Last Updated: July 2, 2024
Welcome to Spellbinder. Please read the following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “ Terms”), carefully before you start to use spellbinder.ai, including any content, functionality and services offered on or through spellbinder.ai (collectively, the " Website"). These Terms and any other policies, conditions and disclaimers referenced in these Terms or otherwise required to access certain features of the Website (the “ Additional Terms”) govern your access to and use of the Website. These Terms are a binding agreement between you and Spellbinder AI, Inc. (“ Spellbinder”, “ we”, or “ us”). In these Terms, the words “include” and “including” will not be construed as terms of limitation.
You also acknowledge that you have read and understood how your personal information may be collected, used, and shared, as set forth in our Privacy Policy, found at spellbinder.ai/privacy (" Privacy Policy"), incorporated by reference.
Acceptance of these Terms
By using the Website, you represent and warrant that you are of legal age and competent to form a binding contract with Spellbinder, and you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or if you do not meet the foregoing eligibility requirements, you must not access or use the Website.
Changes to the Terms
We may revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Account Security
You may be asked to create an account and specify a password in order to use certain services or features on the Website. To create an account, you must be of legal age, and you must provide truthful and accurate information about yourself. If you are accepting these Terms on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.
If you choose or are provided with a password or any other form of authentication as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security.
Accessing and Using the Website
Please do not use our Website in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with our Website or any products or features on our Website (including any technological measures we employ to enforce these Terms). For instance, you agree not to:
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Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
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Access or attempt to access or use the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
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Attempt to interfere with or disrupt the proper working of the Website, or restrict or inhibit any other person from using the Website, as determined in Spellbinder’s sole discretion;
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Scrape, duplicate, reproduce, copy, republish, license, sell, trade, or resell the Website or any of its content for any purpose, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Spellbinder;
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Divert or attempt to divert Spellbinder customers to another website, mobile application, or service;
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Sell, share, or otherwise transfer any account username, password, or other information, or your rights or obligations under these Terms;
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Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
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Use the Website to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including but not limited to privacy rights;
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Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
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Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
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Modify, adapt, translate, reverse engineer, probe, scan, test, decompile, or disassemble any portion of the Website, except and to the extent required by third party licensing terms governing use of certain open source components that may be included; or
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Use a false email, impersonate any person or entity, or falsely state or imply or otherwise misrepresent your affiliation with any person or entity in connection with the Website.
If Spellbinder (in our sole discretion) determines you have acted inappropriately or violated these Terms, Spellbinder reserves the right to prohibit you from using our Website, or take appropriate legal actions.
When you use the Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating an account, or otherwise providing us with your contact information, you are agreeing that we or our agents may contact you at such contact information in a manner consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Spellbinder, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Spellbinder name, Spellbinder logo and all related names, logos, product and service names, designs and slogans are trademarks of Spellbinder or our affiliates or licensors. You must not use such marks without the prior written permission of Spellbinder. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Using our Website does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Website unless you obtain permission from Spellbinder or its owner, or unless you are otherwise permitted by law.
All rights not expressly granted to you are reserved by Spellbinder.
If you believe that material on the Website infringes your intellectual property rights, you may request the removal of the material by contacting us at legal@spellbinder.ai.
Feedback
You may choose to, or we may invite you to, submit comments, feedback or ideas about our products, services, or Website, including without limitation how to improve our products, services, or Website (“ Feedback”). By submitting any Feedback, (1) you agree that Feedback is non-confidential and provided voluntarily by you; and (2) you grant us a worldwide, perpetual, irrevocable, royalty-free license to any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever, including, without limitation, for the improvement, marketing, and promotion of Spellbinder and our products, services, or Website; provided, however, that we do not attribute Feedback to you or any of your employees or contractors. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not guarantee any results. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Spellbinder, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spellbinder. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Termination
We may modify the Website, including adding, amending, suspending, or removing functionality, features, material, and content on the Website, and we may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you agree to immediately cease accessing or using the Website and agree not to access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that we reserve the right to take action — technical, legal, or otherwise — to block, nullify, or deny your ability to access the Website. You understand and agree that we may exercise this right in our sole discretion, and this right shall be in addition to, and not in substitution for, any other rights and remedies available at law or in equity to us.
All provisions of these Terms which by their nature should survive termination shall survive the termination of your use and access to Website, including, without limitation, provisions regarding intellectual property, warranty disclaimers, indemnity, and limitations of liability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPELLBINDER NOR ANY PERSON ASSOCIATED WITH SPELLBINDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPELLBINDER NOR ANYONE ASSOCIATED WITH SPELLBINDER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SPELLBINDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SPELLBINDER, OUR AFFILIATES, OR OURS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Spellbinder, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services and products, other than as expressly authorized in these Terms.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the Chancery Court of the State of Delaware in each case, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Spellbinder of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spellbinder to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms (and Additional Terms, as applicable) constitute the sole and entire agreement between you and Spellbinder with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature or service.
Contact Us
If you have any questions, comments, or concerns about these Terms, you can contact us by email: hello@spellbinder.ai.