination of all client secrets, and potential referral to relevant law enforcement agencies.
• Cmend administrators retain sole, unreviewable discretion to approve, reject, or retrospectively revoke verified status at any time without liability.

3. Control Codes, Sessions & Remote Hardware Interaction

Cmend facilitates direct real-time communication between registered desktop clients, mobile interfaces, and web controllers. Each client instance generates or maintains an alphanumeric Control Code that acts as an access locator for remote interaction requests and private sessions.

User Authorization & Responsibility: Your Control Code is a sensitive operational credential. Providing your Control Code to another user or making it publicly discoverable authorizes that user to transmit payloads matching your enabled permissions. You are solely responsible for all interactions initiated through your Control Code.

Permission Toggles & Assumption of Hardware Risk: The Service provides configurable toggles governing remote triggers, including arbitrary text popups, audio playback, video rendering, image injection, desktop wallpaper modification, input blocking (disabling local mouse and keyboard input), on-demand screenshot captures, hardware webcam snapshots, and live WebRTC desktop screen mirroring.

4. Surveillance, Wiretapping & Consent Warranties

Cmend includes tools capable of capturing and streaming camera sensors, desktop screens, and audio streams. With respect to all capture and mirroring features:

• You expressly warrant that you will never request, trigger, or record webcam imagery, desktop screenshots, or screen streams without the full, informed, and affirmative consent of the device owner and any individual situated within field of view of the sensor.
• You agree to comply fully with all state, federal, and international wiretapping, video voyeurism, privacy, and electronic surveillance statutes (including the Electronic Communications Privacy Act and all applicable two-party consent laws).
• You shall not capture, publish, or disseminate imagery of any individual in any private setting or without explicit written consent.
• Cmend acts strictly as a technological pipeline and relay conduit for user-initiated data and disclaims all liability for unauthorized, non-consensual, or tortious captures conducted between users.

5. Acceptable Use & Prohibited Activities

You agree that you will not engage in any of the following prohibited behaviors:

• Harassment & Weaponization: Utilizing input blocking, popup loops, strobing media, or excessive volume audio to harass, threaten, abuse, disorient, or maliciously trap another user on their system.
• Server-Side Request Forgery (SSRF) & Malicious Payloads: Relaying media URLs pointing to loopback addresses, local network subnets, cloud metadata endpoints, or locations designed to trigger browser exploits or local file inspection on the client machine.
• Surveillance & Stalking: Employing automated scripts or scraping tools to brute-force Control Codes, monitor user presence, or trigger unauthorized webcam or capture endpoints outside deliberate, consensual sessions.
• Unlawful Content: Transmitting, displaying, or uploading child sexual abuse material (CSAM), non-consensual sexual imagery, copyright-infringing media, malware, ransomware, or extortionate content.
• Reverse Engineering & Protocol Tampering: Decompiling, unpacking, disassembling, modifying client binaries, spoofing authorization headers, or bypassing rate limits and ban middleware.

6. Authentication, Client Secrets & Account Custody

Account access is tied to third-party authentication providers (such as Discord OAuth) and programmatic Client Secrets. You are exclusively responsible for securing your authentication tokens, encryption keys, and client secrets. Any action executed through your credentials or linked Client Secret shall be deemed executed by you. Cmend assumes no responsibility for unauthorized access, hijacked sessions, or system alterations resulting from compromised third-party accounts or exposed client keys.

7. Moderation, Suspensions & Unilateral Termination

Cmend maintains automated abuse monitoring, rate limiting, and administrative moderation systems. We reserve the unrestricted right, at our sole discretion, without prior notice, explanation, or liability, to refuse service, terminate active WebSockets and LiveKit rooms, reject age verification records, invalidate sessions, and permanently ban any user account, Control Code, or hardware identifier for any violation of these Terms or behavior deemed detrimental to the platform. All account bans are final and non-negotiable.

8. Intellectual Property & Limited License

Cmend grants you a personal, revocable, non-exclusive, non-transferable, limited license to install and execute official client releases strictly for consensual, lawful, personal interaction in compliance with these Terms. All right, title, interest, proprietary source code, interface designs, branding, and documentation remain the exclusive property of Cmend and its licensors.

9. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CLIENT APPLICATIONS, REALTIME SOCKET CONNECTIONS, STREAMING CHANNELS, AND REMOTE OVERLAYS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. CMEND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. CMEND DOES NOT WARRANT THAT REMOTE CONTROLS WILL EXECUTE WITHOUT LATENCY OR LOSS OF PACKETS, THAT INPUT RESTRICTIONS WILL RECOVER INSTANTLY, OR THAT CAPTURED STREAMS WILL BE PRIVATE OR SECURE AGAINST INTERCEPTION ON CLIENT HARDWARE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMEND, ITS DEVELOPERS, AFFILIATES, OPERATORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, HARDWARE DAMAGE, OPERATING SYSTEM CORRUPTION, LOSS OF PERIPHERAL INPUT CONTROL, SYSTEM SHUTDOWN, TORTIOUS RECORDING BY OTHER USERS, OR UNAUTHORIZED INTRUSION ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. CMEND’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless Cmend, its operators, officers, and contractors against any and all claims, liabilities, losses, damages, judgments, awards, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your issuance of remote commands, input block triggers, captures, or streaming sessions; (c) any violation of wiretapping or privacy rights committed using your client or account; (d) any fraudulent documentation submitted during age verification; or (e) your breach of any provision of these Terms.

12. Dispute Resolution, Arbitration & Class Action Waiver

Informal Negotiation: You agree that prior to asserting any formal legal claim, you will participate in an informal dispute resolution process by contacting Cmend administrators via our official community support channels.

Mandatory Binding Arbitration: Any unresolved dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be submitted to and settled exclusively by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration shall be Delaware, United States, and proceedings shall be conducted remotely where permissible.

Class Action Waiver: YOU AND CMEND AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

13. Contact & Inquiries

For formal inquiries, moderation appeals, or clarification regarding these Terms, please reach out via our official Discord Server or contact a verified platform administrator.