Terms of Service

1. Account Holders and Players

A bSpell account is created and managed by an Account Holder. An Account Holder must be at least 18 years old or otherwise legally able to enter into a binding agreement. An Account Holder may create and manage one or more Player profiles.

Player profiles are not independent bSpell accounts. Players do not need to provide an email address or other direct contact information to use a Player profile.

The Account Holder is responsible for:

• maintaining accurate account information;
• protecting account credentials;
• managing Player profiles associated with the account;
• ensuring that Player profiles are created and used only for people the Account Holder is authorized to manage;
• supervising use of the account where appropriate; and
• activity occurring through the account and its Player profiles.

If an Account Holder creates an account on behalf of an organization, the Account Holder represents that they are authorized to accept these Terms on behalf of that organization. If you believe an account or Player profile has been accessed without authorization, please contact us promptly.

2. Player Profiles

bSpell is designed to minimize the information associated with Player profiles. When a Player profile is created, bSpell provides a system-generated Player name by default.

An Account Holder may choose to change the Player name. If a custom name is used, it should not contain identifying information such as:

• a real first and last name;
• an email address;
• a phone number;
• a school name;
• an address; or
• other information that could reasonably identify the Player.

We encourage the use of system-generated names or non-identifying nicknames. bSpell does not require a Player to provide an age or date of birth. Instead, a Player profile may have a difficulty levelused to select appropriate spelling content. Difficulty level is not intended to determine or infer a Player's age.

Information about Player profiles and the information processed through bSpell is described in our Privacy Policy.

3. Player Access and PINs

A Player may access their Player profile using features provided by bSpell, which may include a Player PIN. Player PINs are intended to help prevent unauthorized access to Player profiles. Account Holders and Players are responsible for protecting Player PINs and should not intentionally share them with unauthorized persons. A Player PIN is an authentication mechanism for a Player profile and is not intended to identify the Player personally.

4. Free and Paid Plans

Free Plans

Free plans may include limits on:

• Player profiles;
• games;
• features;
• usage;
• storage; or
• other functionality.

We may change free-plan features or limits from time to time.

Paid Plans

Paid subscriptions may provide access to additional features, content, Player profiles, usage limits, or other benefits described at the time of purchase. Features included in a plan may evolve as bSpell develops.

5. Subscriptions, Billing, and Automatic Renewal

Paid subscriptions may be offered on a monthly, annual, or other disclosed billing period. The applicable subscription price and billing frequency will be shown before purchase.

By purchasing a subscription, the Account Holder authorizes the applicable payment provider to charge the selected payment method for:

• the subscription price;
• applicable taxes; and
• recurring renewal charges until the subscription is cancelled.

Unless otherwise stated at the time of purchase, paid subscriptions automatically renew at the end of each billing period until cancelled. Renewals will generally be charged at the then-current subscription price disclosed for the plan, subject to any required advance notice of price changes.

6. Payment Processing

Payments are processed by Stripe or another payment provider identified at the time of payment. Payment providers may collect information necessary to process a transaction, such as payment card details, billing information, transaction information, and fraud-prevention information. bSpell does not store complete payment card numbers. Payment services may also be subject to the applicable payment provider's terms and privacy practices. Player profiles are not used for payment processing.

7. Cancellation

An Account Holder may cancel a paid subscription using the billing or account controls made available by bSpell. Unless otherwise stated:

• cancellation stops future subscription renewals;
• cancellation takes effect at the end of the current paid billing period; and
• paid features remain available until the end of that period.

Deleting a Player profile does notautomatically cancel the Account Holder's subscription. Deleting a bSpell account also does not relieve the Account Holder of charges already incurred before cancellation.

8. Refunds

Payments are generally non-refundable once a billing period has begun, except where:

• required by applicable law;
• expressly stated as part of an offer or promotion; or
• bSpell determines that a refund is appropriate.

We generally do not provide partial refunds or credits for unused portions of a billing period. Nothing in these Terms limits refund rights that cannot legally be limited.

9. Promotions, Trials, and Discounts

bSpell may offer promotional pricing, coupons, credits, free trials, discounts, or other promotional offers. An offer may:

• be limited to eligible Account Holders;
• apply only to certain plans;
• have an expiration date;
• be limited to one use;
• convert to a paid subscription after a disclosed trial period; or
• contain additional terms presented with the offer.

Unless otherwise stated, promotions have no cash value and may not be transferred or combined with other offers.

10. Price Changes

We may change subscription prices. If a price change affects an existing paid subscription, we will provide reasonable advance notice before the new price applies to a future renewal. Where applicable law requires additional renewal, cancellation, or price-change notices, we will provide those notices.

11. Acceptable Use

You agree to use bSpell only for lawful and intended purposes. You may not:

• access or attempt to access an account, Player profile, or information you are not authorized to access;
• impersonate another person;
• misrepresent your authority to create or manage a Player profile;
• intentionally include unnecessary personal or sensitive information in a Player alias or submitted content;
• cheat or manipulate scores, rankings, streaks, achievements, or leaderboards;
• bypass authentication, subscription restrictions, rate limits, payment controls, or security measures;
• introduce malware, harmful code, or other material intended to damage or disrupt the service;
• interfere with bSpell's operation, infrastructure, or security;
• use automated systems or bots in a manner that interferes with or places unreasonable demand on bSpell;
• scrape, crawl, harvest, copy, or systematically extract bSpell content or data without written permission;
• reverse engineer the service except where such restriction is prohibited by law;
• resell, sublicense, or commercially exploit bSpell without written permission;
• use bSpell content or data to train or develop an artificial intelligence or machine-learning model without written permission;
• infringe another person's intellectual-property, privacy, or other legal rights; or
• use bSpell for unlawful, fraudulent, abusive, harmful, or inappropriate purposes.

We may use reasonable technical and administrative measures to prevent abuse and protect bSpell and its users.

12. Custom Words and Content

• operating and providing bSpell;
• improving spelling activities and educational content;
• developing new features;
• improving difficulty classifications and word recommendations;
• maintaining and expanding bSpell's word libraries; and
• incorporating submitted words into content that may be made available to other bSpell users.

Account Holders must not knowingly submit words or content that are:

• obscene or sexually explicit;
• hateful or discriminatory;
• threatening, abusive, or harassing;
• defamatory;
• intended to promote violence or illegal activity;
• inappropriate for the intended Player or educational context; or
• otherwise unlawful or inconsistent with these Terms.

13. Leaderboards and Game Features

bSpell may offer features such as leaderboards, competitions, rankings, scores, streaks, stars, achievements, or similar game features. These features may display limited information such as a Player alias, score, ranking, or achievement.

Because Player aliases may be visible to other users in certain features, Account Holders and Players should not use real names or other identifying information as Player aliases. bSpell may remove or change Player aliases that appear to contain inappropriate content or personal information. We may also remove, reset, adjust, or disqualify scores, rankings, or achievements that reasonably appear to have resulted from manipulation, abuse, technical errors, or violations of these Terms.

14. Feedback

If you provide ideas, suggestions, feature requests, comments, or other feedback about bSpell, you give us permission to use that feedback to develop, improve, market, and operate bSpell without restriction or compensation. This section applies to feedback about bSpell itself. It does not transfer ownership of custom word lists or other content submitted for use within an Account Holder's account.

15. bSpell Content and Intellectual Property

bSpell and its software, games, graphics, designs, interfaces, functionality, educational materials, text, trademarks, logos, and other content provided by bSpell are owned by bSpell or its licensors and protected by applicable intellectual-property laws. Subject to these Terms, bSpell grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the service for its intended purposes. These Terms do not transfer ownership of bSpell or its intellectual property to you.

16. Educational Purpose

bSpell is a supplemental spelling-practice and learning tool. bSpell does not guarantee:

• improvement in spelling ability;
• mastery of particular words or skills;
• particular educational outcomes;
• grades;
• academic performance;
• test results; or
• results under any particular curriculum.

Difficulty levels, scores, progress indicators, learning progress, recommendations, rankings, achievements, and similar features are intended to support practice and engagement. They should not be treated as formal educational assessments or professional educational advice.

17. Third-Party Services

bSpell relies on third-party providers to help operate the service, including providers of hosting, database infrastructure, network and security services, email, customer support, and payment processing. Third-party services may be subject to their own terms and privacy policies. Although we select providers intended to support reliable operation of bSpell, we cannot guarantee the availability or performance of services outside our control. Additional information about how service providers may process information is available in our Privacy Policy.

18. Changes to the Service

We may improve, modify, add, remove, suspend, or discontinue bSpell features from time to time. We may also make changes necessary for security, legal compliance, maintenance, reliability, fraud prevention, or continued product development.

We will make reasonable efforts to avoid materially reducing prepaid services without appropriate notice. If bSpell permanently discontinues a paid service during a prepaid subscription period and does not provide a reasonably comparable replacement, we may provide an appropriate prorated refund or account credit for the unused portion of the affected subscription.

19. Account and Player Deletion

Account Holders may delete Player profiles using available account controls or contact bSpell for assistance. Account Holders may also request deletion of their bSpell account.

Deleting a Player profile removes access to that Player profile through the product. Associated information is handled according to the deletion and retention practices described in our Privacy Policy. Deleting an account or Player profile does not automatically create a refund for previously paid subscription periods. We may need to verify certain deletion requests to help prevent unauthorized deletion or disclosure of account information.

20. Suspension and Termination

You may stop using bSpell at any time. We may suspend, restrict, or terminate access to the service if we reasonably believe that:

• these Terms have been materially violated;
• an account is being used fraudulently or unlawfully;
• an account or Player profile creates a security risk;
• payment for a paid service has failed or remains overdue;
• continued access could harm bSpell, another user, or another person; or
• suspension or termination is required by law.

Where practical, we may provide notice and an opportunity to correct a problem before termination. We may act immediately when reasonably necessary to protect security, prevent fraud or abuse, or comply with applicable law. Information associated with terminated or deleted accounts is handled according to our Privacy Policy.

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, bSpell is provided "as is" and "as available." We work to provide a reliable and useful service, but we do not guarantee that bSpell will:

• always be available;
• operate without interruption;
• be free from errors or defects;
• meet every user's particular needs; or
• produce any particular educational result.

To the maximum extent permitted by law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

22. Limitation of Liability

To the maximum extent permitted by applicable law, bSpell will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the service. To the maximum extent permitted by law, bSpell's total liability arising out of or relating to the service or these Terms will not exceed the greater of:

• $100; or
• the amount paid to bSpell by the Account Holder during the 12 months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot legally be limited or excluded. Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.

23. Responsibility for Claims Arising From Your Use

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless bSpell and its owners, officers, employees, and service providers from third-party claims, losses, liabilities, or reasonable expenses arising from:

• content you submit;
• your unlawful or unauthorized use of the service;
• your violation of another person's rights; or
• your material violation of these Terms.

This obligation does not apply to claims caused by bSpell's own unlawful conduct.

24. Disputes

Before filing a formal legal claim against bSpell, you agree to make a reasonable effort to resolve the dispute informally by contacting us. Please describe the nature of the dispute and the resolution you are requesting. We will likewise make reasonable efforts to resolve disputes informally.

Nothing in this section prevents either party from bringing an eligible claim in small-claims court or seeking urgent relief where reasonably necessary to protect legal rights, security, or intellectual property. These Terms do not require mandatory arbitration.

25. Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any court proceeding permitted under these Terms will be brought in a court with appropriate jurisdiction in Washington State, except where applicable law requires otherwise.

26. Changes to These Terms

We may update these Terms as bSpell evolves or legal requirements change. If we make a material change, we will provide reasonable notice to Account Holders, such as through the service or by email. If a change materially affects an existing paid subscription, we will provide any additional notice required by applicable law.

The effective date at the top of these Terms indicates when the current version became effective. Continued use of bSpell after updated Terms take effect constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

27. General Terms

These Terms, together with the Privacy Policy and any additional terms presented for a particular subscription, promotion, or feature, constitute the agreement relating to use of bSpell. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. If we do not enforce a provision immediately, that does not waive our right to enforce it later.

You may not transfer your bSpell account or your rights under these Terms without our permission. We may assign these Terms as part of a merger, acquisition, financing, reorganization, sale of assets, or similar business transaction. Provisions that by their nature should survive termination will continue to apply after an account or these Terms end. We are not responsible for delays or failures caused by circumstances reasonably beyond our control.

28. Contact Us

Questions about these Terms may be sent to:
bSpell
Email: bspellsupport@gmail.com