Terms of Service

Effective Date: March 19, 2025

Last Updated: April 08, 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.

Definition of the Service: For the purposes of these Terms, “Service” refers to shellA, a desktop application that provides AI-powered file automation and management tools, as well as any related software, websites, APIs, documentation, support, or features offered by ByteSpell, LLC.

1.1 Third-Party Login Providers

Users may access the Service by authenticating through third-party identity providers such as Microsoft Entra ID or Google. By using these providers, you agree to their respective terms of service and privacy policies. ByteSpell does not store passwords or manage the creation of accounts directly and is not responsible for the functionality or security of third-party login systems.

2. Company Information & Contact

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

• Registered Address: 1812 Pioneer Street Oklahoma City, OK 73108
• Email Contact: ashley@bytespell.com
• Website: bytespell.com

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.

Free Trials & Beta Access: From time to time, we may offer free trials or beta access to new features. These are offered without guarantees and may be discontinued at any time.

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.

The Service includes automated features powered by third-party AI services. While these tools are designed to follow user instructions, ByteSpell does not guarantee the accuracy or reliability of AI-generated outputs. You are solely responsible for verifying all results and for any actions performed using the Service, including deletions, modifications, or conversions of your files.

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.
• Any damage or harm to your computer system, software, or hardware that results from your use of the Service, including situations where user actions or instructions cause irreversible modifications or render your system inoperable.

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.
• Changes will be posted to our website and are considered effective once published.

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

You are entirely responsible for ensuring that the Content, and your conduct in connection with your use of the Service, complies with all applicable laws and regulations, including but not limited to export and import regulations. You are prohibited from using of the Service or exporting any Content or technology to any jurisdiction prohibited by the United States export control laws. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government, or if such use is otherwise in violation of U.S. or other applicable law.

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. Indemnification

You agree to indemnify, defend, and hold harmless ByteSpell, LLC and its affiliates, officers, directors, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

18. Third-Party Services

The Service may integrate with or depend on third-party services such as OpenAI, Stripe, or others. ByteSpell makes no warranties about, and is not liable for, the availability, performance, or conduct of any third-party service. Use of third-party services may be subject to additional terms and conditions from those providers.

19. Notice of Changes

We may revise these Terms from time to time. When changes are made, the updated Terms will be posted on our website. Your continued use of the Service after any updates constitutes acceptance of those changes.

20. Free Trials and Beta Access

From time to time, ByteSpell may offer free trials or beta versions of the Service. These are provided “as is” with no guarantees, warranties, or obligations to continue offering such trials. Features may be changed or discontinued without notice.

21. DMCA & Copyright Complaints

If you believe content hosted by ByteSpell infringes your copyright, you may file a DMCA notice by emailing us at ashley@bytespell.com. Your complaint must include the information required by the Digital Millennium Copyright Act.

22. Enterprise Contracts

In cases where a separately negotiated enterprise contract exists between you and ByteSpell, that agreement shall take precedence over these Terms to the extent of any direct conflict.

23. No Professional Advice

The Service may provide suggestions, analysis, or content generation capabilities. Such outputs are for informational purposes only and do not constitute legal, financial, or professional advice. You should consult appropriate professionals before acting on any information generated by the Service.

24. Contact Information

For questions about these Terms, email us at:

ashley@bytespell.com

25. Entire Agreement

These Terms, together with any amendments and Orders, will constitute the entire agreement between you and ByteSpell, LLC concerning the Service and supersedes and replaces any prior or contemporaneous understandings and agreements regarding the subject matter hereof.