Agreement to Terms
By accessing and using Spinagle, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Description of Service
Spinagle is a web-based decision-making tool that allows users to create custom spinning wheels to help make choices. The service includes:
- Creating and customizing decision wheels
- Uploading images and media to wheel segments
- Spinning wheels to generate random outcomes
- Saving and managing your wheels
- AI-powered content generation for wheel options
User Accounts
Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the security of your account
- You must be at least 13 years old to create an account
Account Responsibilities
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- We reserve the right to suspend or terminate accounts that violate these terms
Acceptable Use
You agree not to use Spinagle to:
- Create content that is illegal, harmful, threatening, abusive, or offensive
- Violate any laws or regulations
- Infringe on intellectual property rights
- Upload images or media that you do not own or have the right to use
- Upload images that are obscene, explicit, defamatory, or otherwise objectionable
- Upload images that infringe on any copyright, trademark, or other intellectual property right
- Transmit spam, malware, or other harmful code
- Attempt to gain unauthorized access to our systems
- Use the service for any commercial purpose without permission
- Create content that promotes violence, discrimination, or illegal activities
Content Ownership and Rights
Your Content
- You retain ownership of the content you create (wheel names, options, images, and other media)
- By using our service, you grant us a license to store, display, process, compress, and transmit your content as necessary to operate the Services
- You are responsible for ensuring your content, including any uploaded images, does not violate any third-party rights
Our Content
- Spinagle and its original content are protected by copyright and other laws
- You may not copy, modify, or distribute our content without permission
- AI-generated content suggestions are provided as-is
User-Uploaded Images and Media
Spinagle allows users to upload images to customize wheel segments. By uploading images or other media to Spinagle, you agree to the following:
Ownership and Rights
- You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to upload and use any image or media file you submit to the Services
- You represent that your uploaded images do not infringe the copyright, trademark, right of publicity, or other intellectual property or proprietary rights of any third party
- You are solely responsible for any images you upload and any consequences of uploading them
License Grant for Images
- By uploading images, you grant Spinagle a worldwide, non-exclusive, royalty-free license to host, store, process, compress, display, and transmit those images solely as necessary to provide and operate the Services
- This license includes the right to create compressed or resized versions of your images for performance optimization
- This license continues for as long as your content remains on the Services and for a reasonable period after deletion to allow for backup removal
Prohibited Image Content
You must not upload images that:
- You do not own or have permission to use (including images found on the internet without a license)
- Infringe any copyright, trademark, or other intellectual property right
- Contain obscene, pornographic, or sexually explicit material
- Depict violence, abuse, or harm to any person or animal
- Contain hate speech, discriminatory content, or content that promotes harassment
- Violate any applicable law or regulation
- Contain malicious code or are designed to disrupt the Services
Image Moderation and Removal
- Spinagle reserves the right, but has no obligation, to review, monitor, or remove any user-uploaded images at our sole discretion
- We may remove images that we believe violate these Terms, infringe third-party rights, or are otherwise objectionable
- We may suspend or terminate accounts that repeatedly upload infringing or prohibited content
- Spinagle is not responsible for screening or verifying the copyright status of user-uploaded images
Image Storage and Limits
- Uploaded images are stored on our cloud infrastructure (Firebase Storage) and are subject to storage limits that may vary by account type
- We may impose limits on the number of images per wheel, file size, or total storage per account
- Images associated with deleted wheels or inactive accounts may be permanently removed in accordance with our data retention policies
No Liability for User-Uploaded Images
- Spinagle does not endorse, verify, or assume any responsibility for images uploaded by users
- We are not liable for any claims, damages, or losses arising from user-uploaded images, including but not limited to copyright infringement claims
- You agree to indemnify and hold Spinagle harmless from any claims arising from images you upload
Definitions and Scope
"Services" means the Spinagle websites, apps, and features we provide. "User Content" means content you submit or create within the Services, including but not limited to wheel names, options, images, and other media files. "You" and "your" means the person or entity using the Services.
Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Services and have the legal authority to agree to these Terms.
User Content License to Spinagle
You grant Spinagle a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit your User Content solely as necessary to operate and improve the Services. This includes the right to compress, resize, or reformat images and media files for performance optimization and compatibility across devices.
Third-Party Services
The Services may integrate with third-party services (e.g., Firebase, OpenAI, Stripe, Google). Your use of those services is governed by their terms. We are not responsible for third-party services and disclaim all liability related to them.
Payments and Subscriptions
If subscriptions or paid features are offered, fees, billing cycles, auto-renewal, trials, and cancellation terms will be presented at purchase. Taxes may apply. Unless required by law, fees are non-refundable after the applicable trial or cancellation window.
Teacher Hall Pass / Founding Teacher Program
From time to time we may offer special programs for educators, including our "Hall Pass" and "Founding Teacher" offers promoted on pages such as hall-pass.html (collectively, the "Teacher Programs"). This section explains how those offers fit within these Terms.
Eligibility and Selection
- Teacher Programs are intended for individual educators who apply through our designated forms. We may limit eligibility by region, role, or other criteria described on the application page.
- Submitting an application does not guarantee participation. We may approve or decline applications at our sole discretion.
Free Trial Access
- Approved participants may receive time-limited free access to certain paid or "Premium" features of Spinagle (for example, a one-year Founding Teacher trial). The specific benefits and duration will be described on the program page or in your confirmation email.
- Unless we clearly state otherwise, Teacher Program access does not require a credit card and does not automatically convert into a paid subscription when the trial ends.
- At the end of the trial period, your account may revert to a free tier or lose access to premium features unless you choose to purchase a subscription.
Expectations and Sharing
- On the hall-pass page we describe ways teachers can help us (for example, sharing honest posts about how they use Spinagle or providing feedback). These activities are appreciated but are not a requirement to keep your access, and we understand that school or district policies may limit what you can share.
- If you choose to provide testimonials, feedback, or social posts about Spinagle, you grant us permission to reference them (in anonymized or attributed form, as agreed with you) for marketing and product improvement, consistent with our Privacy Policy and your school's rules.
Program Changes and Termination
- We may modify, pause, or discontinue any Teacher Program at any time. If we make a material change that affects current participants, we will make reasonable efforts to notify you using the contact information associated with your account.
- If we believe a Teacher Program is being abused or used in violation of these Terms or applicable law, we may suspend or revoke access to the program or related premium features.
DMCA Policy
Spinagle respects the intellectual property rights of others. If you believe that content on Spinagle, including user-uploaded images, infringes your copyright, you may submit a DMCA takedown notice.
Filing a DMCA Notice
To file a DMCA takedown notice, send the following information to support@spinagle.com:
- A description of the copyrighted work you claim has been infringed
- A description of where the infringing material is located on Spinagle (e.g., a link to the wheel containing the image)
- Your contact information (name, address, telephone number, and email address)
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
- Your physical or electronic signature
Counter-Notification
If you believe your content was removed in error, you may submit a counter-notification with the required information under the DMCA. We will forward counter-notifications to the original complainant.
Repeat Infringers
Spinagle will terminate the accounts of users who are determined to be repeat infringers of copyright in appropriate circumstances.
Service Availability
- We strive to keep Spinagle available 24/7, but cannot guarantee uninterrupted service
- We may perform maintenance that temporarily affects service availability
- We reserve the right to modify or discontinue features at any time
- We are not liable for any downtime or service interruptions
AI Content Generation
- AI-generated suggestions are provided for convenience and inspiration
- We do not guarantee the accuracy, appropriateness, or quality of AI-generated content
- You are responsible for reviewing and approving all AI-generated content before use
- AI services may have usage limits or costs that we may pass on to users
Privacy and Data
- Your privacy is important to us. Please review our Privacy Policy
- We collect and use data as described in our Privacy Policy
- You can request deletion of your account and data at any time
Data Retention and Account Inactivity
Spinagle retains user history, wheel data, uploaded images, and personalization settings for as long as your account or subscription remains active.
Inactivity and Data Deletion: If your subscription ends or your account remains inactive for more than 180 consecutive days, your saved data, including uploaded images, may be permanently deleted from our systems. Inactivity is defined as no logins, wheel activity, or subscription renewal within that period.
Billing Records: Certain billing and transaction records (for example, payment receipts, subscription renewals, or refunds) may be retained beyond this period to comply with applicable tax, accounting, and regulatory requirements.
Data Restoration: Spinagle is not responsible for any data lost due to account inactivity or expiration of this retention period. Once data is deleted, it cannot be restored.
User Control: You can request deletion of your account and all associated data at any time by emailing support@spinagle.com. Upon verification, your data will be permanently removed within 30 days.
Termination
By You
- You may stop using Spinagle at any time
- You may request account deletion through our support channels
By Us
- We may suspend or terminate your account for violations of these terms
- We may terminate the service with reasonable notice
- Upon termination, your right to use the service ceases immediately
Disclaimers and Limitations
Service Disclaimer
- Spinagle is provided "as is" without warranties of any kind
- We do not guarantee that the service will meet your specific needs
- Random outcomes are generated by algorithms and are not truly random
Limitation of Liability
- We are not liable for any indirect, incidental, or consequential damages
- Our total liability is limited to the amount you paid for the service
- Some jurisdictions do not allow these limitations, so they may not apply to you
AI and Non-Advisory Disclaimer
- AI-generated content may be inaccurate, incomplete, or inappropriate for certain uses
- Results are for informational and entertainment purposes only and do not constitute professional advice
Export Controls and Sanctions
You may not use the Services if doing so violates applicable export control or sanctions laws.
Service Changes
We may modify or discontinue features at any time. If we discontinue material features, we will make reasonable efforts to provide notice where feasible.
General
These Terms constitute the entire agreement between you and Spinagle regarding the Services and supersede prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We are not liable for delays or failures due to events beyond our reasonable control.
Indemnification
You agree to indemnify and hold Spinagle harmless from any claims, damages, or expenses arising from your use of the service or violation of these terms, including but not limited to claims arising from images or media you upload to the Services.
Governing Law
These terms are governed by the laws of the jurisdiction where Spinagle is operated. Any disputes will be resolved in the courts of that jurisdiction.
Changes to Terms
We may update these terms from time to time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date. Your continued use of the service after changes constitutes acceptance of the new terms.
Contact Information
If you have questions about these Terms of Service, please contact us at:
Email: support@spinagle.com
Mailing Address:
PO Box 214
Millbury, MA 01527