Terms of Service

Welcome to Spell (https://www.spellapp.com), an AI-powered document creation platform operated by Spell, Inc. ("Spell," "we," "our," or "us"). By accessing or using our website or services, you agree to these Terms of Service ("Terms"). If you do not agree, please do not use Spell.

1. Acceptance of Terms

By accessing or using Spell, you affirm that:

• You have read and understand these Terms
• You are at least 13 years of age
• You have the legal capacity to enter into this agreement
• You agree to be bound by these Terms, including our Privacy Policy

These Terms constitute a legally binding agreement between you and Spell, Inc.

2. Account Creation and Responsibilities

2.1 Account Registration

To use Spell, you must create an account by providing an email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Account Security

You agree to:

• Provide accurate and complete information
• Promptly update your information if it changes
• Use a strong, unique password
• Notify us immediately of any unauthorized access to your account
• Not share your account credentials with third parties

2.3 Age Restrictions

Spell is not intended for users under 13 years of age. By using Spell, you represent that you are at least 13 years old. If we learn that we have collected personal information from a child under 13, we will promptly delete that information.

3. User Content and Ownership

3.1 Ownership of User Content

You retain full ownership of all content you generate, upload, or create using Spell ("User Content"). We do not claim ownership of your documents, data, or other materials you create using our platform.

3.2 Limited License to Spell

You grant us a limited, non-exclusive, royalty-free license to use your User Content solely to:

• Provide and maintain the Spell service
• Improve the platform functionality
• Address technical issues
• Comply with legal obligations

This license is limited to the purposes stated above and does not allow us to:

• Sell your data to third parties
• Use your content to train AI models
• Access or reuse your content for purposes beyond providing the service

3.3 Data Protection and Privacy

We are committed to protecting your data and privacy. We will:

• Never sell your data to third parties
• Never use your content to train our or third-party AI models
• Store your data securely with industry-standard protections
• Only process your data as necessary to provide our services

3.4 Data Portability

You have the right to export and download your User Content at any time while your account is active.

4. Service Description and Subscription

4.1 Service Description

Spell is an AI-powered document creation platform that allows users to generate documents through natural language prompts using artificial intelligence.

4.2 Subscription Plans

We offer the following subscription plans:

• Free Plan: Limited usage based on number of words generated
• Pro Plan ($20/month): Higher usage limits for individual users
• Business Plan ($40/user/month): Organization-level access with permissions and access controls

4.3 Billing Cycles

Subscriptions are available on both monthly and annual billing cycles, at your choice at the time of purchase.

4.4 Subscription Changes

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes to subscriptions will take effect at the end of the current billing cycle unless otherwise specified.

4.5 Refund Policy

We may consider refund requests within 14 days of annual subscription purchase on a case-by-case basis, with no guaranteed refunds for monthly subscriptions or after significant platform usage. All refund requests will be evaluated at our sole discretion.

4.6 Usage Limits

Each subscription plan has specific usage limits based on the number of AI-generated words and other features. If you exceed these limits, you may be prompted to upgrade your subscription or wait until your usage limits reset.

5. Company Materials and Intellectual Property

5.1 Ownership of Platform

All platform software, branding, design elements, templates, algorithms, and other proprietary content ("Company Materials") belong to Spell or its licensors. Nothing in these Terms transfers ownership of Company Materials to you.

5.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Spell platform for its intended purposes according to these Terms and your subscription plan.

5.3 Restrictions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service
• Use any content scraping, data mining, or similar data gathering methods
• Reverse engineer or attempt to extract the source code of our software
• Remove any copyright, trademark, or other proprietary notices
• Create derivative works based on Company Materials
• Use our platform or name to develop a competing product or service

6. Acceptable Use Policy

6.1 Prohibited Activities

You may not use Spell to:

• Create, upload, or distribute illegal, harmful, threatening, abusive, defamatory, obscene, or offensive content
• Violate any laws or third-party rights, including intellectual property rights
• Upload malware or other malicious code
• Attempt to circumvent security features or gain unauthorized access
• Interfere with the operation of the platform or other users' experience
• Engage in spamming, phishing, or fraudulent activities
• Impersonate another person or entity

6.2 Enforcement

Violations of these acceptable use policies may result in:

• Content removal
• Warning notifications
• Temporary suspension
• Permanent account termination

We reserve the right to take appropriate action at our sole discretion.

7. AI Usage Policy

7.1 Third-Party AI Models

Spell uses third-party large language models (LLMs) from providers including OpenAI, Anthropic, DeepSeek, Google, and others to assist with document creation.

7.2 AI Limitations

By using Spell, you acknowledge that:

• AI-generated output may be inaccurate, incomplete, or inappropriate
• You are responsible for reviewing and verifying all content generated
• We cannot guarantee that AI-generated content will be free from bias, errors, or unintended outputs
• The platform is not suitable for generating life-critical, legal, medical, or financial advice

7.3 User Responsibility

You are solely responsible for:

• The prompts you provide to the AI
• Reviewing and editing AI-generated content
• Ensuring the accuracy and appropriateness of final documents
• Complying with applicable laws regarding content use

8. Privacy and Data Collection

8.1 Data Collection

We collect the following types of data:

• Account information (email and password)
• Usage data to improve our services
• Analytics data using tools such as Google Analytics, Google Search Console, Meta Ad Pixel, Google Ads, Amplitude, Segment, and Hotjar

8.2 Data Storage and Security

Your data is stored on servers located in the United States across various AWS data centers. We implement reasonable security measures to protect your data from unauthorized access.

8.3 Data Retention

We will retain your data for as long as your account remains active. Following account termination, we will retain your data for up to 90 days before permanent deletion.

8.4 Third-Party Services

We use third-party services for various purposes, including:

• Payment processing (Stripe)
• Analytics and usage tracking
• AI model providers (OpenAI, Anthropic, DeepSeek, Google, etc.)

These third parties may collect and process data according to their own privacy policies.

9. Termination

9.1 Termination by User

You may terminate your account at any time by following the instructions in your account settings or by contacting us. Upon termination, you will lose access to your subscription benefits, but your data will remain for 90 days.

9.2 Termination by Spell

We reserve the right to suspend or terminate your access to Spell at any time for violations of these Terms or for any other reason at our sole discretion, with or without notice.

9.3 Effect of Termination

Upon termination:

• Your access to Spell will cease immediately
• Subscription fees already paid are non-refundable unless otherwise specified
• Sections of these Terms intended to survive termination will remain in effect
• Your data will be retained for 90 days and then permanently deleted

10. Disclaimers

10.1 "As Is" Service

Spell is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Guarantees

We do not warrant:

• That the platform will be error-free or uninterrupted
• That defects will be corrected
• That the platform is free of viruses or other harmful components
• That AI-generated content will meet your expectations or requirements
• That content will be suitable for any specific purpose

10.3 AI-Generated Content

You acknowledge that AI-generated content may:

• Contain inaccuracies or errors
• Not be suitable for all purposes
• Require significant review and editing
• Potentially violate third-party rights if used without proper verification

11. Limitation of Liability

11.1 Liability Cap

To the maximum extent permitted by applicable law, in no event shall Spell, Inc., its officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.

11.2 Maximum Liability

Our total liability for any claims under these Terms shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim.

11.3 Exclusions

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury resulting from our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

12. Indemnification

You agree to defend, indemnify, and hold harmless Spell, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of Spell
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right
• Any content you create, submit, post, or display through Spell

13. Dispute Resolution

13.1 Arbitration Agreement

You and Spell, Inc. agree to resolve any disputes through binding arbitration rather than in courts of general jurisdiction. This includes any disputes arising out of or relating to these Terms, the platform, or your relationship with us.

13.2 Arbitration Process

The arbitration will be conducted by JAMS under its applicable rules. The arbitration shall take place in San Francisco, California, unless we both agree otherwise. Each party will be responsible for their own arbitration fees.

13.3 Class Action Waiver

You and Spell, Inc. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

13.4 Small Claims Exception

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them or your use of Spell shall be governed by the laws of the State of California, without regard to its conflict of law principles. If the arbitration provision is found unenforceable, you agree to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.

15. Changes to Terms

15.1 Modification Rights

We reserve the right to modify these Terms at any time by posting the amended terms on our website. Your continued use of Spell after such changes constitutes your acceptance of the revised Terms.

15.2 Notification

For material changes to these Terms, we will make reasonable efforts to notify you via email or by a notice on our website.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spell, Inc. regarding your use of Spell.

16.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our discretion without restriction.

16.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have any questions about these Terms or our platform, please contact us at:

Spell, Inc. 17242 Burford Ln Soulsbyville, CA 95372 United States Email: support@spellapp.com