1. Agreement to terms
These Terms of Service ("Terms") govern your access to and use of Novel Koncept (the "Service"). Novel Koncept is operated by The Upward Spiral, LLC, a Colorado limited liability company ("we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms apply to all users, including the individual who creates an account and any team members invited to that account.
2. The Service
Novel Koncept is a content engine that produces written content for your business. The Service includes research, strategy development, content production, editing, optimization, and publishing tools, delivered through specialized automated systems.
We may add, change, or remove features at any time. We will make reasonable efforts to notify you of material changes that affect your use of the Service.
3. Accounts and eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for all activity that occurs under your account.
You are responsible for maintaining the confidentiality of your account credentials. Notify us promptly of any unauthorized access.
Account owners may invite team members up to the limit of their subscription tier. The account owner is responsible for the conduct of all team members under their account.
4. Subscriptions, billing, and renewal
The Service is offered through subscription plans described on our pricing page. By subscribing, you authorize us to charge the applicable fees through our payment processor.
Billing cycles. Monthly plans bill monthly. Annual plans bill once per year, in advance, for the full term.
Automatic renewal and your consent. Subscriptions renew automatically at the end of each billing cycle at the then-applicable rate for your plan, unless you cancel before the renewal date. When you subscribe, you expressly consent to these recurring automatic charges, which continue until you cancel. We present the renewal terms clearly before you purchase, and you can cancel at any time as described below.
Cancellation. You may cancel a monthly subscription at any time through your account or by contacting us, effective at the end of the current billing cycle. Annual subscriptions run for their full committed term and do not provide partial-term refunds except as described in Section 5 or Section 14.
Founding member status. Founding member pricing is available to a limited number of customers and locks in for as long as your subscription remains continuously active. Founding member rates do not increase while your subscription stays continuously active. If you cancel, you forfeit founding member status; if you later reactivate, you pay the standard rate then in effect.
Price changes. We may change standard prices with reasonable advance notice. Price changes do not affect founding member rates for continuously active subscriptions.
Taxes. Fees do not include taxes. You are responsible for applicable taxes.
5. Brief satisfaction guarantee
If the strategic brief delivered during your onboarding does not reflect your business, and we are unable to resolve the issue through revisions, you may request a full refund of your first month's subscription fee. This guarantee applies only to the first month and only in connection with the strategic brief. It does not apply to subsequent months or to dissatisfaction with individual articles. This is the only proactive refund we offer, except as described in Section 14 or as required by law. Full details are in our Refund Policy.
6. Content and ownership
Your inputs. You retain ownership of the materials, information, and instructions you provide to the Service ("Your Inputs"). You grant us a worldwide, non-exclusive license to use Your Inputs to operate the Service and produce content for you.
Produced content. Subject to your payment of applicable fees, we assign to you all right, title, and interest we may have in the written content the Service produces and delivers to you ("Produced Content"). It is yours to publish, modify, repurpose, and distribute freely.
A note on AI-generated material. Produced Content is generated using AI. Under current U.S. law, purely AI-generated material may have limited or no copyright protection, because copyright generally requires human authorship. This is a function of the law, not a limitation we impose. Your own review, editing, and creative direction may contribute the human authorship that supports protection. We assign whatever rights exist or may come to exist in Produced Content; we do not warrant that any particular work is protectable by copyright.
Your responsibility for published content. You decide what to publish. You are responsible for reviewing and approving Produced Content before publication and for ensuring that content you publish complies with applicable laws and does not infringe the rights of others. See Sections 10 and 11.
Our systems and methods. We retain all rights to the Service itself, including its underlying technology, systems, methods, models, prompts, and the intelligence and learning layers that power it. Nothing in these Terms transfers ownership of the Service or its components to you.
7. Acceptable use
You agree not to use the Service to:
- Produce or publish content that is unlawful, defamatory, fraudulent, or infringing
- Misrepresent the source or authorship of content in ways that violate applicable law
- Attempt to reverse engineer, copy, or extract the underlying systems, methods, or models of the Service
- Interfere with or disrupt the Service or its infrastructure
- Access the Service through automated means except as expressly permitted
- Resell or sublicense the Service without our written permission
- Engage in abusive, harassing, threatening, or demeaning conduct toward our team or other users
- Violate the rights of any third party
We may suspend or terminate accounts that violate this section.
8. Our culture: the No Asshole Policy
We run Novel Koncept by a simple principle we call our No Asshole Policy: we work with good people, and we treat each other with respect. It says a lot about who we are and who we want to work with, and you can read it at https://novelkoncept.com/no-asshole-policy.
The No Asshole Policy is a statement of our values, not a contract term. It is not legally binding on either of us, and nothing in it changes your rights or ours under these Terms. The conduct that actually carries weight under these Terms is covered by our Acceptable Use rules (Section 7) and our right to end the relationship (Section 14). That said, the spirit is real: we may part ways with anyone who treats our team or others abusively, and you are free to walk away from us for the same reason.
9. Third-party services and integrations
The Service integrates with third-party platforms, including publishing platforms and analytics providers. Your use of those integrations is subject to the terms of those third parties. We are not responsible for the availability, accuracy, or conduct of third-party services.
10. Content accuracy and review
The Service produces content using automated systems and applies verification processes to source material. While we engineer the Service to ground claims in verified sources, you are responsible for reviewing and approving all content before you publish it. We do not guarantee that Produced Content is free of errors, and we are not liable for content you choose to publish.
11. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or that it will produce specific business outcomes. References to results experienced by other customers are not guarantees of the results you will experience.
12. Limitation of liability
To the fullest extent permitted by law, our total liability arising out of or relating to the Service and these Terms will not exceed the amount you paid us in the twelve months preceding the event giving rise to the claim.
We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if advised of the possibility.
13. Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising out of content you publish, your use of the Service, your violation of these Terms, or your violation of the rights of any third party.
14. Termination
You may cancel your account at any time as described in Section 4.
We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use rules in Section 7), fail to pay fees, or use the Service in a way that creates legal or security risk.
Refunds on termination. If we terminate your account for convenience (that is, not because of your breach), we will refund the prepaid fees for the unused portion of your current term. If we terminate your account because of your breach, fees already paid are non-refundable.
Your data on termination. On termination, you will receive an export of your library, your strategic assets, and your voice profile, accessible during your active billing period and for a reasonable period afterward (see our Privacy Policy for retention details). We may retain limited records as required by law or for legitimate business purposes.
15. Changes to these Terms
We may revise these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the effective date above, and where required we will notify you directly. Your continued use of the service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the service.
16. Governing law, arbitration, and disputes
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.
Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve it with you in good faith. If we cannot resolve it within 30 days, either party may proceed to arbitration.
Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be seated in Colorado, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class action waiver. Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in the state or federal courts located in Colorado to protect its intellectual property or confidential information.
Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and we waive any right to a jury trial.
30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [email protected] with your account name and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.
17. General
Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest will remain in full force.
Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, infrastructure, or AI providers.
Notices. We may provide notices to you by email or through the Service. You may send notices to us at [email protected].
Survival. Sections relating to content ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and these general provisions survive termination.
Relationship of the parties. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and us.
18. Contact
Questions about these Terms can be directed to [email protected].
The Upward Spiral, LLC · Novel Koncept