TEXTSPELL TERMS OF SERVICE

1. Parties & Agreement

These Terms of Service ("Terms") are a binding agreement between Zionverse LLC, a Delaware limited liability company with its principal business address at 131 Continental Dr Ste 305, Newark, Delaware 19713-4324, United States ("TextSpell," "we," "us" or "our"), and the individual or entity accessing or using the Service ("you" or "User"). If you accept these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization; in that case "you" means the organization. By accessing or using the Service, or clicking accept, you agree to these Terms and our Privacy Policy.

2. The Service

"Service" means the TextSpell website, web application, APIs, browser extensions, and any related features, content, or documentation we provide for AI‑assisted writing: grammar, spelling, clarity, tone suggestions, rewriting, summarization, and related productivity tools. We may modify features from time to time. If a change materially reduces core functionality you actively use, we will provide at least 30 days' advance notice (email, in‑app, or homepage banner) unless earlier change is required for legal, security, or performance reasons.

3. Accounts & Eligibility

You must be at least 13 years old (or older if required by local law). If you are under the age of majority in your jurisdiction, you represent you have parental/guardian consent. You must provide accurate registration information and keep it updated. You are responsible for safeguarding credentials and all activity under your account. Notify us promptly of any unauthorized use or security breach.

4. Acceptable & Prohibited Use

You agree not to:

1. Violate applicable law, intellectual property, privacy, or publicity rights.
2. Input or attempt to process personal data of others without proper consent or legal basis.
3. Use the Service to generate or disseminate: malware, exploit code, spam, phishing, doxxing, harassment, hate, terrorist content, or disinformation.
4. Use the Service for academic exam or assignment cheating or automated plagiarism.
5. Attempt to re‑identify anonymized data or extract underlying model parameters, source code, or trade secrets.
6. Circumvent usage limits, rate limits, authentication, or access control.
7. Perform automated scraping without our prior written consent (public indexing by standard search engines is permitted subject to robots.txt).
8. Misrepresent output as produced by a human where disclosure is legally required.
9. Use the Service in embargoed or restricted territories in violation of export or sanctions laws.
10. Benchmark for competitive analysis or build a substantially similar competing model or service using outputs, except as permitted by mandatory law.

We may suspend or terminate accounts for violations (see Section 15).

5. User Inputs, Outputs & License to TextSpell

"Inputs" mean text or other content you submit. "Outputs" mean model‑generated or processed content returned to you. Between you and TextSpell, and subject to third‑party rights (e.g., if you prompt the model with copyrighted text, or outputs contain publicly available facts), you own your Inputs and Outputs. You grant TextSpell a non‑exclusive, worldwide, royalty‑free license to host, process, transmit, display, and analyze Inputs and Outputs solely to (a) provide, maintain, secure, back up, and support the Service; (b) prevent abuse; and (c) improve quality (including model refinement) using aggregated or de‑identified data.

Feedback.

If you submit suggestions, feature requests, or feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use that Feedback for any purpose without obligation.

Residuals.

We may use generalized knowledge retained in unaided memory by our personnel from providing the Service, provided we do not intentionally use your Confidential Information (defined below) to compete with you.

6. Data Privacy & Security

Our Privacy Policy explains how we collect and use personal data. We implement commercially reasonable administrative, technical, and physical safeguards. No system is perfectly secure; promptly notify us of suspected vulnerabilities. You are responsible for legal compliance regarding personal data you input.

7. Confidential Information

"Confidential Information" means non‑public information disclosed by one party to the other that is identified as confidential or would reasonably be understood as confidential given the nature of the information and circumstances. It excludes information that is (a) public without breach; (b) independently developed without use of the discloser's info; (c) received lawfully from a third party without confidentiality duty; or (d) required to be disclosed by law (with prompt notice where lawful). Each party will use the other's Confidential Information only to perform under these Terms, applying reasonable care and at least the protections used for its own confidential info.

8. Payment, Plans & Billing

Paid plans require an active payment method. Billing Cycle. Plans bill in advance: monthly plans every month; annual plans every 12 months. Authorization. By subscribing you authorize recurring charges until you cancel. Upgrades. Upgrades are charged immediately with a pro‑rated credit for unused time in the current cycle where applicable. Downgrades. Take effect at the next renewal; features tied to a higher plan may become inaccessible after the downgrade becomes effective. Trials. If we offer a trial, you will be charged at the end of the stated trial period unless you cancel before it ends. Failed Payments. We may retry failed charges up to 5 times over 14 days; persistent failure may result in suspension or termination.

9. Taxes

Fees exclude taxes unless stated. You are responsible for VAT/GST, sales, use, or similar taxes arising from your purchases, except taxes on our net income. Where required, we will collect and remit taxes and may request tax identifiers.

10. Refunds & Cancellations

Except as required by law or expressly stated here, payments are non‑refundable and there are no credits for partial billing periods. Examples where we may issue a discretionary refund: (a) duplicate charge; (b) documented continuous Service unavailability exceeding 24 consecutive hours (excluding scheduled maintenance or third‑party outages); (c) mistaken plan upgrade reported within 48 hours. Cancellation. You may cancel at any time in the dashboard; cancellation stops future renewals, and access continues until the end of the current billing cycle. Upon termination or expiration we may retain backups for up to 30 days for disaster recovery, audit, or legal purposes, after which data is deleted or anonymized unless legally required to retain it.

11. Service Availability & Maintenance

We strive for high availability but do not guarantee uninterrupted Service. We may perform scheduled maintenance (typically announced in advance) and emergency maintenance without notice. We are not responsible for failures caused by the Internet, third‑party providers, or factors beyond our reasonable control (see Force Majeure).

12. AI Output Characteristics & Disclaimers

AI outputs are probabilistic and may be inaccurate, incomplete, offensive, infringing, or hallucinated. You are responsible for reviewing outputs and deciding how to use them. No Professional Advice. Outputs are not legal, medical, financial, academic, or other professional advice. Use at your own risk.

13. Intellectual Property; Reservation of Rights

TextSpell and its licensors retain all rights, title, and interest in and to the Service, including software, models, algorithms, interfaces, and trademarks, except for rights expressly granted in these Terms. No implied licenses. You may not remove proprietary notices or reverse engineer, decompile, or attempt to derive source code or models except to the limited extent allowed by mandatory law.

14. Open Source / Third‑Party Components

Portions of the Service may include third‑party or open source components governed by their own licenses. To the extent a third‑party license expressly conflicts with these Terms, that license controls for the applicable component.

15. Suspension & Termination

We may suspend or limit the Service (with notice where practical) if: (a) necessary for security, system integrity, or legal compliance; (b) you breach these Terms; or (c) your use risks harm or liability to other users or us. Either party may terminate for material breach not cured within 10 days after written notice. We may terminate inactive free accounts after 12 months of inactivity (login resets timer) with at least 15 days' notice. Sections 5–7, 9–13, 15–22 survive termination.

16. Representations & Warranties

You represent that you have all rights to Inputs you submit and that your use of the Service will comply with these Terms and law. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR ACCURACY OF OUTPUTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUES, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY YOU TO TEXTSPELL FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM OR (ii) USD $100. THESE LIMITATIONS DO NOT APPLY TO (1) YOUR PAYMENT OBLIGATIONS; (2) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY; (3) YOUR INDEMNITY OBLIGATIONS; OR (4) LIABILITY THAT CANNOT BE LIMITED BY LAW.

18. Indemnification

You will indemnify and hold harmless TextSpell, its affiliates, and their officers, directors, and employees from and against third‑party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your Inputs or Outputs (except to the extent caused by our modification beyond automated processing); (b) your breach of these Terms; or (c) your violation of applicable law or third‑party rights.

19. Beta & Experimental Features

We may label certain features as Alpha, Beta, Preview, or Experimental. Such features may be withdrawn at any time, may be less stable or secure, and are provided "AS IS" without SLA or warranty obligations.

20. Export & Sanctions Compliance

You may not access or use the Service if you are located in, under the control of, or a national or resident of any embargoed country or listed on any U.S. or other applicable government denied‑party list. You represent you are not prohibited from receiving exports.

21. Force Majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control (including natural disasters, war, terrorism, labor disputes, government actions, Internet or telecommunications outages, third‑party platform failures, or utility failures), provided the affected party uses reasonable efforts to mitigate and resume performance.

22. Changes to Terms

We may update these Terms. For material changes we will provide at least 30 days' advance notice (email, in‑app, or homepage banner). The notice will specify the effective date. Non‑material changes are effective upon posting. Continued use after the effective date constitutes acceptance.

23. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, excluding conflict of laws rules. The parties will attempt in good faith to resolve any dispute within 30 days by escalating it to executive management. If unresolved, the dispute will be litigated exclusively in the state or federal courts located in New Castle County, Delaware, and the parties consent to personal jurisdiction there. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

24. Notices

Notices to you may be provided via the Service, email to your registered address, or posting on our site. Legal notices to TextSpell must be sent to: Zionverse LLC, 131 Continental Dr Ste 305, Newark, Delaware 19713-4324, United States with a copy (which does not constitute notice) to legal@textspell.com.

25. Miscellaneous

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement and supersede prior agreements regarding the Service. If a provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our prior written consent (except assignment to a successor in interest of your entire business that assumes all obligations). We may assign freely in connection with reorganization, merger, acquisition, or asset transfer. No waiver is effective unless in writing. Headings are for convenience only.