Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Inkspell ("we", "our", or "us") governing your use of the Inkspell mobile application, the related website at app.theinkspell.com, and any associated services (collectively, the "App"). By creating an account, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

Our public website at theinkspell.com is informational and has no accounts, uploads, or purchases. Most of these Terms therefore do not apply to simply visiting it; what does apply is set out in Section 18.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country, whichever is higher) to use the App. By using the App you represent that you meet this requirement and have the legal capacity to enter into these Terms.

The App is not directed to children under 13. If you are a parent or guardian and believe your child has provided us their information, contact us at support@theinkspell.com.

2. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly at support@theinkspell.com if you suspect unauthorised use.

You may close your account at any time from within the App or via our account deletion page.

2.1 Anonymous use and onboarding

The App allows you to start an onboarding quiz, generate a companion portrait, browse a curated sample of the App's features (the "Sample"), and purchase a subscription before you create a permanent account. During this period you are using the App under a temporary anonymous identifier issued by Firebase Authentication. These Terms apply to your anonymous use of the App in the same way they apply to use with a registered account.

If you complete the onboarding flow and create a permanent account, your anonymous identifier is upgraded in place — your quiz answers, generated portrait, and any subscription you purchased while anonymous are transferred to your new account automatically. The unique identifier we use internally does not change.

If you abandon the onboarding flow without creating a permanent account, your anonymous identifier and any data attached to it are automatically deleted after 30 days. You will lose access to anything stored under that identifier, including any active subscription. If you wish to recover a subscription purchased anonymously, sign up before that 30-day window expires.

The Sample is provided for evaluation purposes only. It uses fictional content authored by us and does not represent a real processed book in your library. Features that would create or modify data on our systems (such as uploading your own book or generating additional portraits) are disabled while you are in the Sample.

3. Your uploaded content

The App allows you to upload book files (EPUB, PDF, and similar formats) and other content (collectively, "Your Content") to use Inkspell's features. The following terms govern Your Content.

3.1 You retain ownership

You retain all rights, title, and interest in and to Your Content. Inkspell does not claim ownership of any book file you upload. We do not acquire any rights to Your Content beyond the limited license described in Section 3.3.

3.2 You are solely responsible for Your Content

You represent and warrant that, with respect to every file or piece of content you upload:

• You own the content or have obtained all rights, licences, and permissions necessary to upload it and to allow us to process it as described in these Terms and our Privacy Policy.
• The content is authentic, lawfully obtained, and does not infringe the copyright, trademark, trade secret, privacy, publicity, moral rights, or other rights of any third party.
• The content complies with all applicable laws and regulations in your jurisdiction and in any jurisdiction where the App is available.
• The content does not contain malware, viruses, or other malicious code.

We do not pre-screen or verify the authenticity, originality, or legality of Your Content. The responsibility for Your Content rests solely with you. You agree to indemnify and hold Inkspell harmless from any claims, losses, damages, or expenses arising out of Your Content or your breach of this Section 3.2.

3.3 Limited licence to operate the App

You grant Inkspell a non-exclusive, worldwide, royalty-free licence to host, store, process, analyse, and use Your Content solely for the purpose of operating the App and delivering its features to you. This licence terminates when you delete the relevant content or close your account, except for backup copies retained for the period described in our Privacy Policy and as required by law.

3.4 We do not distribute Your Content

Inkspell does not share, sell, license, publish, or otherwise distribute Your Content to other users or to third parties. Your uploaded book files are processed on our infrastructure to power your reading aids and remain inaccessible to other users of the App.

3.5 Ownership warranty

You may only upload books you lawfully own or are otherwise authorized to use. By uploading a file you represent and warrant that your possession and our processing of it do not infringe any third party's rights. We may suspend accounts that repeatedly upload infringing content.

4. Our intellectual property

The App and all of its content, code, design, branding, trademarks, and any reading aids generated by the App — including but not limited to entity glossaries, character profiles, biographies, relationship maps, chapter summaries, recap text, and any other AI-generated or editorial output (collectively, the "Inkspell Materials") — are the exclusive property of Inkspell. They are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms and an active subscription where required, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Inkspell Materials within the App for your own personal, non-commercial reading experience. The licence terminates immediately when your subscription ends, your account is closed, or these Terms are terminated.

You may not: (a) copy, reproduce, distribute, display, perform, publish, or commercially exploit the Inkspell Materials; (b) modify, translate, or create derivative works of the Inkspell Materials; (c) reverse-engineer, decompile, or disassemble the App; (d) scrape, extract, or systematically download the Inkspell Materials; or (e) use the Inkspell Materials to train any machine-learning model or similar system without our prior written consent.

The Inkspell Materials are derivative works produced by us and are not assigned or transferred to you by virtue of your having uploaded a related book file. You acquire no ownership interest in the Inkspell Materials.

5. Subscriptions, payments, and refunds

Some features of the App require a paid subscription ("Scholar" or "Archmage") and/or the purchase of consumable in-app items ("Ink Drops"). All payments are processed by the relevant app store (Google Play or the Apple App Store). Inkspell does not access your payment card details.

Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. Manage or cancel your subscription in your Google Play or Apple App Store subscription settings. Pricing, billing periods, and benefits are displayed at the time of purchase.

Refunds are governed by the policies of the relevant app store. Inkspell does not directly issue refunds for store-mediated purchases. Statutory refund rights in your jurisdiction (including any cooling-off period under applicable consumer protection law) are not affected.

Ink Drops are virtual items with no monetary value and cannot be redeemed for cash. Subscription-granted Ink Drops reset at each billing cycle; purchased Ink Drops do not expire while your account is active.

6. Acceptable use

You agree not to use the App to:

• Upload, process, or distribute content that infringes third-party rights or violates any law.
• Engage in unauthorised redistribution of copyrighted material, piracy, or any activity that facilitates such conduct.
• Reverse-engineer, decompile, scrape, or otherwise attempt to extract source code, models, or Inkspell Materials from the App.
• Interfere with or disrupt the App, its servers, networks, or other users.
• Attempt to access another user's account or content.
• Use the App to develop a competing service or to train or evaluate any machine-learning model, AI system, or similar technology, except with our express written consent.
• Misrepresent your identity, age, or affiliation, or impersonate any person or entity.
• Engage in any activity that is fraudulent, abusive, harassing, defamatory, or otherwise unlawful.

7. Disclaimers

The App is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or quiet enjoyment.

The reading aids generated by the App are produced by automated AI processes. While we work to make them useful, we do not warrant that they are accurate, complete, free of errors, spoiler-free in every edge case, or suitable for any particular purpose. You should rely on the original source material for authoritative information.

We do not guarantee that the App will be uninterrupted, error- free, or secure. We are not responsible for any consequences of your reliance on the App or its output.

8. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Inkspell or its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of the App, even if Inkspell has been advised of the possibility of such damages.

Inkspell's aggregate liability to you for any and all claims arising out of or relating to these Terms or the App shall not exceed the greater of (a) the total amount you have paid Inkspell in the twelve months preceding the claim, or (b) US$50.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In those jurisdictions, the limitations above apply only to the extent permitted by law, and nothing in these Terms limits any liability that cannot be limited under applicable law (such as liability for gross negligence, intentional misconduct, or in jurisdictions with consumer protection statutes that grant non-waivable rights).

9. Misuse — your responsibility

Inkspell is not responsible for any misuse of the App, including without limitation: uploading content you do not have the right to upload; using the App in a manner that violates applicable law; relying on AI-generated reading aids in situations where authoritative information is required; or any consequence of your decisions made on the basis of the App's output. You assume sole responsibility for your use of the App and for any third-party claims arising from it.

10. Indemnification

You agree to defend, indemnify, and hold harmless Inkspell, its affiliates, and their respective officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your use of the App; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party right.

11. Suspension and termination

We may suspend or terminate your access to the App at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in unlawful or harmful conduct, or for any other reason permitted by law.

You may stop using the App and close your account at any time. Sections that by their nature should survive termination — IP ownership, disclaimers, limitation of liability, indemnification, and dispute-resolution provisions — survive any termination of these Terms.

12. Third-party services

The App relies on third-party services including Google Firebase, Google Cloud Platform, Google AI / Gemini, RevenueCat, fal.ai, and the Google Play and Apple App Store payment systems. Their use of your data is governed by their respective terms and privacy policies, summarised in our Privacy Policy. Inkspell is not responsible for the acts or omissions of third-party providers.

13. Changes to the App and these Terms

We may modify or discontinue features of the App at any time. Material changes to these Terms will be communicated via in-app notice or email at least 7 days before they take effect. Your continued use of the App after the effective date of any change constitutes acceptance of the revised Terms. If you do not accept the change, you must stop using the App.

The "Effective date" at the top of this page reflects the most recent revision.

14. Governing law and disputes

These Terms are governed by the laws of the Argentine Republic, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your country of residence apply.

Any dispute arising out of or relating to these Terms or the App will, where permitted, be subject to the exclusive jurisdiction of the ordinary courts of the Autonomous City of Buenos Aires, Argentina. Nothing in this section affects your right to bring proceedings in your country of residence under non-waivable consumer protection law.

15. General

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Inkspell regarding the App.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right does not constitute a waiver of that right.
• Assignment. You may not assign these Terms without our written consent. We may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network or service outages, or strikes.

16. Copyright complaints

If you are a rights holder and believe a file processed through the App infringes your copyright, send a written notice to support@theinkspell.com. To help us act quickly, your notice should include:

• identification of the copyrighted work you claim has been infringed;
• enough information for us to locate the material (for example, the title and author of the book, and the account or email associated with the upload if you know it);
• your name, address, and email so we can contact you;
• a statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law; and
• a statement that the information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf.

On receiving a valid notice, we will promptly remove or disable access to the file we verify to be infringing. If you believe your content was removed by mistake, you may send a counter-notice to the same address explaining the basis for your belief.

Repeat-infringer policy. We keep a record of copyright notices we act on. In appropriate circumstances, and as a general matter after we have acted on two or more valid notices against the same account, we will terminate that account's access to the App. We may terminate sooner for egregious or clearly wilful infringement. This policy applies regardless of whether the account is on a paid plan, and no refund is owed for an account terminated for repeated infringement.

17. Contact

Questions about these Terms? Contact us at support@theinkspell.com.

18. Our website (theinkspell.com)

theinkspell.com is our public, informational website. You do not need an account to use it, nothing is uploaded to it, and nothing is sold through it. The following applies when you visit it:

• Content — The text, artwork, video, and design on the website are ours and are protected as described in Section 4. You may link to the website freely. You may not copy its content for your own commercial use, or present it as your own.
• The launch waitlist — You may optionally give us your email address to be told when the App is released. That is all we use it for: one announcement, no newsletter, no marketing. You can ask us to delete it at any time. How it is handled is described in Section 14 of our Privacy Policy.
• No promises about release dates — The website describes the App, including features and availability that may change. Nothing on it is a commitment to release on a particular date, in a particular country, on a particular platform, or at a particular price.
• Third-party stores — Links to the App Store and Google Play take you to services operated by Apple and Google under their own terms, not ours.
• Availability — The website is provided as is. We do not guarantee it will always be reachable, and the disclaimers and limitation of liability in Sections 7 and 8 apply to it.

19. Third-party software

The App includes open source software provided by third parties under their own licenses. Those components remain the property of their respective authors and are not covered by the license we grant you in these Terms. The applicable copyright notices and licenses are reproduced at Open Source Licenses.