Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES

Change Notice (9 November 2026): We have changed our name from NHCarrigan to SpellWare. Only the name has changed. These Terms apply in the same way as before to services you used under our previous name.

1. INTRODUCTION AND DEFINITIONS

1.1. About These Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and SpellWare (“we,” “us,” “our,” or “the Company”). By accessing or using any of our applications, services, or platforms (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and all incorporated policies.

1.2. Incorporated Policies

These Terms incorporate by reference the following additional policies, which form an integral part of your agreement with us:

(a) Acceptable Use Policy: Detailed guidelines for appropriate use of our Services;

(b) Service Level Agreement and Warranty Disclaimer: Service expectations and comprehensive warranty disclaimers;

(c) Content and Moderation Policy: Standards and procedures for content and community moderation;

(d) Limitation of Liability and Indemnification Policy: Comprehensive legal protections and risk allocation;

(e) Export Control and Sanctions Compliance Policy: International trade compliance requirements;

(f) Privacy Policy: Data collection and processing practices;

(g) Data Subprocessors: Information about third-party data processing relationships.

1.3. Definitions

For the purposes of these Terms:

(a) “Application” means any software application, website, platform, or digital service owned or operated by SpellWare;

(b) “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials;

(c) “Services” means all applications, platforms, tools, and related services provided by SpellWare;

(d) “User” means any individual or entity that accesses or uses the Services;

(e) “Account” means any user account created to access specific features of the Services.

1.4. Acceptance of Terms

By using our Services, you represent and warrant that:

(a) You have the legal capacity to enter into this agreement;

(b) You are at least 13 years of age, or the minimum age required in your jurisdiction;

(c) You will comply with all applicable laws and regulations;

(d) All information you provide is accurate and complete.

1.5. Scope of Application

These Terms govern your use of all Services, including but not limited to:

(a) All websites and web applications operated by SpellWare;

(b) Mobile applications and desktop software;

(c) Application Programming Interfaces (APIs);

(d) Any related documentation, support, or auxiliary services.

2. MODIFICATIONS TO TERMS

2.1. Right to Modify

We reserve the right, at our sole discretion, to modify, amend, supplement, or replace any provision of these Terms at any time without prior notice. Such modifications shall be effective immediately upon publication on our Services.

2.2. Notification of Changes

We shall make reasonable efforts to notify users of material changes to these Terms through:

(a) Prominent notice on our primary website;

(b) Email notification to registered users;

(c) In-application notifications where technically feasible.

2.3. Acceptance of Modifications

Your continued use of the Services following the publication of modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must immediately discontinue use of all Services.

2.4. Version Control

The current version of these Terms shall always be available on our website. We may, at our discretion, maintain an archive of previous versions.

3. USER ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1. Age Requirements

By agreeing to these Terms, you represent and warrant that:

(a) You are at least 13 years of age, or such higher minimum age as may be required in your jurisdiction;

(b) If you are under 18 years of age (or the age of majority in your jurisdiction), you have obtained proper consent from your parent or legal guardian to use our Services;

(c) Your parent or legal guardian has reviewed and agreed to these Terms on your behalf, if applicable.

3.2. Account Creation and Management

Where account creation is required:

(a) You must provide accurate, current, and complete information during the registration process;

(b) You are responsible for maintaining the confidentiality of your account credentials;

(c) You must promptly notify us of any unauthorised use of your account;

(d) You accept full responsibility for all activities that occur under your account.

3.3. Account Termination Rights

We reserve the right to suspend or terminate your account immediately, with or without notice, if:

(a) You breach any provision of these Terms;

(b) You engage in conduct that we reasonably believe is harmful to other users or our business;

(c) Required by applicable law or regulation;

(d) For any other reason at our sole discretion.

4. PROHIBITED USES AND CONDUCT

4.1. Reference to Detailed Policies

Detailed prohibitions and conduct requirements are set forth in our Acceptable Use Policy, which is incorporated herein by reference. Users must comply with all provisions of the Acceptable Use Policy in addition to these Terms.

4.2. General Prohibition Summary

Without limiting the detailed provisions in our Acceptable Use Policy, users shall not use our Services for any unlawful purpose or in any manner that violates applicable laws, regulations, or the rights of others.

4.3. Intellectual Property Compliance

You acknowledge that all content and materials on our Services are protected by intellectual property laws. Unauthorised use may result in immediate termination and legal action. Detailed intellectual property obligations are set forth in our Acceptable Use Policy.

5. USER-GENERATED CONTENT

5.1. Content Licence Grant

By submitting any content to our Services, you grant SpellWare:

(a) A non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content;

(b) The right to sublicense such content to third parties;

(c) The right to use such content for any lawful purpose, including commercial purposes.

5.2. Content Representations

You represent and warrant that:

(a) You own or have the necessary rights to submit the content;

(b) The content does not infringe any third-party rights;

(c) The content complies with all applicable laws and these Terms.

5.3. Content Moderation

Content moderation standards and procedures are detailed in our Content and Moderation Policy, which is incorporated herein by reference. We reserve the right to moderate content in accordance with that Policy and may take appropriate enforcement actions for policy violations.

6. SERVICE AVAILABILITY AND MODIFICATIONS

6.1. Right to Refuse or Discontinue Service

We reserve the right, at our sole discretion and without prior notice, to:

(a) Refuse service to any person or entity for any reason;

(b) Modify, suspend, or discontinue any aspect of our Services;

(c) Impose limits on certain features or restrict access to parts of our Services.

6.2. Technical Limitations and Data Transmission

You acknowledge and accept that:

(a) Content may be transmitted over various networks and systems not under our control;

(b) Technical modifications may be necessary to conform to network requirements;

(c) We cannot guarantee the security or integrity of data during transmission;

(d) We are not liable for any loss, alteration, or unauthorised access to data during transmission.

6.3. Usage Restrictions

Without our express written consent, you shall not:

(a) Reproduce, duplicate, copy, sell, or exploit any portion of the Services;

(b) Use the Services for unauthorised commercial purposes;

(c) Access the Services through means other than our provided interfaces;

(d) Circumvent, disable, or interfere with security features;

(e) Engage in unauthorised framing, deep-linking, or mirroring.

7. INFORMATION ACCURACY AND LIABILITY

7.1. Information Disclaimer

We strive to provide accurate and current information through our Services. However, we make no representations or warranties regarding:

(a) The accuracy, completeness, or timeliness of any information;

(b) The suitability of information for any particular purpose;

(c) The availability or functionality of any service or feature.

7.2. User Responsibility for Information

You acknowledge and agree that:

(a) It is your responsibility to verify the accuracy of any information obtained through our Services;

(b) You should not rely solely on information from our Services for making important decisions;

(c) Any reliance upon information obtained through our Services is at your sole risk.

7.3. Updates and Corrections

We reserve the right to:

(a) Correct any errors, inaccuracies, or omissions at any time without notice;

(b) Update or modify information as necessary;

(c) Remove information that is outdated or no longer relevant.

8. THIRD-PARTY SERVICES AND CONTENT

8.1. Third-Party Integration

Our Services may integrate with or link to third-party services, applications, or content (“Third-Party Services”). Such integration does not constitute our endorsement of the Third-Party Services.

8.2. Third-Party Terms and Policies

Your use of Third-Party Services may be subject to separate terms of service, privacy policies, and other agreements with the third-party providers. You are responsible for reviewing and complying with such terms.

8.3. Disclaimer for Third-Party Services

We are not responsible for and make no warranties regarding:

(a) The availability, functionality, or security of Third-Party Services;

(b) The accuracy or completeness of third-party content;

(c) Any transactions or interactions with third parties;

(d) Any damages or losses resulting from your use of Third-Party Services.

9. PRIVACY AND DATA PROTECTION

9.1. Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to our processing of your personal information in accordance with our Privacy Policy and applicable data protection laws.

9.3. Data Security

Whilst we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that any transmission of data is at your own risk.

10. DISCLAIMERS AND WARRANTIES

10.1. Reference to Comprehensive Disclaimers

Comprehensive warranty disclaimers and service limitations are set forth in our Service Level Agreement and Warranty Disclaimer, and our Limitation of Liability and Indemnification Policy, both of which are incorporated herein by reference.

10.2. Summary Disclaimer

IMPORTANT: Our Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We disclaim all warranties including merchantability, fitness for purpose, and non-infringement.

10.3. Professional Advice Disclaimer

Information provided through our Services is for general purposes only and does not constitute professional advice. Users should consult qualified professionals for specific advice.

11. LIMITATION OF LIABILITY

11.1. Reference to Comprehensive Liability Limitations

Comprehensive liability limitations, damage exclusions, and maximum liability caps are set forth in our Limitation of Liability and Indemnification Policy, which is incorporated herein by reference and constitutes an integral part of these Terms.

11.2. Summary of Key Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY IS LIMITED AS SPECIFIED IN OUR LIABILITY POLICY.

11.3. Jurisdictional Adaptation

Liability limitations apply to the maximum extent permitted by applicable law in each jurisdiction, with provisions for jurisdictional adaptation as detailed in our Liability Policy.

12. INDEMNIFICATION

12.1. Reference to Comprehensive Indemnification

Detailed indemnification obligations, procedures, and scope are set forth in our Limitation of Liability and Indemnification Policy, which is incorporated herein by reference.

12.2. Summary of Indemnification

Users agree to indemnify SpellWare for claims arising from their use of Services, breach of terms, legal violations, and infringement of third-party rights, subject to the detailed provisions in our Indemnification Policy.

13. TERMINATION

13.1. Termination by Either Party

Either party may terminate these Terms at any time:

(a) You may terminate by discontinuing use of all Services;

(b) We may terminate immediately with or without cause or notice.

13.2. Effect of Termination

Upon termination:

(a) Your right to use the Services shall immediately cease;

(b) You must destroy all copies of any downloaded materials;

(c) Sections that by their nature should survive termination shall remain in effect.

13.3. Survival

The following sections shall survive termination of these Terms: Definitions, User-Generated Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other sections that by their nature should survive.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Washington State, United States, without regard to its conflict of law principles.

14.2. Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Washington State, United States. You consent to the jurisdiction of such courts.

14.3. Dispute Resolution

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any disputes through good faith negotiations for a period of at least thirty (30) days.

14.4. Class Action Waiver

You agree that any disputes shall be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding.

15. GENERAL PROVISIONS

15.1. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the complete and exclusive agreement between you and us regarding your use of the Services.

15.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15.3. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.4. No Waiver

Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or our right to enforce it in the future.

15.5. Electronic Communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, and other communications satisfy any legal requirement that such communications be in writing.

16. CONTACT INFORMATION

16.1. General Inquiries

For questions about these Terms or our Services, please contact us at:

Email: [email protected]

16.2. Legal Notices

All legal notices and formal communications should be sent to: