These Terms of Service (the "Terms") are a binding agreement between you and the operator of Spellwind ("Spellwind", "we", "us", "our"). They govern your use of the Spellwind application for macOS (the "App"), the website at spellwind.ai (the "Site"), and any related services we provide (together, the "Service").
These Terms include the end-user license agreement (EULA) for the App — Section 4 is that license. There is no separate EULA document.
By creating an account, downloading, installing, or using the App, or purchasing a plan, you agree to these Terms. If you do not agree, do not use the Service.
Purchases are sold and processed by Polar (polar.sh), acting as our merchant of record — see Section 9.
1. The Service
Spellwind is a dictation app for macOS: you speak, and finished text appears in the application you are already working in. To produce that text, your speech is processed over the network as described in our Privacy Policy — audio is processed transiently and is not retained, and your transcripts stay on your Mac.
The free plan currently includes 60 minutes of dictation per month. Paid plans remove that limit. We may change the features, limits, and system requirements of the Service over time; the App currently requires macOS 15 or later.
2. Eligibility
You must be at least 13 years old to use the Service — or at least 16 where the law of your country requires a higher age for consenting to the processing of personal data (for example, in parts of the EEA). If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian.
3. Your Account
You need an account to use the Service, including the free plan. You agree to:
- provide accurate account information and keep it up to date;
- keep your credentials confidential and not share your account with others;
- notify us promptly at support@spellwind.ai if you suspect unauthorized use of your account.
You are responsible for activity that occurs under your account. One account per person; automated or bulk account creation is not permitted.
4. License to Use the App (EULA)
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Macs that you own or control, for your personal use or your own internal business use, within the limits of your plan.
The App is licensed, not sold. We and our licensors retain all rights in the App not expressly granted here.
The App may download and install updates automatically; these Terms apply to all updates unless an update is accompanied by separate terms. The App may include open-source components governed by their own licenses, which apply to those components.
5. Lifetime Licenses
A "lifetime" license means the lifetime of the Spellwind product — that is, for as long as we commercially offer and maintain Spellwind — not the lifetime of the purchaser, and not a guarantee that the product will exist or be supported in perpetuity. A lifetime license covers one user across their Macs, includes App updates for as long as they are offered, and does not extend to separate future products.
If we permanently discontinue the Service, lifetime licenses end with it; refunds in that case are governed by our Refund Policy and applicable law.
6. Your Content
You own what you dictate. As between you and us, you retain all rights in the audio you speak into the App ("Input") and the text produced from it ("Output"). To the extent we acquire any rights in Output, we assign them to you.
You grant us a limited, worldwide, non-exclusive license to process your Input and Output solely to provide and secure the Service — transcribing your speech, returning and inserting text, and metering your usage — including through the service providers described in our Privacy Policy. We do not use your Input or Output to train machine-learning models, ours or anyone else's, and our service providers are contractually prohibited from doing so.
You are responsible for your content and for how you use the App — including complying with laws that require the consent of other people before recording or transcribing them.
7. Acceptable Use
You agree not to:
- use the Service in violation of applicable law, or to record or transcribe other people without any legally required consent;
- reverse engineer, decompile, or disassemble the App, except to the extent a law expressly permits it despite this restriction;
- circumvent usage limits, metering, or technical protections;
- resell, rent, sublicense, or offer the Service to third parties, or use it as a general-purpose transcription, inference, or voice-processing backend for another product or service;
- use Output to develop or train a competing speech-recognition or language model or service;
- probe, disrupt, or overload the Service, or access it by automated means outside the App's intended operation;
- infringe the intellectual-property or privacy rights of others, or use the Service to create or distribute unlawful content.
We may suspend or terminate accounts that violate this section (see Section 14).
8. Free Plan and Beta Features
We may change the free plan's monthly allowance or features with notice. Features labeled beta, preview, or experimental are provided as-is, may change or be withdrawn at any time, and may be excluded from support.
9. Paid Plans and Billing
Paid plans are sold by Polar (polar.sh), acting as merchant of record. Your purchase is a transaction with Polar: Polar processes payment, issues receipts, and handles applicable sales taxes and VAT. Polar's own terms and privacy policy apply to checkout and payment. Current prices are shown at checkout.
- Subscriptions. Monthly and annual subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time — via the customer portal linked from your receipt, or by emailing support@spellwind.ai — and cancellation takes effect at the end of the current billing period, with paid features continuing until then.
- Lifetime purchases are one-time payments governed by Section 5.
- Price changes. We will give you advance notice of price changes; they take effect at your next renewal. If you do not agree, cancel before the renewal.
- Non-payment. If a renewal payment fails and is not resolved, your account reverts to the free plan.
10. Refunds
Refunds are governed by our Refund Policy, which includes a 14-day money-back guarantee on first purchases. Nothing in these Terms limits any non-waivable statutory refund or withdrawal rights you have as a consumer.
11. Privacy
Our Privacy Policy describes what we collect and how we handle it. In short: the microphone is active only while you dictate, audio is processed transiently and not retained, transcripts stay on your Mac, and nothing you dictate is used to train models.
12. Third-Party Services
The Service uses third-party AI speech and language providers and cloud-infrastructure providers to process dictation, under agreements that prohibit them from retaining your audio or using your data for training, as described in the Privacy Policy. The Site and App may link to third-party websites or services; we are not responsible for them, and their own terms apply.
13. Intellectual Property; Feedback
The App, the Site, and the Spellwind name, logo, and branding are owned by us and our licensors and are protected by intellectual-property laws. Except for the license in Section 4, no rights in the Service are granted to you.
If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
14. Termination
You may stop using the Service and delete your account at any time from the App or by emailing support@spellwind.ai.
We may suspend or terminate your access if you materially breach these Terms, use the Service unlawfully, or create risk or harm to the Service or other users — where practicable, with notice and a statement of the reason. If we terminate your access without a breach on your part, we will refund the unused portion of any prepaid period.
Sections that by their nature should survive termination (including Sections 6, 13, and 15–20) survive.
15. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.
Dictation is automated: Output may contain errors, including misrecognized words that change meaning. You are responsible for reviewing Output before relying on it, especially in medical, legal, financial, or other high-stakes contexts.
Nothing in this section excludes warranties or guarantees that cannot be excluded under the law of your country of residence.
16. Limitation of Liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill; and
- our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amounts you paid for the Service in the 12 months before the event giving rise to the claim, and (b) USD 100.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the EEA or the United Kingdom, you retain all mandatory statutory rights and remedies.
17. Indemnification
To the extent permitted by applicable law, you will indemnify us against third-party claims, and associated reasonable costs, arising from your unlawful use of the Service or your breach of Section 6 or 7 — including claims arising from recording or transcribing others without required consent. This obligation does not apply where you are a consumer and the law of your country of residence does not permit it.
18. Changes to These Terms
We may update these Terms from time to time. For material changes we will give at least 14 days' notice — by email, in the App, or on the Site — before they take effect. Continued use after the effective date constitutes acceptance. If a material change adversely affects you, you may cancel before it takes effect and receive a pro-rated refund of any prepaid, unused period.
19. Governing Law and Disputes
These Terms are governed by the laws of England and Wales, excluding conflict-of-laws rules. The courts of England and Wales have jurisdiction over disputes arising from these Terms, except that if you are a consumer, you retain the protection of the mandatory laws of your country of residence and may bring or defend proceedings in the courts of that country.
Before formal proceedings, please contact us at support@spellwind.ai — most issues can be resolved quickly and informally.
20. General
These Terms, together with the Privacy Policy, Refund Policy, and Cookie Policy, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor operator of the Service, including a company formed to operate Spellwind. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Questions about these Terms: support@spellwind.ai.