Nodespell Terms and Conditions
Effective date: 3 August 2026
Last updated: 3 August 2026
1. Who we are and what these Terms cover
Nodespell is operated by Niutron Creative Limited, a company registered in England and Wales under company number 13610851, with its registered office at 27 Hindsleys Place, Forest Hill, London, England, SE23 2NF (“Nodespell”, “we”, “us” or “our”).
These Terms and Conditions (“Terms”) govern your access to and use of Nodespell’s websites, applications, creative-workflow tools, AI generation features, collaboration features, APIs, and related services (together, the “Service”).
Our Privacy Notice explains how we handle personal information. Additional terms shown at checkout, beside a model or feature, or in an order form may also apply. If additional terms conflict with these Terms, the more specific terms apply to the relevant feature or purchase.
These Terms apply when you accept them, create an account, or access or use the Service. Immediately beside the Create account button or equivalent account-creation action, we will state that selecting it means you:
- confirm that you are at least 18 years old;
- agree to the current version of these Terms; and
- acknowledge that you have been shown the current Privacy Notice.
For an account holder, selecting that action is the primary record that you accepted these Terms; a separate checkbox is not required. Access to or use of an API, public or shared feature, or another part of the Service that does not require account creation is also subject to these Terms after they have been made reasonably available to you. Merely viewing a public marketing page does not by itself create a contract.
If you use the Service for a company or other organisation, you also confirm that you have authority to bind it. In that case, “you” includes that organisation.
If you do not agree, do not use the Service.
2. Important definitions
In these Terms:
- “Content” means Inputs, Prompts, Outputs, project and workflow data, files, comments, profile information, and other material submitted to or created through the Service.
- “Input” means any image, video, audio, voice, text, data, file, or other source material you or an authorised collaborator provide.
- “Prompt” means an instruction, description, parameter, workflow, node setting, or other direction used to request or control a generation.
- “Output” means material returned by an AI model or other processing feature in response to an Input or Prompt.
- “Generation Bundle” means the Input, Prompt, and Output associated with one generation or transformation.
- “Training Assets” means Inputs, captions, labels, Prompts, settings, or other material you deliberately provide for Custom Training.
- “Custom Training” means a feature through which you direct the Service to train or fine-tune a private LoRA, adapter, or similar custom model weight for your use.
- “Custom Model” means the LoRA, adapter, or other custom model weight produced through Custom Training.
- “Workspace” means a personal, Team, Studio, organisation, or other collaborative area in the Service.
- “Workspace Administrator” means a person authorised to manage a Workspace, its members, billing, or settings.
- “Eligible Free Generation” has the meaning in section 9.
3. Eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Service. You must not use the Service if applicable law prohibits you from doing so.
If you accept these Terms for an organisation, you confirm that the organisation is properly formed, that you have authority to accept on its behalf, and that the organisation is responsible for its authorised users.
We intend to make the Service available internationally, but this does not guarantee availability in every country or territory. You must not access or use the Service where doing so would be unlawful or would breach applicable trade, sanctions, export-control, or import laws.
We may restrict or stop availability in a location where reasonably necessary because of law, sanctions, a provider or payment restriction, security, or our ability to support the Service there.
4. Accounts and security
You must provide accurate, current account information and keep it updated. You are responsible for activity carried out through your account, except to the extent caused by our failure to use reasonable care.
You must:
- keep passwords, authentication codes, API keys, and other credentials confidential;
- use only your own account, unless you are an authorised user of a Workspace;
- promptly tell us at info@nodespell.com if you suspect unauthorised access; and
- follow any reasonable security measures we require, including email verification or multi-factor authentication.
You must not sell, transfer, share, or provide account credentials or API keys to an unauthorised person. We may require you to re-authenticate for sensitive actions.
5. Workspaces, teams, and collaboration
Your personal Workspace and personal account remain under your control. Joining a Team, Studio, or organisation Workspace, or using a work email address, does not by itself give that organisation access to your personal Workspace or transfer your personal account to it.
Team, Studio, and organisation Workspaces are controlled by their Workspace owner or customer. Members may be able to access, copy, edit, run, download, or share Content according to their role, the Content’s visibility, and the Workspace settings. You are responsible for choosing collaborators carefully and granting appropriate permissions.
Depending on the available product controls and a member’s role, Workspace owners or Administrators may add or remove members, assign permissions, manage billing and settings, access Workspace Content and activity made available to them, and transfer, restrict, or delete shared Workspace Content. An owner may have to transfer control or complete the available closure steps before leaving a Workspace.
Content placed in a Team, Studio, or organisation Workspace remains under that Workspace’s service-level control when the member who created or uploaded it leaves or is removed. The departing member loses future access unless the Workspace owner or Administrator grants it again. Content in the member’s personal Workspace is not transferred merely because of the membership change. Copies that another authorised member downloaded or exported before the change cannot necessarily be withdrawn.
These Workspace-control rules do not decide copyright or other ownership disputes between an organisation and its personnel. As between you and Nodespell, section 8 applies to Content rights. Each person who places Content in a shared Workspace confirms that they have authority to do so and to allow the Workspace customer and its authorised members to use it through the Service.
If you join a Workspace controlled by an organisation, that organisation’s internal policies may apply in addition to these Terms. Section 16 explains how an individual account-deletion request affects Content that remains controlled by another Workspace.
6. The Service and AI providers
Nodespell provides tools for building and running creative workflows. Some features send Inputs, Prompts, settings, or other necessary data to third-party AI model or inference providers to generate Outputs.
The available models, providers, features, prices, speed, quality, and technical limits may change. A model may be unavailable, removed, or replaced. We may set reasonable limits to protect the Service, manage capacity, comply with provider terms, or prevent abuse.
Model-specific terms or restrictions may be displayed before use. You must comply with them. If a provider’s restriction conflicts with a general permission in these Terms, the model-specific restriction applies to that model.
We do not promise that every model will remain available or that a workflow will produce the same result when rerun.
If we provide an API, you must use it only through authorised credentials and in accordance with its documentation, rate limits, technical restrictions, and any additional API terms. You must keep API keys secure and must not expose them in a client application or give them to an unauthorised person. We may change, deprecate, or discontinue an API or version, with reasonable notice where practicable.
A feature identified as beta, preview, experimental, early access, or similar may be incomplete, change materially, or be withdrawn. Do not rely on such a feature for a use that requires uninterrupted availability, fixed behaviour, or permanent storage. Any additional beta terms shown before access apply to that feature.
7. Plans, credits, and billing
7.1 Plans and prices
Plan features, usage limits, storage, project limits, included credits, billing intervals, and prices are shown in the Service or at checkout. They form part of your agreement with us for that purchase.
Prices are shown in the currency stated at checkout. Taxes may be calculated and collected based on the billing information and law that apply to your purchase.
We use Stripe to process payments and manage billing. Stripe handles your payment-card details under its own privacy terms. We do not receive your full payment-card number.
7.2 Subscriptions and renewal
A paid subscription renews automatically for the interval shown at checkout unless you cancel it before renewal. We will charge the payment method associated with the subscription at the then-applicable price disclosed in accordance with law.
You may cancel through the account controls provided in the Service. Unless the Service or applicable law says otherwise, cancellation stops future renewal and your paid plan continues until the end of the current paid period.
An upgrade or a switch from monthly to annual billing may take effect immediately. We will show the immediate charge or credit, any proration, the new plan, and the next renewal before you confirm it. A downgrade, cancellation, or switch from annual to monthly billing takes effect at the next renewal unless we expressly offer a different option.
If you schedule another renewal change before an earlier scheduled change takes effect, the last change you expressly confirm replaces the earlier one. We will identify the effective date before confirmation.
We may change prices for a future renewal by giving the notice required by law. If you do not agree to the new price, you may cancel before it takes effect.
If a payment fails, the payment provider may retry it. We may notify you, restrict paid features, or suspend the subscription while an amount remains overdue. We do not promise a fixed payment-failure grace period. Where practicable, we will provide a way to update billing details and restore paid access after payment.
7.3 Consumer cancellation and refunds
Nothing in these Terms limits a mandatory cancellation, cooling-off, refund, repair, repeat-performance, price-reduction, or other consumer right.
Except where law requires otherwise or we expressly state otherwise, payments are final and non-refundable. Cancelling a subscription does not produce a pro-rata refund for the unused part of the current billing period. A discretionary refund or credit in one case does not oblige us to provide one in another.
If you are a consumer with a statutory cooling-off right and ask us to begin providing the Service during that period, you expressly request immediate performance. Where applicable, you acknowledge that:
- you may have to pay a proportionate amount for Service already provided if you cancel before it is fully performed;
- a right to cancel digital content may be lost once supply begins after the consent and acknowledgement required by law; and
- consumed credits, completed generations, or other completed digital performance may affect the amount refundable to the extent the law permits.
We will provide any durable confirmation, cancellation form, refund, or other remedy required by applicable law.
7.4 Credits
Credits are limited Service-use units. They are not money, stored value, or a deposit; they cannot be redeemed for cash; and they may not be sold or transferred unless we expressly allow it.
The credit cost of a generation may vary by model, settings, duration, resolution, or provider cost. We will display or make the applicable cost reasonably available before use.
Included subscription credits reset on the schedule shown for the plan and do not roll over unless we expressly say otherwise. Purchased top-up credits may have different validity rules, which will be shown at purchase.
For the current self-serve policy:
- standard Starter, Pro, Pro Plus, and Studio subscription credits expire at the end of their monthly entitlement period and do not roll over;
- purchased top-up credits expire 12 months after purchase and do not roll over beyond that fixed expiry;
- cancelling or changing a plan does not accelerate a top-up credit’s stated expiry, unless the related purchase is refunded, reversed, or subject to fraud or chargeback action; and
- trial, referral, promotional, compensation, or enterprise credits may have the separate expiry and conditions shown when granted.
We may correct a credit balance affected by error, fraud, chargeback, refund, or duplicate grant. We will not remove valid paid credits arbitrarily.
8. Your Content and Outputs
8.1 Your Inputs
As between you and Nodespell, you retain the rights you have in your Inputs. These Terms do not transfer ownership of your Inputs to us.
You grant Nodespell a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, format, display to you and your authorised collaborators, and otherwise process your Content only as reasonably necessary to:
- provide and operate the Service;
- send a generation request to the AI provider or provider route used for the run, including a fallback provider where applicable;
- maintain, secure, troubleshoot, and support the Service;
- enforce these Terms and protect rights and safety;
- comply with law and valid legal process; and
- exercise any additional permission you expressly grant, including the Free Generation Licence in section 9.
This operational licence lasts for as long as reasonably necessary for those purposes, subject to the deletion and retention terms below.
8.2 Your responsibility for Content
You are responsible for your Content and its use. You confirm that:
- you own the Content or have every right, licence, permission, and lawful basis needed to submit and use it;
- you have obtained any necessary permission relating to a person’s face, body, voice, identity, privacy, publicity, or personal information;
- your Content and intended use do not infringe intellectual property, confidentiality, privacy, data-protection, contractual, or other rights;
- your Content does not breach these Terms or applicable law; and
- where you are acting for an organisation, you are authorised to grant the licences in these Terms.
Do not submit confidential, regulated, or highly sensitive material unless the applicable plan, provider information, and your own legal obligations permit it.
8.3 Rights in Outputs
Nodespell does not claim ownership of your Outputs. As between you and Nodespell, you retain any rights you have in an Output and, to the extent Nodespell obtains any rights in it, we assign those rights to you when it is created, subject to:
- your compliance with these Terms;
- any plan-specific or model-specific restriction;
- third-party rights in an Input or Output; and
- the Free Generation Licence, where applicable.
This assignment does not mean that an Output is legally protectable, unique, non-infringing, or free of third-party rights. AI systems may produce the same or similar material for different users, and law may not recognise intellectual property rights in some Outputs.
An Output created in a free personal context may be used only for personal, non-commercial evaluation, learning, or experimentation unless the Service expressly grants broader rights for that Output. It must not be used commercially.
An Output created while the applicable personal or shared Workspace is covered by an active Starter, Pro, Pro Plus, Studio, or other paid plan may be used for any lawful purpose, including commercial purposes. That commercial-use permission continues if the subscription later ends or changes. Upgrading later does not automatically grant commercial rights to an Output previously created in a free context.
Commercial-use status is determined by the plan and Workspace context at the time of generation, not merely by whether the particular run consumed a free, trial, referral, promotional, subscription, or top-up credit.
A model may have a narrower licence or restriction, including personal-use-only, editorial-use-only, attribution, distribution, streaming, resale, or other limits. Any model-specific restriction clearly shown in the Service or the applicable model information before use overrides the general plan permission for that model.
These are contractual permissions from Nodespell, not a warranty that your proposed use is lawful or that copyright exists. You remain responsible for checking Outputs and obtaining any clearance required for your use.
8.4 Model training
Nodespell does not use your Inputs, Prompts, or Outputs to train or fine-tune its own generative AI models merely because you use the Service, make Content available to collaborators, or grant the Free Generation Licence.
This restriction does not prevent Nodespell from using feedback, technical information, structured product-interaction and Usage Data, and aggregated or de-identified usage information to operate, secure, analyse, and improve the Service, provided that use does not train or fine-tune a generative AI model on your Content. Recording that a product action occurred, where or how it occurred, and whether it succeeded does not permit Nodespell to include the associated Input, Prompt, Output, or edit content in ordinary telemetry.
An AI provider may have different data-use terms for a particular model or route. Any provider permission to use Content for model training or its own product improvement must not be inferred from Nodespell’s general operational licence. Nodespell will identify a material provider-specific exception in the model information or immediately before use, together with any applicable provider terms.
Where that notice says that a provider may train on or otherwise use submitted Content for its own models or products, you may choose whether to use that model or route. Nodespell will prefer a no-training route where one is reasonably available, but does not promise that every offered model has the same provider terms.
We will not materially expand Nodespell’s own training rights over existing Content through a hidden or retroactive change. If Nodespell proposes to train or fine-tune a generative AI model on user Content in the future, we will explain the affected Content, purpose, and choices before that use begins and obtain any new agreement or consent required by law.
8.5 User-requested Custom Training (if offered)
If the Service expressly offers Custom Training, you may direct Nodespell to process your Training Assets to create a Custom Model for your own use. This user-requested processing is not permission for Nodespell to train its own generally available AI models or to add your Training Assets or Custom Model to a Nodespell training dataset.
Custom Models will be private by default. A Custom Model will be available for use only to:
- the person who created it;
- authorised members of the personal, Team, Studio, or organisation Workspace in which it is stored; and
- another person with whom an authorised user deliberately shares it using an available sharing control.
Nodespell and its service providers may access or process Training Assets and Custom Models only as reasonably necessary to provide, secure, support, or comply with law in relation to Custom Training. They will not be published or made available to unrelated customers by default.
As between you and Nodespell, you retain the rights you have in the Training Assets. Nodespell does not claim ownership of a Custom Model. To the extent Nodespell obtains transferable rights in a Custom Model, we assign those rights to you or the applicable Workspace customer when it is created. This is subject to the rights and restrictions that apply to the underlying base model, training provider, third-party material, and law.
You confirm that you have all rights, permissions, and lawful bases needed to use every Training Asset for Custom Training and to permit any sharing you choose. Custom Training remains subject to the prohibited-use rules in these Terms.
9. Eligible Free Generations and the Free Generation Licence
9.1 What is an Eligible Free Generation?
An “Eligible Free Generation” is a generation that:
- is clearly labelled in the Service as eligible for the Free Generation Licence;
- is made in a free personal context, not a paid, Team, Studio, organisation-owned, collaborator-owned, or otherwise designated private context;
- occurs only after you have affirmatively accepted the then-current Free Generation Licence; and
- is preceded by or accompanied by the required inline notice beside the Generate, Run, rerun, or variation action.
Using free, trial, referral, or promotional credits does not by itself make a generation eligible. A paid or collaborative generation remains excluded where the product marks it private, even if no money was charged for that particular run.
Content created before the applicable acceptance and inline notice is not retroactively eligible.
9.2 The generation-time notice
For every Eligible Free Generation, the Service will prominently explain, immediately before or beside the action:
Free-tier notice: This creation is not private. It will not be published automatically, but Nodespell may select and publish the source Input, Prompt/instructions, and Output together as a model example or in Nodespell promotional, marketing, or sales materials. Most creations are not selected. Use a paid plan for private creation.
By selecting Generate or Run, you confirm you have the rights and permissions required for these uses and accept the Free Generation Licence.
The wording may be adjusted for layout without changing its substance. It must not say that every generation is already public.
9.3 Licence you grant
For each Eligible Free Generation, you grant Nodespell a worldwide, non-exclusive, royalty-free, fully paid licence to:
- internally review the complete Generation Bundle;
- select it within 12 months after it is generated;
- reproduce, format, crop, resize, transcode, caption, translate, and technically adapt the selected bundle without materially misrepresenting it;
- publish and display the Input, Prompt, and Output together or in the combination reasonably needed to demonstrate the generation;
- use the selected bundle in Nodespell model or node examples, before-and-after demonstrations, websites, documentation, galleries, social-media posts, advertising, presentations, launch materials, and sales materials; and
- distribute the selected bundle through service providers and channels reasonably needed for those Nodespell uses.
Nodespell may select only a small subset. Content is not automatically published merely because it is eligible.
Nodespell may publish a selected bundle immediately after the internal review in section 9.5. There is no voluntary pre-publication veto or waiting period. We may send an informational notice at or after selection or publication, but that notice does not create an opt-out or delay.
9.4 What this licence does not cover
The Free Generation Licence does not permit:
- training or fine-tuning an AI model on the Generation Bundle;
- stock-library or dataset-style licensing;
- merchandise;
- standalone resale of the Generation Bundle;
- suggesting that you endorse Nodespell, a model provider, or a campaign when you do not; or
- unrelated third-party commercial reuse.
Any materially broader use requires a separate, clear agreement.
9.5 Review before publication and later reuse
Before first publication, Nodespell must carry out an internal rights and safety review proportionate to the proposed use. The review must consider at least:
- ownership and licence evidence;
- copyright, trademark, and other intellectual property;
- personal information, likeness, voice, and publicity rights;
- confidentiality and trade secrets;
- sexual, exploitative, abusive, hateful, violent, deceptive, or otherwise harmful content;
- minors and vulnerable people;
- unlawful content and applicable synthetic-media disclosures;
- attribution, context, and risk of a false endorsement; and
- whether the proposed presentation would materially misrepresent the creation or creator.
Nodespell may reuse an already-selected bundle in later in-scope examples or campaigns without renewed creator permission, including after the creator upgrades. Each materially new use must receive a fresh internal review covering rights, safety, attribution, context, confidentiality, likeness/privacy, and endorsement risk.
9.6 Duration and account changes
Nodespell must first select an Eligible Free Generation within 12 months after it is generated. If we do not select it during that period, this licence no longer permits a first selection.
The 12-month deadline does not itself require removal of a bundle already selected and published. Upgrading to a paid plan does not retract the licence for an Eligible Free Generation created before the upgrade or require removal of an existing example.
If you delete your account before we select an eligible bundle, we will not newly select it after the account closes. If we have already selected or published a bundle, the licence survives account deletion. The selected bundle may remain available and may be reused for the in-scope purposes in this section without a fixed expiry, until Nodespell retires it or a rights, safety, legal, or policy reason requires restriction or removal.
After account deletion, we will remove or anonymise public account attribution where reasonably practicable unless attribution remains necessary, legally required, or separately agreed. We may retain a limited internal record of the accepted licence, generation and bundle identity, review, selection, publication, reuse, and any complaint or takedown for as long as the example remains in use and for six years after its final retirement or removal.
9.7 No voluntary opt-out; legal rights remain
Free credits are part of the consideration for the Free Generation Licence. After you accept and make an Eligible Free Generation, there is no voluntary preference opt-out from the licence.
This does not limit non-waivable rights or legally required complaint and takedown routes. You or another rights-holder may report alleged copyright or trademark infringement, misuse of a likeness or voice, privacy or data-protection harm, non-consensual intimate imagery, unlawful content, or another legal violation under section 13.
9.8 Sensitive source material
The Service will require heightened confirmation when you provide source media, a real person’s likeness or voice, or potentially confidential material for an Eligible Free Generation.
You should use a paid/private context instead if you cannot authorise possible publication of the complete Generation Bundle.
10. Sharing and publication you control
Content is not public merely because you store it in an ordinary private project. It may become accessible to others when:
- you invite collaborators;
- you move it into a shared Workspace;
- you create or enable a public link;
- you publish it to a profile, showcase, gallery, or community feature;
- you submit it for review or support; or
- it is selected under the Free Generation Licence.
Before sharing, check the visibility setting and the rights of everyone whose material, likeness, voice, or personal information appears in the Content.
Once Content is public, other people may copy, download, capture, index, repost, or retain it outside Nodespell’s control. Removing the Nodespell copy may not remove copies held by others or search-engine caches.
11. Acceptable use
You must use the Service lawfully, safely, and in a way that respects others.
You must not upload or submit Content as an Input or Prompt, ask the Service to create it, generate it, store it, share it, publish it, or distribute it if it:
- is pornographic or sexually explicit, including explicit sexual acts or sexualised nudity;
- sexually exploits or endangers a child, or depicts a child in sexualised circumstances;
- is non-consensual intimate imagery or sexual content made or shared without all required consent;
- credibly facilitates sexual exploitation, trafficking, grooming, or abuse;
- infringes intellectual property, privacy, data-protection, publicity, confidentiality, or contractual rights;
- unlawfully impersonates a person or uses a person’s face or voice without required permission;
- is fraudulent, defamatory, harassing, threatening, hateful, or unlawfully discriminatory;
- promotes or facilitates terrorism, violent extremism, serious violence, or unlawful weapons activity;
- provides instructions intended to facilitate crime, evasion of law enforcement, or serious harm;
- exposes authentication credentials, financial details, government identifiers, health information, or other highly sensitive personal information without authority;
- is designed to deceive people about a material fact, source, identity, event, endorsement, or authorship in a harmful or unlawful way;
- interferes with elections or civic processes unlawfully;
- violates sanctions, export controls, or another applicable law; or
- otherwise creates a material risk to the rights, safety, or security of a person, Nodespell, or the public.
You must not:
- bypass safety, billing, access, rate, storage, or usage limits;
- probe, scan, or test the Service for vulnerabilities without our written permission;
- introduce malware or use the Service to disrupt a system;
- scrape or extract the Service or other users’ Content except through an authorised feature;
- reverse engineer the Service except to the limited extent the law expressly permits;
- use automated means that impose unreasonable load or avoid normal controls;
- resell or provide the Service as your own without our written permission;
- use the Service, Outputs at scale, or non-public technical information to train, distil, benchmark for the purpose of building, develop, or materially improve an AI model, product, or service that substitutes for or directly competes with Nodespell or an integrated model, unless we authorise it; or
- conceal synthetic or manipulated media where the law or the context requires a clear disclosure.
This competitive-use restriction does not prohibit ordinary creative use of Outputs, including lawful commercial use; editing, upscaling, transforming, or combining Outputs in cross-model creative workflows; independent evaluation that is not used to build or improve a substitute or direct competitor; or Custom Training that Nodespell expressly offers for your private use.
Nodespell does not prohibit lawful non-sexual nudity solely because it includes nudity when it is used in a legitimate artistic, documentary, medical, or similar context. Context still matters, and a particular model or provider may apply a stricter rule.
Artistic, fictional, satirical, documentary, journalistic, and public-interest uses may require contextual judgment. You remain responsible for ensuring your use is lawful and not misleading.
12. Safety review, moderation, and enforcement
We may, where reasonably necessary and proportionate:
- investigate a report, support request, security event, payment dispute, or suspected breach;
- access and review relevant account information and Content;
- use authorised human review and, where deployed, automated tools to identify or assess safety, abuse, fraud, rights, or legal risks;
- restrict a generation, Content item, account, Workspace, share link, or publication;
- remove or disable access to Content;
- preserve narrowly scoped records where required for a live complaint, legal duty, dispute, or authorised safety investigation;
- warn, suspend, or terminate a user;
- reverse credits associated with fraud or abuse; and
- disclose information where required or permitted by law.
Review must be limited to an authorised purpose, subject to access controls, logged where appropriate, and governed by our Privacy Notice and retention schedule.
We do not undertake to monitor all Content and do not guarantee that we will detect every violation. The absence of action in one case does not waive our right to act in another.
13. Reports, complaints, takedowns, and appeals
Report suspected unlawful or harmful Content, intellectual-property infringement, misuse of a likeness or voice, privacy harm, non-consensual intimate imagery, or a breach of these Terms to info@nodespell.com.
Include, where available:
- the URL, project, publication, or other identifier;
- the Content or conduct you are reporting;
- your relationship to the person or rights involved;
- the right or rule you believe is affected;
- supporting information sufficient for us to assess the report; and
- a safe way to contact you.
For urgent risks to a person, clearly mark the report urgent. If someone is in immediate danger, contact the appropriate emergency service.
We may ask for identity or authority evidence where reasonably necessary, especially for rights-holder requests. We will handle reports in good faith, preserve relevant information only where justified, and take proportionate action.
While a report is reviewed, we may temporarily restrict Content, a share link, or an account where that is reasonably necessary to reduce an urgent or material risk. Where appropriate and lawful, we will notify the affected user and allow them to provide relevant context.
If we materially restrict your account or Content, you may ask us to review the decision by contacting info@nodespell.com, unless law or a safety risk prevents us from offering an appeal or explaining particular details. We may limit repeated appeals that do not provide material new information.
We will prioritise reports involving immediate safety, child sexual abuse or exploitation, non-consensual intimate imagery, credible threats, or serious privacy harm. Any response times we publish or communicate are targets rather than guaranteed service levels; statutory deadlines and legally required urgent action still apply.
Knowingly false, fraudulent, or abusive reports may breach these Terms.
14. Feedback
If you voluntarily send an idea, suggestion, or feedback about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use it to improve and operate our products without payment or attribution. This does not give us rights in your unrelated Content.
15. Storage, backups, and retention
The Service is not a permanent archive or a substitute for your own backups. You should keep independent copies of important Content.
Storage, project, snapshot, asset, and history limits may depend on your plan. If a plan ends or a limit is exceeded, we may restrict new use and, after reasonable notice where practicable, remove Content in accordance with the plan and Privacy Notice.
Deletion may not be instantaneous across active systems, backups, logs, caches, legal records, public copies, or third-party systems. We retain only what is reasonably needed for the purposes described in the Privacy Notice and as required by law.
We are not responsible for copies made by collaborators or members of the public outside the Service.
An authorised legal or safety hold may pause ordinary deletion only for information reasonably relevant to a live complaint, investigation, legal duty, or claim. Access is limited to authorised people, the hold lasts only for as long as reasonably justified, and ordinary deletion resumes when the reason for the hold ends.
16. Account deletion
You may request account deletion through the available account settings or by contacting info@nodespell.com. Before proceeding, we will give you a clear final confirmation and remind you to export anything you want to keep. We may take reasonable steps to confirm that you control the account, but we do not ordinarily require identity documents.
After we confirm the request, we will promptly stop account access and future subscription renewal and begin processing the deletion. Account deletion does not create an ordinary refund or credit for an unused paid period, although mandatory consumer rights continue to apply.
We aim to delete or anonymise in-scope information from active systems within 30 days after the confirmed request. Manual processing may be used. Information in ordinary rolling backups is deleted as those backups expire under our normal schedule and is not available for routine use. Provider-held copies follow the applicable provider or model-specific period described in the Privacy Notice.
We may retain limited information for billing and tax, fraud prevention, security, a legal or safety hold, disputes, enforcing these Terms, or an already-selected Free Generation example as described in section 9.
Content in a Team, Studio, or organisation Workspace controlled by another customer remains with that Workspace when your account is deleted. Your future access ends, and creator or uploader attribution is deleted or replaced with a neutral label where reasonably practicable, while minimum audit and provenance records may remain. If you are the sole owner of a shared Workspace, you must transfer control or arrange for that Workspace to close before final account deletion.
Public Content, third-party copies, and an already-selected Free Generation example may remain accessible as described in these Terms.
17. Suspension and termination
You may stop using the Service at any time and may cancel a subscription or request account deletion through the available controls.
We may restrict, suspend, or terminate access where reasonably necessary because of:
- a breach or suspected breach of these Terms or model-specific rules;
- harmful, unlawful, fraudulent, abusive, or insecure activity;
- a payment failure, chargeback, or other amount remaining overdue;
- law, a binding request, sanctions, or a provider restriction;
- a material risk to users, rights-holders, Nodespell, providers, the Service, or the public; or
- an operational or business reason, including changing or discontinuing all or part of the Service.
Where practicable and lawful, we will tell you the reason and provide a reasonable opportunity to remedy a remediable breach or appeal a decision. We may act immediately, including by terminating an account, for serious, repeated, illegal, or urgent conduct. A deliberate or repeated attempt to create or upload prohibited sexual content, any sexual content involving a child, non-consensual intimate imagery, sexual exploitation, or an attempt to evade a safety restriction may justify immediate termination.
Where we terminate a paid account for an operational or business reason unrelated to your breach, risk, or misconduct, we will provide any mandatory remedy and will normally refund the unused prepaid portion of the affected Service. This does not require a refund where access ends because of your breach, non-payment, fraud, or another cause for which a refund is not required.
On termination, your right to use the Service ends. Provisions that by their nature should continue — including payment obligations already incurred, Content warranties, applicable licences, disclaimers, liability limits, dispute terms, and enforcement rights — continue to the extent lawful.
18. Confidentiality and access to non-public Content
We will treat Content in a private plan or private Workspace as non-public and will not publish it except:
- at your direction;
- to your authorised collaborators;
- as necessary to provide the Service through approved providers;
- under a separate express permission;
- for the limited review, enforcement, support, security, or legal purposes in these Terms and the Privacy Notice; or
- where law requires or permits disclosure.
The Free Generation Licence is a specific exception for an Eligible Free Generation. An eligible creation is not private even though it is not automatically public.
No internet service can guarantee absolute confidentiality or security. Do not use Nodespell for material whose risk level exceeds the protections and contractual terms of your plan.
19. AI limitations and your decisions
AI-generated and automated results may be inaccurate, incomplete, biased, offensive, unexpected, or unsuitable. Outputs may contain artefacts, invented information, or material similar to third-party content.
You must review an Output before relying on, publishing, distributing, or using it. Do not use the Service as the sole basis for medical, legal, financial, employment, housing, credit, insurance, law-enforcement, immigration, or another high-impact decision.
Nodespell does not provide legal, medical, financial, or other professional advice.
20. Our intellectual property
Nodespell and its licensors own the Service, software, interface, documentation, branding, model integrations, and other materials we provide, excluding your Content and third-party materials.
Subject to these Terms and your plan, we give you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your account or subscription term. This right does not permit you to copy or exploit the Service itself beyond normal authorised use.
“Nodespell” and associated branding may not be used in a way that suggests sponsorship, endorsement, or affiliation without our written permission.
21. Third-party services
The Service may link to, integrate with, or depend on third-party services. Their own terms and privacy practices may apply. We are not responsible for an independent third party’s service, content, availability, or conduct, but this does not limit responsibility we cannot exclude under law.
22. Service warranties
We will provide the Service with reasonable care and skill where the law requires it. Nothing in these Terms excludes a statutory right that cannot lawfully be excluded.
Subject to that:
- the Service is provided on an “as available” basis;
- we do not guarantee uninterrupted or error-free operation;
- we do not guarantee a particular Output, quality, processing time, provider, or result;
- we do not guarantee that an Output is accurate, unique, protectable, or non-infringing; and
- beta, preview, or experimental features may change or be withdrawn.
For a business user, all implied warranties, conditions, and terms are excluded to the maximum extent permitted by law.
23. Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of a liability that cannot lawfully be limited, or any other matter for which exclusion is prohibited.
23.1 Consumers
If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for business losses, losses caused by your breach, or losses that were not reasonably foreseeable when you accepted these Terms.
Your statutory consumer rights are not affected.
23.2 Businesses
If you use the Service for business purposes:
- neither party is liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, anticipated savings, goodwill, or data, except where that exclusion is unlawful;
- you are responsible for maintaining appropriate backups and reviewing Outputs; and
- Nodespell’s aggregate liability arising out of or connected with the Service is limited to the greater of £100 and the fees you paid Nodespell for the Service during the 12 months before the event giving rise to the claim.
This cap does not limit your obligation to pay amounts properly due or your obligations under section 24. A separately negotiated enterprise order may use different caps or remedies.
24. Business-user indemnity
If you use the Service for business purposes, you will indemnify Nodespell against a third-party claim and reasonable resulting costs to the extent caused by:
- an Input, Prompt, Output, publication, distribution, or application for which you did not have the required rights, permission, or lawful basis;
- your unlawful or unauthorised use of a person’s likeness, voice, personal information, confidential information, or intellectual property;
- your material breach of these Terms;
- your fraud, deliberate misconduct, or unlawful use of the Service; or
- an application or service you build using Nodespell that materially breaches an applicable API agreement.
We will give you reasonable notice of a claim, allow you reasonable control of the defence where appropriate, and cooperate at your cost. You may not settle a claim in a way that admits fault by or imposes an obligation on Nodespell without our consent, not to be unreasonably withheld.
This section does not apply to a consumer acting wholly outside a trade, business, craft, or profession.
25. Changes to the Service and these Terms
We may update the Service and these Terms to reflect new features, providers, law, security needs, or business changes.
We will post the updated Terms and revise their effective date. For a material change that affects your rights or use of the Service, we will give reasonable advance notice through the Service, email, or another appropriate channel.
Unless we tell you that a new acceptance action is required, your continued use after the change takes effect means you accept the updated Terms. We will require renewed acceptance before a change applies where law requires it or where the change materially expands Nodespell’s rights over your Content or introduces another significant new obligation that reasonably requires a fresh agreement.
We will not make Content retroactively eligible for the Free Generation Licence.
If you do not agree to a change, you must stop using the affected Service and may cancel before it takes effect. Changes do not override mandatory rights.
26. General terms
If a court finds part of these Terms unlawful or unenforceable, the rest remains in effect and the affected part applies to the greatest lawful extent.
Our delay in enforcing a right is not a waiver. You may not assign these Terms without our written permission, except through a transfer mechanism we expressly provide in the Service.
We may assign or transfer these Terms to an affiliate, successor, or buyer of Nodespell, the relevant Service, or the relevant part of our business, provided that the recipient assumes our obligations under these Terms. This does not reduce mandatory consumer rights. If a transfer materially changes the controller of your personal information or how it is handled, we will update the Privacy Notice and give any notice required by law.
These Terms, the Privacy Notice, purchase terms, and applicable feature-specific terms form the agreement between you and Nodespell about the Service. They do not create rights for a person who is not a party, except where the law says otherwise.
We may communicate with you electronically using the email on your account, in-product messages, or notices on the Service.
Neither party is responsible for a delay or failure caused by an event beyond its reasonable control, such as a major network or infrastructure failure, natural disaster, war, civil disorder, epidemic, industrial action, or government action. The affected party must take reasonable steps to reduce the effect and resume performance. This does not excuse payment already due or limit a consumer right that cannot lawfully be limited.
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship.
27. Governing law and disputes
These Terms and any non-contractual obligations connected with them are governed by the law of England and Wales.
If you are a consumer, you retain any mandatory protections of the country where you live and may bring a claim in any court available to you under applicable consumer law.
If you are a business, the courts of England and Wales have exclusive jurisdiction.
Before starting formal proceedings, please contact info@nodespell.com so we can try to resolve the issue. This informal step does not prevent either party from seeking urgent relief or using a court or regulator available under mandatory law.
28. Contact
Questions, complaints, legal notices, and Content reports may be sent to:
Niutron Creative Limited Company number 13610851 27 Hindsleys Place Forest Hill London England SE23 2NF Email: info@nodespell.com