Effective Date: August 21, 2026 · Last Updated: August 21, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTION 7 IMPOSES SPECIFIC OBLIGATIONS ON CUSTOMERS WHO SEND TEXT MESSAGES OR EMAIL THROUGH THE SERVICE.
These Terms of Service (the "Terms") are a legally binding agreement between you and Spekkel, LLC, a Maryland limited liability company ("Spekkel," "we," "us," or "our"), and govern your access to and use of the Shepherd Action platform, the website at shepherdaction.com, our APIs, agent connections, and all related software, features, and services (collectively, the "Service").
By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of a company, ministry, or other organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization. If you do not agree to these Terms, do not use the Service.
You must be at least eighteen (18) years old and able to form a binding contract to use the Service.
Description. Shepherd Action is a relationship management and outreach platform that enables Customers to organize contacts, send email and SMS communications, run drip campaigns and automations, schedule meetings, track engagement, manage tasks, and connect AI agents and third-party tools to their workspace.
Changes to the Service. We are continually improving the Service and may add, modify, or discontinue features at any time. We will use reasonable efforts to notify you of changes that materially reduce core functionality of a paid plan.
Beta and Early-Access Features. We may offer features, plans, or programs identified as beta, preview, founding, early access, or similar ("Beta Features"). Beta Features are provided for evaluation, may be modified or withdrawn at any time, may contain errors, and are provided "AS IS" without any warranty or support commitment. If you participate in a founding or beta cohort, you agree to provide reasonable feedback when requested, and you grant us the right to use that feedback as described in Section 13.
Support. We provide support by email at support@spekkel.ai during normal U.S. business hours. Response targets, if any, are described on our pricing page or in your order.
You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and API keys and for all activity that occurs under your account, including activity by your Users and Connected Agents. You must notify us immediately at support@spekkel.ai of any unauthorized use or security breach.
The Customer that owns a workspace is responsible for the acts and omissions of every User and Connected Agent it authorizes, and for ensuring that each of them complies with these Terms. Workspace administrators may add, remove, and change the permissions of Users and may issue and revoke Connected Agent credentials.
You may not share a single account among multiple people, create accounts by automated means, or create an account for anyone other than yourself or an organization you are authorized to represent.
Plans and Billing. Paid features are offered on subscription plans described at shepherdaction.com or in an order form. Fees are billed in advance on a recurring monthly or annual basis and are payable in U.S. dollars. By providing a payment method you authorize us and our payment processor to charge all fees, including renewals, until you cancel.
Usage Charges. Certain features, including SMS and voice, carrier registration, and AI usage, may incur usage-based charges or pass-through carrier fees in addition to subscription fees. Current rates are shown in the Service. You are responsible for all charges incurred by your workspace, including charges caused by Connected Agents.
Taxes. Fees exclude taxes. You are responsible for all sales, use, value-added, and similar taxes, other than taxes on our net income.
Price Changes. We may change fees upon at least thirty (30) days' notice. Price changes take effect at your next renewal. Founding or promotional pricing remains in effect only for so long as stated in the offer and while your subscription remains continuously active.
Free Trials and Free Plans. We may offer free trials or free plans. We may limit, suspend, or terminate free access at any time and may convert a trial to a paid subscription at the end of the trial period if you have provided a payment method and not cancelled.
Refunds. Except where required by law or expressly stated in these Terms, all fees are non-refundable and there are no credits for partial periods, downgrades, or unused features.
Late Payment and Chargebacks. If a payment fails or is reversed, we may suspend your access until payment is made. You agree to reimburse us for reasonable costs of collection, including attorneys' fees, and for any chargeback fees arising from a dispute resolved in our favor.
Cancellation. You may cancel at any time through your account settings or by emailing support@spekkel.ai. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
This section applies to text messages that Spekkel sends under its own brand, "Shepherd Action by Spekkel," to people who have opted in on shepherdaction.com. Messages that a Customer sends to its own Contacts are governed by Section 7.
Program Name: Shepherd Action SMS Program, operated by Spekkel, LLC.
How to Opt In: You opt in by submitting the public web form on shepherdaction.com with your mobile phone number and affirmatively checking the unchecked-by-default consent box, which states: "By checking this box, I agree to receive SMS messages from Shepherd Action by Spekkel at the phone number provided. Message and data rates may apply. Message frequency varies (2 to 15 messages per month). Reply STOP to opt out, HELP for help." Consent to receive SMS is not a condition of purchasing any product or service.
Message Types and Frequency: Appointment and strategy-session reminders, booking confirmations, follow-up communications, and informational updates. Message frequency varies, typically 2 to 15 messages per month.
Message and Data Rates: Message and data rates may apply according to your wireless carrier plan.
Opt-Out: Reply STOP to any message to unsubscribe. You will receive one final confirmation message and no further messages. Reply START to resubscribe. You may also email support@spekkel.ai.
Help: Reply HELP to any message, or email support@spekkel.ai, for assistance.
Supported Carriers: All major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, U.S. Cellular, and their affiliates. Carriers are not liable for delayed or undelivered messages.
Privacy: We do not share your mobile phone number, SMS consent, or opt-in information with third parties or affiliates for marketing purposes. See our Privacy Policy at shepherdaction.com/privacy.
The Service lets you send email and SMS messages to your own Contacts. You, not Spekkel, are the sender of every message you send through the Service, and you are solely responsible for its content, its recipients, and its compliance with Messaging Laws. We provide tools that support compliance, but the tools do not replace your own legal obligations. You represent, warrant, and agree that:
Consent. Before sending any SMS message to a Contact you will obtain and maintain the Contact's prior express consent (and, for marketing messages, prior express written consent) in the form required by the TCPA and applicable carrier rules, obtained through a clear and conspicuous disclosure that identifies your business, describes the messages, states that message frequency varies and that message and data rates may apply, and explains how to opt out. Consent must be specific to your business and may not be purchased, rented, or inferred. You will obtain consent separately from any other consent, and you will not make consent a condition of purchase.
Records. You will keep a record of every consent, including the date, time, method, source, and the exact disclosure presented, for at least four (4) years after the last message, and you will produce those records to us within two (2) business days on request, including to respond to a carrier audit, a complaint, or a legal claim.
Identification and Opt-Out. Every SMS message you send will identify your business. You will honor STOP, QUIT, CANCEL, UNSUBSCRIBE, END, and similar opt-out requests immediately and will not message an opted-out Contact again unless the Contact re-opts in. You will not disable, bypass, or interfere with the Service's opt-out, suppression, quiet-hours, or frequency controls. You will respond to HELP requests with your business name and contact information.
Email. Every commercial email you send will contain accurate header information, a subject line that is not misleading, a clear identification that the message is an advertisement where required, your valid physical postal address, and a functioning unsubscribe mechanism that you honor within ten (10) business days. You will enter and keep current an accurate business mailing address in your workspace settings so that the Service can include it in your messages.
Campaign Registration. You acknowledge that U.S. wireless carriers require application-to-person (A2P) messaging traffic to be registered through The Campaign Registry (10DLC) or an equivalent program. You will provide accurate brand, campaign, use-case, opt-in, and sample-message information when we request it, will keep it current, will not send messages outside the use case for which your campaign was approved, and will not send traffic from unregistered numbers. You authorize us to submit this information to carriers and registries on your behalf. Carrier registration, vetting, and pass-through fees are your responsibility.
Prohibited Content. You will not use the Service to send messages that involve or promote: sex, hate, alcohol, firearms, or tobacco ("SHAFT") content; cannabis, CBD, or kratom; illegal or prescription drugs; gambling or sweepstakes; high-risk financial services such as payday loans, debt collection, debt relief, or credit repair; get-rich-quick or multi-level-marketing schemes; phishing, fraud, or deceptive content; third-party lead generation or affiliate marketing; political messaging not compliant with applicable law; or any content that carriers prohibit. You will not send messages using URL shorteners that are shared across unrelated senders, and you will not use "snowshoeing" or other techniques intended to evade carrier filtering.
Calling Hours and Frequency. You will send marketing messages only between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone (or narrower hours where state law requires) and will respect any frequency limits disclosed to the recipient.
Do-Not-Call. To the extent you make telemarketing calls or send telemarketing texts, you will comply with the National Do Not Call Registry and applicable state registries and will maintain your own internal do-not-call list.
Our Rights. We may monitor message content and sending patterns, block or delay messages, apply rate limits, require additional verification, or suspend or terminate messaging features or your account, with or without notice, if we believe in good faith that your messaging violates these Terms, Messaging Laws, or carrier rules, or exposes Spekkel, its carriers, or its other Customers to risk. We may also be required to act on instructions from a carrier or aggregator. You remain liable for all fees during any suspension.
Carrier and Registry Penalties. You will reimburse us for any fines, penalties, fees, or charges assessed by a carrier, aggregator, registry, or regulator that arise from your messaging.
Ownership. As between you and Spekkel, you own your Customer Data. We claim no ownership of it.
License to Spekkel. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to provide, secure, support, and improve the Service, to comply with law, and as otherwise permitted in these Terms and our Privacy Policy. This license ends when your Customer Data is deleted from the Service, except for copies retained in routine backups for a limited period.
Your Responsibilities. You represent and warrant that you have all rights, consents, and lawful bases necessary to upload, store, and use your Customer Data in the Service; that you will comply with all privacy and data-protection laws applicable to Customer Data; and that you will provide any privacy notices your Contacts are entitled to receive. You will not upload sensitive personal information, such as Social Security numbers, payment card numbers, financial account numbers, government identifiers, or health information, into free-text fields of the Service.
Data Processing. To the extent we process personal information contained in Customer Data on your behalf, we act as your processor or service provider, we process that information only on your documented instructions (which these Terms constitute), we impose confidentiality obligations on our personnel, we engage subprocessors only under written terms at least as protective as these, we assist you with data-subject requests as reasonably required, and we delete or return Customer Data at termination as described in Section 16. If you require a separate data processing agreement, contact support@spekkel.ai.
Export and Backups. You may export your Customer Data through the Service at any time while your account is active. You are responsible for maintaining your own backups of Customer Data.
Aggregated Data. We may collect and use data about the use and performance of the Service in aggregated or de-identified form that does not identify you or any individual, for any lawful purpose.
You agree not to, and not to permit any User, Connected Agent, or third party to:
We may investigate violations and may remove content, suspend access, or terminate accounts that violate this Section, and we may report unlawful activity to law enforcement.
The Service interoperates with third-party products and services, including email providers such as Google Workspace and Microsoft 365, SMS carriers and aggregators such as Twilio, scheduling tools such as Calendly, automation platforms such as Zapier, payment processors, and AI model providers ("Third-Party Services"). Third-Party Services are not part of the Service and are governed by their own terms and privacy policies, which you agree to when you enable them. We do not control and are not responsible for Third-Party Services, their availability, their data practices, or any changes they make that affect the Service. If a Third-Party Service stops being available to us on reasonable terms, we may discontinue the related integration without liability to you.
By connecting a Third-Party Service you authorize us to exchange information with it as necessary to provide the integration. You are responsible for complying with the Third-Party Service's terms, including any usage limits, and for any fees it charges.
Credentials. The Service allows you to issue API keys and MCP connections that let Connected Agents read and act within your workspace. Credentials are confidential and are scoped to a single workspace and a defined set of capabilities. You are responsible for safeguarding every credential you issue, for choosing the capabilities granted to it, and for revoking it when it is no longer needed.
Responsibility for Agent Actions. Every action taken through a credential you issued is deemed taken by you, whether or not you specifically intended or reviewed it. This includes messages sent, contacts modified or archived, campaigns activated, and usage charges incurred. You are responsible for configuring, supervising, and testing any Connected Agent, including any agent operated by a third-party platform, before allowing it to take consequential actions. We strongly recommend using the Service's dry-run, preview, and read-only capabilities before granting an agent the ability to send messages.
Limits and Changes. We may impose rate limits, restrict or revoke credentials, and modify or deprecate API and MCP capabilities. We will use reasonable efforts to give notice of changes that break documented functionality.
Third-Party Agents. Connected Agents operated by third parties are Third-Party Services under Section 10. We make no representation about their reliability, security, or behavior.
The Service includes optional features that use artificial intelligence to draft, summarize, suggest, classify, or automate ("AI Features"). AI Features generate output probabilistically and may produce content that is inaccurate, incomplete, biased, offensive, or that resembles content produced for others. You are solely responsible for reviewing AI output before relying on it or sending it to anyone, and for ensuring that your use of AI Features complies with law, including laws governing automated decision-making and the disclosure of AI-generated content. AI output is not legal, financial, medical, or professional advice. As between you and Spekkel, you own the output generated from your inputs, subject to the rights of others and to the limitations of applicable intellectual-property law.
Our Property. The Service, including its software, design, text, graphics, logos, trademarks, documentation, and all improvements and derivative works, is owned by Spekkel or its licensors and is protected by copyright, trademark, trade-secret, and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.
Trademarks. "Shepherd Action," "Spekkel," and our logos are trademarks of Spekkel, LLC. You may not use them without our prior written consent, except to accurately identify the Service.
Feedback. If you provide suggestions, ideas, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose without obligation to you.
Copyright Complaints. We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent at support@spekkel.ai or the mailing address in Section 24. We may terminate the accounts of repeat infringers.
Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Data is your Confidential Information; the non-public features, pricing, security practices, and roadmap of the Service are ours. The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it to third parties except to employees, contractors, and service providers who need to know it and are bound by comparable obligations, or as required by law with prompt notice where legally permitted. These obligations last for three (3) years after termination, and indefinitely for trade secrets and Customer Data.
Our collection and use of personal information is described in our Privacy Policy at shepherdaction.com/privacy. By using the Service you agree to the Privacy Policy. You acknowledge that we may send you service, security, and billing communications by email, SMS, or in-app notice, and that these communications are part of the Service and cannot be opted out of while you hold an account.
Term. These Terms apply from the moment you first use the Service and continue until terminated.
Termination by You. You may terminate at any time by cancelling your subscription and closing your account through your settings or by emailing support@spekkel.ai.
Suspension or Termination by Us. We may suspend or terminate your access to all or part of the Service immediately, with or without notice, if: you breach these Terms; your use creates legal, security, reputational, or carrier risk for us or others; you fail to pay amounts when due; we are required to do so by a carrier, law, or court order; or you have been inactive on a free plan for an extended period. We may also terminate these Terms for convenience on thirty (30) days' notice, in which case we will refund any prepaid fees for the period after termination.
Effect of Termination. On termination, your right to use the Service ends, outstanding fees become immediately due, and all credentials are revoked. For thirty (30) days after termination of a paid account you may request an export of your Customer Data; after that we may delete it in accordance with our Privacy Policy. We have no obligation to retain Customer Data after this period. Sections 5 (as to amounts owed), 7, 8, 9, 12 through 14, and 17 through 25 survive termination.
THE SERVICE, INCLUDING ALL BETA FEATURES, AI FEATURES, INTEGRATIONS, AND CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEKKEL AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY MESSAGE WILL BE DELIVERED, DELIVERED ON TIME, OR NOT FILTERED OR BLOCKED BY A CARRIER, MAILBOX PROVIDER, OR RECIPIENT; THAT ANY CARRIER REGISTRATION WILL BE APPROVED; THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT. THE SERVICE IS A TOOL; IT DOES NOT PROVIDE LEGAL ADVICE, AND USE OF ITS COMPLIANCE FEATURES DOES NOT GUARANTEE COMPLIANCE WITH MESSAGING LAWS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL ADVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPEKKEL OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, OR FOR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY FINES, PENALTIES, OR DAMAGES ARISING FROM MESSAGES YOU SEND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS IN THE AGGREGATE, ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By You. You will defend, indemnify, and hold harmless Spekkel and its affiliates, and their respective members, managers, officers, employees, contractors, agents, licensors, suppliers, and carriers (the "Spekkel Parties") from and against any and all claims, demands, suits, proceedings, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or relating to:
By Spekkel. We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and we will pay the damages and costs finally awarded against you or agreed in a settlement we approve. This obligation does not apply to claims arising from Customer Data, Third-Party Services, Beta Features, combinations with items not supplied by us, modifications not made by us, or use after we have provided a non-infringing alternative. If such a claim is made or appears likely, we may, at our option, procure the right for you to continue using the Service, modify or replace it to be non-infringing, or terminate the affected portion and refund any prepaid fees for the unused period. This Section states our entire liability for infringement claims.
Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim (provided that delay relieves the indemnifying party of its obligations only to the extent it is prejudiced), sole control of the defense and settlement (provided that no settlement may impose an admission or non-monetary obligation on the indemnified party without its consent, not to be unreasonably withheld), and reasonable cooperation at the indemnifying party's expense. The indemnified party may participate with counsel of its own choosing at its own expense.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPEKKEL ON AN INDIVIDUAL BASIS AND LIMITS THE WAYS YOU CAN SEEK RELIEF.
Informal Resolution First. Before filing a claim, you and we agree to try to resolve any dispute informally. You must send a written notice of dispute to Spekkel, LLC, Attn: Legal, 8787 Branch Ave., #179, Clinton, MD 20735, with a copy to support@spekkel.ai, describing the dispute and the relief sought. We will send any notice to the email address on your account. If the dispute is not resolved within sixty (60) days after the notice is received, either party may begin arbitration or a small-claims action as described below.
Agreement to Arbitrate. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, including the validity, scope, or enforceability of this arbitration agreement ("Dispute"), will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if you are an individual using the Service for personal purposes, its Consumer Arbitration Rules) in effect when the arbitration is filed. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, not any court, has exclusive authority to resolve all Disputes, including arbitrability, except that a court may decide whether the Class Action Waiver below is enforceable.
Procedure. The arbitration will be conducted by a single arbitrator, in English, and may be held by videoconference, by written submissions, or in person in Prince George's County, Maryland, unless the parties agree otherwise or the applicable AAA rules require a different location. The arbitrator may award any relief that a court could award on an individual basis, must follow applicable law and these Terms, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law or finds that a claim was frivolous. AAA filing and arbitrator fees will be allocated under the applicable AAA rules.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or Confidential Information, or to stop unauthorized use or abuse of the Service, pending arbitration.
Class Action and Jury Trial Waiver. YOU AND SPEKKEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this Class Action Waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must be severed and brought in court, and the remaining claims will proceed in arbitration. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND SPEKKEL EACH WAIVE ANY RIGHT TO A JURY TRIAL.
30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to the mailing address above, with a copy to support@spekkel.ai, within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
Changes. If we change this Section after you accept these Terms, you may reject the change by sending written notice within thirty (30) days of the change, in which case the prior version of this Section will continue to apply to Disputes between you and us.
Governing Law and Venue. These Terms and any Dispute are governed by the laws of the State of Maryland and the United States, without regard to conflict-of-law rules. Subject to the arbitration agreement above, the state and federal courts located in Prince George's County, Maryland, have exclusive jurisdiction over any Dispute, and you consent to personal jurisdiction and venue there.
Time Limit. To the extent permitted by law, any claim arising out of or relating to the Service must be filed within one (1) year after the claim accrues or it is permanently barred.
You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties. You will not use or export the Service in violation of U.S. export-control or sanctions laws.
We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labor disputes, governmental action, failures of carriers, aggregators, hosting providers, or Third-Party Services, internet or power outages, or denial-of-service attacks.
We may modify these Terms from time to time. If we make material changes, we will notify you by email to the address on your account, by notice in the Service, or by updating the "Last Updated" date above at least fourteen (14) days before the changes take effect, except that changes required by law or to address a security or carrier-compliance issue may take effect immediately. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.
Entire Agreement. These Terms, together with the Privacy Policy, any order form, and any policies referenced in them, constitute the entire agreement between you and Spekkel regarding the Service and supersede all prior or contemporaneous agreements, proposals, and communications. In the event of a conflict, a signed order form controls over these Terms, and these Terms control over any other document.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
Notices. We may provide notice to you by email to the address on your account, by in-app notice, or by posting on the Website. Notices to us must be sent by email to support@spekkel.ai and, for legal notices, by mail to Spekkel, LLC, Attn: Legal, 8787 Branch Ave., #179, Clinton, MD 20735.
Electronic Communications and Signatures. You consent to receive communications from us electronically, and you agree that electronic acceptance of these Terms satisfies any legal requirement that an agreement be in writing.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
No Third-Party Beneficiaries. Except for the Spekkel Parties under Section 19, there are no third-party beneficiaries of these Terms.
Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force, except as stated in the Class Action Waiver.
Survival. Provisions that by their nature should survive termination will survive, as set out in Section 16.
Interpretation. Headings are for convenience only. "Including" means "including without limitation."
Government Users. If you are a U.S. government entity, the Service is "commercial computer software" and is licensed with only those rights granted to all other users under these Terms.
If you have questions about these Terms, contact us at:
Spekkel, LLC
Attn: Legal
8787 Branch Ave., #179
Clinton, MD 20735
Email: support@spekkel.ai
Website: https://shepherdaction.com
© 2026 Spekkel, LLC. All rights reserved. · 8787 Branch Ave., #179, Clinton, MD 20735