TERMS OF USE

Thank you for using Spellty.
Please read these Standard Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you agree to these Terms, which constitute a legal agreement between you and Spellty Inc. (collectively, “Spellty,” “we,” or “our”).

Spellty is a communication and service integration platform that enables businesses and freelancers to manage their customer interactions using tools such as:

  • Spellty OTP: A multichannel service that sends one-time passwords (OTPs) via SMS, WhatsApp, and email for secure authentication.
  • Spellty Connect: A multi-agent platform for customer service on WhatsApp that allows you to manage conversations and supports chatbot integration.
  • Spellty Messaging API: A robust API for integrating messaging and automation capabilities into your systems or applications.
  • Spellty Campaigns: A tool to manage communication campaigns, allowing the sending of mass messages (in compliance with each channel’s policies).

The Service is provided through our website, https://www.spellty.com, and any other application or website owned, operated, or controlled by Spellty (collectively, the “Spellty Site”). Additionally, certain aspects of the Service may be integrated with other third-party platforms or tools, subject to additional policies published on the Spellty Site.

These Terms, together with our Acceptable Use Policy, API Policy, Copyright and Trademark Policy, Data Processing Addendum, and our Brand Guidelines (collectively, the “Agreement”), establish the conditions under which you may use the Service, as well as how we will treat your account and the information we collect and process about you, your end users, contacts, and customers. If you do not agree with these Terms, you must immediately cease using the Service.

IMPORTANT: Certain features, integrations, or functionalities (such as add-ons or additional tools) may be subject to additional terms or restrictions published on the Spellty Site. By using such functionalities, you agree to those additional terms.

I. Account

1. Eligibility

To use the Service, you must:

  • Be at least eighteen (18) years old and have the legal capacity to enter into contracts.
  • Complete the account registration process.
  • Accept these Terms and any other terms linked here that form part of the Agreement.
  • Provide true, complete, and up-to-date contact and billing information.
  • Not be located in jurisdictions subject to comprehensive sanctions or embargoes (e.g., Cuba, Iran, North Korea, Syria, sanctioned regions of Ukraine, Russia, etc.) or otherwise prohibited from using the Service under applicable laws.

By using the Service, you represent and warrant that you meet the above requirements and will not use the Service in violation of any laws. Spellty reserves the right to refuse service or close accounts in cases of non-compliance or changes in eligibility criteria.

2. Term of the Agreement

The Agreement begins when you register and accept these Terms and continues as long as you maintain an active Spellty account or until either you or Spellty terminates the Agreement in accordance with these Terms. If you register on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on its behalf.

3. Termination of the Account

You or Spellty may terminate the Agreement at any time and for any reason. Termination may occur by cancelling your Spellty account or by Spellty providing you with notice of termination. In the event of suspension or termination, Spellty may permanently delete your account and all associated data, including your Campaign data.

3 bis. Automatic Deletion of Unpaid, Inactive Accounts

If an account remains both (a) unpaid and (b) inactive (no successful log‑ins or API calls) for 90 consecutive calendar days, Spellty may, at its discretion and as part of its regular database‑curation process, permanently delete the account together with all related data (including Campaign data, message logs, and configuration settings).

Before deletion we will send at least two reminder notices to the primary email address on file. If you believe your account has been scheduled for deletion in error, please contact payments@spellty.com within the notice period.

4. Changes to the Terms and the Service

Spellty may modify these Terms by posting the revised version on the Spellty Site. If you continue using the Service, you will be deemed to have accepted the updated Terms. Spellty also reserves the right to modify, suspend, or discontinue any functionality of the Service (including Spellty OTP, Console, API, or Campaigns) without incurring any liability.

5. Account and Password Security

You are responsible for maintaining the confidentiality of your username and password, as well as for any activity that occurs in your account. You must immediately notify us of any unauthorized access or use of your account. Spellty is not responsible for any losses resulting from the disclosure or theft of your credentials.

6. Account Disputes

You are not entitled to request access to or information about accounts that do not belong to you. Any dispute regarding account ownership or access must be resolved directly between the involved parties. Spellty may temporarily suspend any account involved in a dispute until the matter is resolved.

II. Payments and Billing

Spellty offers the Service under different subscription plans and payment models (e.g., monthly subscriptions, annual subscriptions, or usage-based models) as detailed on the Spellty Site.

1. Subscription and Billing

  • By subscribing to a paid plan, you agree to recurring charges according to the applicable billing cycle (monthly or annual).
  • Charges will be made on the subscription start date and will be billed on a recurring basis unless you cancel your subscription.
  • It is your responsibility to keep your payment information up to date. Spellty may suspend the Service if payment cannot be processed.

2. Changes to Fees

Spellty reserves the right to modify fees and subscription plans at any time by posting the new pricing structure on the Spellty Site and/or notifying you via email. Changes will take effect in the next billing cycle unless otherwise agreed.

3. Refunds and Cancellations

  • Generally, no refunds will be provided for payments already made, except as provided under any money-back guarantee (e.g., a trial period or a 30-day guarantee on annual plans).
  • You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle, and no refunds will be given for charges already made.

III. Intellectual Property and Use of Content

1. Intellectual Property

Spellty owns all intellectual property rights in the Service, including but not limited to patents, trademarks, trade secrets, and copyrights. You do not acquire any rights in Spellty’s intellectual property except for the limited right to use the Service in accordance with these Terms.

2. Your Content

You retain all rights to the content, data, and information (collectively, “Content”) that you upload or generate using the Service (for example, campaign information, settings, etc.). However, by using the Service, you grant us a worldwide, non-exclusive, transferable, royalty-free license to use, reproduce, modify, display, and distribute such Content solely for the purpose of providing and improving the Service.

3. Feedback

If you provide suggestions or feedback (“Feedback”) regarding the Service, you agree that Spellty may use such Feedback without any obligation to compensate you.

IV. Privacy and Data Protection

Your privacy is important to Spellty. Please review our Privacy and Cookies Policy, which describes how we collect, use, and protect your personal information.

In providing the Service, Spellty will act as either a data processor or a controller as applicable in accordance with relevant data protection laws. By using the Service, you consent to the processing of your data as described in that policy.

V. Usage Guidelines and Conduct

1. Acceptable Use

By using the Service, you agree to:

  • Not send unsolicited messages (spam) or use purchased, rented, or third-party contact lists.
  • Comply with all applicable laws and regulations regarding the use of the Service’s features (e.g., sending Campaigns or OTP messages).
  • Not use the Service to disseminate content that promotes violence, discrimination, or harassment.

Spellty reserves the right to suspend or terminate your access to the Service if it determines that you are violating these rules or any other provision of these Terms.

2. Reporting Abuse

If you believe that a user is violating these Terms or that any content is inappropriate, please report it to our abuse team using the contact methods provided on the Spellty Site.

VI. Limitation of Liability and Disclaimer of Warranties

1. Limitation of Liability

To the maximum extent permitted by law, you agree that:

  • You are solely responsible for any damages or losses resulting from your use of the Service.
  • Spellty and its team shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, profits, or business interruption.
  • In any calendar month, the total liability of Spellty shall not exceed, under any circumstances, the amount you paid for the Service in the preceding month.

2. The Service is Provided “As Is”

The Service is provided “as is” without any warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Spellty does not guarantee that the Service will be uninterrupted, secure, or error-free, nor that it will meet your specific needs.

3. Indemnification

You agree to indemnify and hold Spellty, its affiliates, and its team harmless from any claims, damages, expenses (including legal fees), or losses arising from your use of the Service, your Content, or your breach of these Terms.

VII. Special Features and Use of Artificial Intelligence Technologies

1. Generative and Automation Features

Spellty may, in the future, integrate artificial intelligence (AI) features to assist in message creation, data analysis, or generation of recommendations (collectively, “AI Features”). By using these features, you acknowledge that:

  • The results generated (collectively, “Outputs”) are provided without a guarantee of accuracy, completeness, or suitability for legal or commercial purposes.
  • You are solely responsible for reviewing and validating any Output before using it in your campaigns or communications.
  • You grant Spellty a license to use and improve these features based on the data and inputs you provide.

2. Restrictions on the Use of AI

You agree to use any AI Feature in compliance with these Terms and Spellty’s Acceptable Use Policy, and not to use it to generate content that infringes on third-party rights or violates applicable law.

VIII. Disputes and Governing Law

1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the country or state where Spellty has its principal office, without regard to conflict of law principles.

2. Dispute Resolution

Any dispute or claim arising out of or related to these Terms or the use of the Service shall be resolved through binding arbitration or, if permitted by applicable law, in the courts of competent jurisdiction. The parties agree to attempt to resolve any dispute amicably before resorting to arbitration or litigation.

IX. Miscellaneous

1. Force Majeure

Spellty shall not be liable for delays or failures in the performance of any part of the Service due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, riots, wars, terrorist acts, or third-party service failures.

2. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

3. Waiver and Modifications

The failure of Spellty to enforce any provision of these Terms immediately shall not constitute a waiver of its right to enforce such provision in the future. Spellty may not modify these Terms at the request of any individual user.

4. Notices

Any notice regarding these Terms shall be deemed effective when sent to the last email or physical address provided in your account or when published on the Spellty Site.

5. Entire Agreement

These Terms, together with any additional terms to which you have agreed by enabling specific features (such as add-ons or integrations), constitute the entire agreement between you and Spellty regarding your use of the Service and supersede all prior agreements, representations, or understandings.

Update and Effective Date:
These Terms were last updated on 01/01/2025 and shall become effective as of that date.

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