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Terms of Service

Effective Date: March 19, 2025

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and ByteSpell, LLC (“Company,” “we,” “us,” or “our”), governing your use of shellA and any other solutions provided by ByteSpell (“Service”).

By accessing, downloading, installing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service. If you use the Service on behalf of a company or organization, you confirm that you have authority to bind them to these Terms.

2. Company Information & Contact

ByteSpell, LLC is a limited liability company (LLC) based in Oklahoma, USA.

For any inquiries related to these Terms, you may contact us via email.

3. Description of Service

ByteSpell offers a variety of software solutions, including shellA, a SaaS desktop application that provides AI-powered file automation and management tools using OpenAI’s APIs.

  • Users do not need to supply their own OpenAI API key. The Service integrates OpenAI’s APIs internally.
  • Users are responsible for their actions when using shellA or other solutions. The Company is not responsible for file deletions, modifications, or unintended system changes caused by shellA or any other ByteSpell solutions.

4. Eligibility & Age Restriction

To use shellA or any other ByteSpell solutions, you must:

  • Be at least 18 years old, or the legal age of majority in your jurisdiction.
  • Have the legal capacity to enter into these Terms.

5. Subscription, Billing, and Cancellation

5.1 Subscription & Billing

  • Plans: shellA offers monthly and annual subscription plans.
  • Automatic Billing: Your payment method will be charged automatically at the start of each billing cycle.
  • Payment Processing: We may use third-party payment processors, and your payment details will be handled securely by them.

5.2 Refunds & Cancellations

  • No Refunds: All fees are non-refundable, even if you cancel before the end of a billing cycle.
  • Cancellations: You may cancel your subscription at any time, and cancellation will be effective at the next billing cycle.
  • Banned Accounts: If your account is terminated for a violation of these Terms, you will not be eligible for a refund.

6. Acceptable Use & User Responsibilities

By using shellA, you agree that you will NOT:

  • Use the Service for illegal, fraudulent, or unauthorized purposes.
  • Interfere with or disrupt the Service or OpenAI’s APIs.
  • Attempt to reverse-engineer, copy, modify, or resell the software.
  • Use shellA in a manner that could harm, disable, or overburden our servers.
  • Attempt to bypass our rate-limiting policies.

User Responsibility for File Actions:

You acknowledge that shellA interacts with your file system. The Company is not responsible for any file deletions, corruptions, or system modifications caused by user actions.

7. API Usage & Rate Limiting

• shellA integrates OpenAI’s API internally. Users do not manage their own API keys.

• Excessive API usage is rate-limited to ensure fair access for all users.

• The Company does not guarantee the availability of OpenAI’s API—service interruptions may occur if OpenAI’s API is unavailable.

8. Data Handling & Privacy

8.1 Data We Collect & Store

We may collect and store basic user information, including:

  • Email addresses for account management and billing.
  • Usage data to monitor system performance.

8.2 Data We DO NOT Store

  • shellA does not store user-generated content, chat messages, or file contents in a database.
  • Full file structures—data is only transmitted temporarily for processing.

User data is transmitted to OpenAI for processing but is not stored permanently by ByteSpell.

By using shellA, you consent to this data processing.

9. Intellectual Property Rights

  • Ownership: The Service, including all software, trademarks, and content, is the exclusive property of ByteSpell, LLC.
  • User Content: Users retain ownership of their data but grant the Company a limited, non-exclusive license to use it for service functionality.

10. Confidentiality & Security

  • Confidentiality: Both parties agree to protect confidential information from unauthorized use or disclosure.
  • Security: We use industry-standard security measures but cannot guarantee absolute protection from cyber threats.

11. Disclaimers & Limitation of Liability

11.1 No Warranties

shellA is provided “as is” and “as available” without warranties of any kind. We do not guarantee:

  • That the Service will be error-free, uninterrupted, or meet specific performance expectations.
  • That OpenAI’s API will always be accessible.

11.2 Limitation of Liability

To the maximum extent permitted by law, ByteSpell is NOT liable for:

  • Indirect, incidental, consequential, or punitive damages.
  • Loss of data, financial losses, or business interruptions.

Users accept full responsibility for any file deletions or modifications caused by shellA.

12. Termination of Service

  • We may suspend or terminate your account if you violate these Terms.
  • Engage in fraudulent or illegal activity.
  • Abuse or attempt to exploit the Service.

No refunds will be issued for terminated accounts.

13. Modifications to the TOS & Pricing

  • We reserve the right to update these Terms at any time.
  • Continued use after changes means acceptance of the new Terms.

14. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Oklahoma, USA. Disputes may be resolved in Oklahoma state or federal courts. We may opt for binding arbitration instead of litigation.

15. Export Compliance

Users agree to comply with U.S. export control laws, including:

  • The Export Administration Regulations (EAR).
  • Economic sanctions maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC).

16. Entire Agreement & Severability

These Terms constitute the entire agreement between users and the Company. If any provision is found invalid, the remaining Terms remain in full effect.

17. Contact Information

For questions about these Terms, email us at:

ashley@bytespell.com