Terms of Service

1. About the Site

The Site provides information about Spellguard and may allow you to submit inquiries, request a demo, join a waitlist, subscribe to updates, or otherwise communicate with us.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the Site. By using the Site, you represent that you meet this requirement and have the authority to enter into these Terms.

3. Privacy

Your use of the Site is subject to our Privacy Policy, available at spellguard.ai/privacy (the "Privacy Policy"), which explains how we collect, use, and disclose information.

4. Access to the Site

4.1 License

Subject to these Terms, Spellguard grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own informational or internal business purposes.

4.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
2. you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
3. you shall not access the Site in order to build a similar or competitive website, product, or service; and
4. except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update, or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

4.3 Modification

Spellguard reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Spellguard will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

4.4 No Support or Maintenance

You acknowledge and agree that Spellguard will have no obligation to provide you with any support or maintenance in connection with the Site.

4.5 Ownership

Excluding any User Content that you may provide (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Spellguard or Spellguard's suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. Spellguard and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

5. User Content

5.1 User Content

"User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., information provided when a user requests a demo on the Site). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.

You represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5.3) or any applicable law. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Spellguard.

Spellguard is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

5.2 License to User Content

You hereby grant Spellguard a non-exclusive, royalty-free, worldwide license to use, reproduce, and process your User Content only as reasonably necessary to (a) operate, maintain, and improve the Site, (b) respond to your requests (including demo requests, inquiries, waitlist requests, and support questions), and (c) provide Site-related communications you request or opt into.

Spellguard may share User Content with its service providers that process data on Spellguard's behalf solely to support the purposes above, subject to appropriate confidentiality and security obligations.

This license continues only for as long as Spellguard reasonably needs your User Content for the purposes described above, after which Spellguard will delete or de-identify it in accordance with our Privacy Policy and applicable law.

You retain all ownership rights in your User Content. Nothing in these Terms restricts other legal rights Spellguard may have to User Content, for example under applicable law or with your consent.

5.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy." You agree not to:

1. upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
2. send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
3. use the Site to harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent;
4. interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks;
5. attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
6. interfere with any other user's use and enjoyment of the Site; or
7. use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

5.4 Enforcement

We reserve the right (but have no obligation) to review any User Content and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content and/or reporting you to law enforcement authorities.

6. Feedback

If you provide Spellguard with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to Spellguard all rights in such Feedback and agree that Spellguard shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Spellguard will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Spellguard any information or ideas that you consider to be confidential or proprietary.

7. Spellguard Communications

7.1 Generally

You may have the opportunity to provide us with your email address. By providing your email address to us, you consent to receiving email communications from Spellguard. Communications from us and our affiliated companies may include communications about your use of the Site, updates concerning new and existing features on the Site, including Spellguard products and services available via the Site, and news concerning Spellguard and industry developments.

If you subscribe to our mailing list or otherwise opt in to receive marketing or promotional communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself.

You acknowledge that you are not required to consent to receive promotional emails as a condition of using the Site. Consent to these promotional messages is not required to access the Site.

7.2 Electronic Communications

The communications between you and Spellguard use electronic means, whether you use the Site or send us emails, or whether Spellguard posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Spellguard in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Spellguard provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

8. Indemnification

You agree to indemnify and hold Spellguard (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations.

Spellguard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Spellguard. Spellguard will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Third-Party Links and Applications; Release

9.1 Third-Party Links and Applications

The Site may contain links to third-party websites and services and applications for third parties (collectively, "Third-Party Links and Applications"). Such Third-Party Links and Applications are not under the control of Spellguard, and Spellguard is not responsible for any Third-Party Links and Applications. Spellguard provides access to these Third-Party Links and Applications only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them.

You use all Third-Party Links and Applications at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links and Applications, the applicable third party's terms and policies apply, including the third party's privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Applications.

9.2 Release

To the maximum extent permitted by law, you hereby release and forever discharge Spellguard (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including interactions with any other Site users or any Third-Party Links and Applications).

10. Disclaimers

The Site is provided on an "as-is" and "as available" basis, with all faults and no guarantees regarding outcomes or performance. Spellguard (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

11. Limitation on Liability

To the maximum extent permitted by law, in no event shall Spellguard (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Spellguard has been advised of the possibility of such damages.

Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50.00). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to access or use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately.

Spellguard will not have any liability whatsoever to you for any suspension or termination of your rights under these Terms.

13. Dispute Resolution; Arbitration; Class Action Waiver

Please read this carefully. It affects your rights.

13.1 Agreement to Arbitrate

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of any controversy, dispute, demand, count, claim, or cause of action) between you and Spellguard and our employees, agents, successors, or assigns, arising out of or relating to the Site or these Terms (collectively, "Disputes") will be resolved exclusively through binding and confidential arbitration, except as expressly provided below.

13.2 Arbitration Rules and Administration

Arbitration will be governed by the Federal Arbitration Act ("FAA"), not any state arbitration law. The arbitration will be administered by either the American Arbitration Association ("AAA") or JAMS, at the election of the party initiating the arbitration, and will be conducted before one arbitrator. Unless the parties agree otherwise, the arbitration will be conducted under the administrator's commercial arbitration rules, or if the arbitrator deems them applicable, the procedures for consumer-related disputes, as modified by these Terms.

Unless the parties agree otherwise, the arbitration will take place in Wilmington, Delaware, and may be conducted by video or telephone if permitted by the arbitrator and the applicable rules.

13.3 Waiver of Jury Trial

You and Spellguard agree that each is waiving the right to a trial by jury for any Dispute that is arbitrated.

13.4 Class Action Waiver; Representative Proceedings Prohibited

You and Spellguard agree that all Disputes must be brought in the parties' individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, consolidated, or representative proceeding, nor may the arbitrator award class-wide or representative relief.

13.5 Costs and Fees

Each side will pay its own attorneys' fees and expenses unless applicable law requires otherwise. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Spellguard will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Spellguard also reserves the right, in its sole discretion, to assume responsibility for all of the costs of the arbitration.

13.6 Exceptions to Arbitration

Notwithstanding the foregoing:

1. Either party may bring an individual action in small claims court if the claim qualifies and remains an individual claim.
2. Either party may seek temporary, preliminary, or emergency injunctive relief or other interim equitable relief from any court of competent jurisdiction in Delaware to preserve the status quo pending arbitration. A request for interim measures will not be deemed a waiver of the right to arbitrate.
3. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret may be brought in the state or federal courts located in the State of Delaware, and the parties agree to submit to the personal jurisdiction of such courts for these purposes.

13.7 Confidentiality; Privilege; Relief

The arbitrator will honor claims of privilege and privacy recognized at law. The arbitration will be confidential to the extent permitted by applicable law and the applicable arbitration rules. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. The arbitrator's award will be final and may be enforced in any court of competent jurisdiction.

13.8 Severability

If any portion of this Section 13 is found to be invalid or unenforceable, that portion will be severed and the remainder will remain in full force and effect, except that if the Class Action Waiver in Section 13.4 is found to be invalid or unenforceable, then this entire Section 13 (the arbitration agreement) will be null and void.

13.9 Governing Law; Venue

These Terms and any Disputes will be governed by the internal laws of the State of Delaware, without regard to its choice of law principles, except that the arbitration agreement in this Section 13 will be governed by the FAA.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute will be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.

13.10 Administrator Information

For more information on AAA, its rules, and how to file an arbitration claim, visit the AAA website or call AAA at 800-778-7879. For more information on JAMS, its rules, and how to file an arbitration claim, visit the JAMS website or call JAMS at 800-352-5267.

14. Export

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Spellguard Inc., or any products utilizing such data, in violation of the United States export laws or regulations.

15. Entire Terms

These Terms constitute the entire agreement between you and us regarding use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Spellguard's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Spellguard may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.

16. Copyright / Trademark

Copyright © 2026, Spellguard Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Spellguard's Marks will inure to Spellguard's benefit.

17. Changes to These Terms

We may update these Terms from time to time in our sole discretion. If we do, we will post the updated Terms on the Site and update the "Reviewed date" at the top of these Terms. Unless we state otherwise, updated Terms will be effective as of the time they are posted. By continuing to access or use the Site after the updated Terms are posted, you agree to be bound by the updated Terms.

18. Contact Us