Terms of Service
These Terms of Service (the "Terms") are an agreement between you and Levare Research Inc. ("Levare Research", "we", "us"), the company that operates Spellship, including www.spellship.com, app.spellship.com, the sites we host under spellship.app, and every related service (together, the "Service"). By creating a project, signing in or otherwise using the Service you accept these Terms and our Acceptable Use Policy, which is part of them. If you use the Service for a business or another organization, you accept these Terms on its behalf and confirm that you are authorized to do so; "you" then means that organization as well. If you do not agree, do not use the Service.
1. The Service
Spellship lets you describe a website or web application in plain language; an AI coding agent writes and changes its code, and Spellship tests it, deploys it to a beta environment and, at your request, to production. Depending on your plan, Spellship hosts the application on servers we operate and keeps its code in a repository we manage, or deploys to a server and a code repository that you provide. We may change, add or remove features at any time. Some features are in early access and may change or stop without notice.
2. Accounts
- Accounts are by invitation only. You must be at least 18 years old and able to enter a binding contract.
- Give us accurate information and keep it current. Keep your password and second factor secure, do not share your account, and tell us right away at [email protected] if you suspect unauthorized use. You are responsible for everything done through your account.
- We may refuse, suspend or close an account at our discretion, including under section 9.
3. Your content and your responsibility
"Your Content" means everything you or your users provide to, publish through, or have the agent create in the Service: your instructions, files, code, text, images, data, the websites and applications that are built, and anything they display or collect.
- You own Your Content and you are solely responsible for it, for the websites and applications you publish with the Service, and for how they are used. You confirm that you have every right, licence and consent needed for Your Content and that it, and its use, comply with the law and with these Terms.
- We are a technology and hosting provider, not a publisher. We do not create, select, review, endorse or control Your Content before it is published, and we are not responsible or liable for it or for any loss or claim arising from it, whoever suffers it.
- You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display and modify Your Content only as needed to provide, secure and improve the Service and to comply with the law. This licence ends when Your Content is deleted from the Service, except for copies we must keep under section 10.
- If your website or application collects personal information from its visitors, you are the one responsible for it: provide a privacy notice, obtain any required consent and comply with privacy, consumer protection, accessibility, e-commerce and anti-spam laws that apply to you.
4. AI-generated output
The agent produces code, text, images and other output from your instructions. AI output can be wrong, incomplete, insecure, or similar to material owned by others. You must review what is built before you approve it, promote it to production or rely on it. We do not guarantee that any output is accurate, secure, original, fit for a purpose or free of third-party rights, and we are not liable for output you approve, publish or use. You must not use the agent to create anything the Acceptable Use Policy prohibits.
5. Acceptable use
You and anyone using your projects must follow the Acceptable Use Policy. It forbids, among other things, anything illegal, including content or commerce related to illegal drugs, weapons, violence, terrorism, child exploitation, fraud, malware and infringement. We may update it at any time; the version on this site applies.
6. Third-party services
The Service relies on third parties, such as GitHub, Cloudflare, Stripe, hosting providers and AI model providers, and may use accounts, servers or API keys you provide. Their terms and policies govern your use of them, and we are not responsible for their services, availability or actions. If you give us access to your own server, repository or API key, you authorize us to use it to provide the Service, you remain responsible for it, for its costs and for its security, and you confirm you have the right to give that access.
7. Trials, plans and payment
- Plans, prices, resource limits (CPU, memory, disk) and monthly AI token budgets are shown when you choose a plan. Prices are in Canadian dollars and exclude applicable taxes, which you pay.
- A free trial requires a valid payment card. Unless you cancel before the trial ends, your subscription starts and your card is charged automatically at the end of the trial, and then every month until you cancel.
- Payments are processed by Stripe. You authorize us and Stripe to charge your payment method for all fees when due. You can cancel at any time from the billing page; cancellation takes effect at the end of the current period. Fees already paid are non-refundable except where the law requires otherwise.
- When a payment fails or a trial is cancelled, the project is suspended: its sites are taken offline and the agent stops. If the account is not brought up to date within 30 days, the project and its data are deleted (section 10).
- AI usage beyond your plan's monthly token budget stops until the next period, an upgrade, or until you add your own API key. Unused budget does not carry over. Resource limits are enforced by the Service; going over them can slow down or restart your application.
- We may change prices or plans with at least 30 days' notice by email; the change applies from your next period.
8. Our rights to investigate and take down
We may, at our sole discretion and without prior notice or liability, investigate, remove or disable access to any content, take any website offline, stop the agent, suspend or terminate any project or account, and refuse service when we believe in good faith that:
- these Terms or the Acceptable Use Policy are being violated, or might be;
- content or activity is illegal, harmful, fraudulent or infringing, or exposes us, our providers or others to risk or liability;
- we receive a credible complaint, a court order or a request from a law enforcement or regulatory authority; or
- it is needed to protect the security, integrity or availability of the Service or other customers.
Where reasonable and lawful we will tell you and may give you a chance to fix the problem, but we are not required to, especially for serious or repeated violations. We may preserve content and information and disclose them to authorities or to third parties when the law requires it or when we believe in good faith it is necessary to prevent harm or to respond to legal process. We report child sexual abuse material to the authorities. No fees are refunded when a project is suspended or terminated for a violation.
9. Suspension and termination
You may stop using the Service and cancel at any time. We may suspend or terminate your access under sections 7 and 8, or for any other reason with 30 days' notice. When your account or a project ends, your right to use the Service for it ends too. Sections 3, 4, 7 (amounts owed), 8, 10 and 12 to 17 survive termination.
10. Data, backups and deletion
- You are responsible for keeping your own copies of Your Content. We take reasonable care, but we do not guarantee backups or that data can be recovered, and we are not liable for loss or corruption of data.
- After a project is deleted, its sites, environments and data on our servers are removed and its code repository is archived. Before then you can ask us at [email protected] for a copy of the code or a transfer of the repository; we may charge a reasonable fee for a data export.
- We may keep information after deletion where the law requires it, for backups that expire on their own schedule, or to resolve disputes and enforce these Terms.
11. Personal information
We collect the information needed to run the Service: account details (name, email), sign-in and security records, billing records (handled by Stripe; we do not store full card numbers), usage and audit logs, and the content you submit. We use it to provide, secure and bill the Service, to communicate with you about it and to comply with the law. We share it only with the providers that operate the Service for us, when the law requires it, or as described in section 8. Questions or access requests: [email protected].
12. Our property
The Service, the Spellship name and logo, our software and our templates belong to Levare Research or its licensors. Apart from the right to use the Service under these Terms, you receive no rights in them. Code generated for your project from our templates is yours to use for that project. If you send us feedback, we may use it freely.
13. Disclaimer of warranties
To the maximum extent permitted by law, the Service, the agent and all output are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. We do not guarantee any level of availability, performance or security.
14. Limitation of liability
To the maximum extent permitted by law: (a) Levare Research, its directors, officers, employees and providers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or business opportunities, arising from the Service or these Terms, even if advised of their possibility; and (b) our total liability for all claims relating to the Service or these Terms is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim and CAD $100. These limits apply to every theory of liability and even if a remedy fails of its essential purpose.
15. Indemnity
You will defend, indemnify and hold harmless Levare Research, its directors, officers, employees and providers from and against all claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising from Your Content, the websites and applications you publish, your use of the Service, your violation of these Terms, the Acceptable Use Policy or any law, or your infringement of anyone's rights.
16. Copyright and other complaints
To report content hosted on the Service that infringes copyright or other rights, or that violates the Acceptable Use Policy, follow the reporting instructions and write to [email protected]. We forward copyright notices as required by Canada's Copyright Act, may remove or disable infringing material, and terminate the accounts of repeat infringers.
17. General
- Governing law. These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction, and you and we submit to them, except that we may seek urgent relief in any court.
- Changes. We may update these Terms. We will post the new version here with its effective date and, for material changes, tell you by email at least 30 days in advance. Using the Service after a change takes effect means you accept it.
- Entire agreement. These Terms and the Acceptable Use Policy are the whole agreement between you and us about the Service. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. You may not transfer these Terms without our written consent; we may transfer them to an affiliate or a successor. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices. We send notices to the email address on your account. Send notices to us at [email protected].
Contact
Levare Research Inc. · [email protected] · abuse reports: [email protected]