1. About these terms
This agreement is between you (the “Creator”, “you”) and EmotiPal LTD, trading as SpaceCare (“SpaceCare”, “we”, “us”), a company incorporated in England and Wales (company number 16171148) with its registered office at 40 Harcourt Terrace, Flat 5, London, SW10 9JR, United Kingdom.
If you are entering into these terms on behalf of a company, charity, or other legal entity, you confirm that you have authority to bind that entity, in which case “Creator” means that entity.
2. Definitions
- “Platform” means the SpaceCare web application, including the dashboard, the public course pages and hub pages it generates, the embed widgets, and any related APIs.
- “Course” means any educational product you publish through the Platform, including its text, video, audio, downloads, and metadata.
- “Download” means a standalone digital product (such as a PDF, audio file, or e-book) you publish or sell through the Platform, separately from a Course.
- “Product” means any Course, Download, or other item you publish or sell through the Platform.
- “Learner” means a visitor who enrols in, purchases, or otherwise accesses one of your Courses or other Products, including by providing contact details to unlock free or lead-gated content.
- “Content” means anything you upload, generate, or otherwise make available through the Platform.
- “Fees” means the subscription fees, usage fees, and platform fees described in clause 8.
3. Your account
You must be at least 18 years old and able to enter into a binding contract under English law to use the Platform. You are responsible for keeping your login credentials confidential and for everything that happens under your account. Notify us at hello@space.care if you suspect unauthorised access.
You must give us accurate, current information when you sign up and keep it up to date.
4. What SpaceCare is - and what it is not
SpaceCare is a tool that lets independent practitioners build and sell educational, wellbeing-oriented courses. It is a creator-economy platform, similar in spirit to Teachable or Kajabi.
SpaceCare is nota healthcare, therapy, telehealth, or electronic-health-record platform. You must not use the Platform to deliver regulated clinical care, to store patient health records, or to handle “special category” personal data under the UK GDPR (including health, biometric, or genetic data). You remain solely responsible for any professional, regulatory, or licensing obligations that apply to your practice.
Uploading special-category or clinical data in breach of this clause is a material breach of these terms. We may suspend your account or remove the offending Content immediately, and you are solely responsible for, and will indemnify EmotiPal LTD against, any claim, loss, or regulatory action arising from such data. We do not screen Content for special-category data and are not obliged to do so.
5. Acceptable use
You agree not to:
- publish Content that is illegal, infringing, defamatory, harassing, hateful, fraudulent, sexually explicit involving minors, or that promotes self-harm or dangerous medical advice;
- make medical, diagnostic, or therapeutic claims that you are not qualified or authorised to make;
- use the Platform to send unsolicited marketing in breach of the UK GDPR or the Privacy and Electronic Communications Regulations;
- reverse-engineer, scrape, or otherwise abuse the Platform or its infrastructure;
- attempt to circumvent rate limits, AI usage quotas, or platform fees;
- misrepresent your identity, qualifications, or affiliation;
- upload malware, run automated load against the Platform, or interfere with other Creators’ accounts.
We may suspend or terminate accounts that breach this clause without prior notice where the breach is serious or persistent.
6. Your Content
You own your Content. By uploading or generating Content through the Platform, you grant EmotiPal LTD a worldwide, non-exclusive, royalty-free licence to host, store, transcode, transmit, display, and otherwise process that Content for the purpose of providing the Platform to you and to your Learners. This licence ends when you delete the Content or close your account, except where we are required to retain it by law or to defend a legal claim (for example, payment and transaction records, which we keep for the period set out in the Privacy Policy). Residual copies held in routine backups or in transit through our service providers are deleted in the ordinary course in line with our retention schedule.
You warrant that you have all rights necessary to grant that licence and that your Content does not infringe any third party’s rights. You will indemnify and hold harmless EmotiPal LTD against any loss, damage, cost, or third-party or regulator claim arising from (i) your Content, (ii) your breach of this warranty or of clause 4 (prohibited use) or clause 5 (acceptable use), (iii) your acts or omissions as the data controller of Learner personal data, or (iv) your relationship with, sales to, or refunds for your Learners.
7. AI features
The Platform includes AI-assisted features (such as course generation, transcription, and audio/podcast generation) that rely on third-party large-language-model and voice providers. AI output:
- is generated automatically and may be inaccurate, incomplete, or unsuitable - you are responsible for reviewing it before publishing;
- is provided on an “as is” basis and is not a substitute for professional advice;
- is subject to fair-use limits and quotas that we may change with reasonable notice.
Ownership of AI output.As between you and EmotiPal LTD, you own the AI output generated for you, to the extent it is capable of ownership and subject to the terms of the underlying AI providers. Because AI output is produced automatically from models shared across users, output that is identical or similar may be generated for other Creators, and we do not grant you any exclusive rights in it. We give no warranty that AI output is original or does not infringe any third party’s intellectual-property or other rights; you are responsible for reviewing AI output for accuracy and for third-party rights before you publish or rely on it. Where we use your prompts or edits to improve the features we provide to you (such as your voice profile), we do so as described in the Privacy Policy, and our AI providers are contractually prohibited from using your prompts to train their general-purpose models.
By using AI features you agree that prompts you submit may be sent to our AI sub-processors. Where a prompt includes personal data you control, that processing is governed by Schedule 1 (Data Processing Terms - Article 28 UK GDPR), under which our AI sub-processors are authorised sub-processors. How we use AI providers is described in the Privacy Policy.
7A. Voice and likeness
Some add-ons let you create a synthetic voice (a “voice clone”) from a recorded sample. Voice cloning is provided through our third-party voice provider, ElevenLabs, Inc., a provider based in the United States; your voice sample is transferred to and processed by it as described in the Privacy Policy.
You may only create a voice clone of your own voice, or of a person who has given you explicit, documented consent for that use. You must not clone, imitate, or synthesise any person’s voice without their consent. You warrant that you hold all necessary rights and consents, and you will indemnify EmotiPal LTD against any claim arising from a breach of this clause.
Your voice sample and any voice clone are deleted when you remove them or close your account, subject to our retention schedule and Schedule 1 (Data Processing Terms - Article 28 UK GDPR).
8. Fees, billing, and Stripe Connect
Subscription fees
Some Platform features require a paid plan. Subscription fees and billing frequency are shown at checkout and inside the billing area of your account. Unless stated otherwise, subscriptions renew automatically at the end of each billing period; you can cancel renewal at any time from your account, and cancellation takes effect at the end of the current period.
Platform fee on Creator sales
EmotiPal LTD may charge a platform fee on each successful transaction where a Learner pays you through the Platform. The current platform fee for your account, which may be zero, is shown inside your account. We may introduce or increase a platform fee on at least 30 days’ notice, with the new rate applying only to transactions completed after the change.
Stripe Connect
Payments to Creators are processed by Stripe (Stripe Payments Europe, Ltd. and Stripe Payments UK, Ltd. for Creators in the UK and EEA, together with their affiliates). To accept payments you must complete Stripe Connect onboarding and agree to the Stripe Connected Account Agreement. Stripe is responsible for the payment-services relationship with you (including KYC, payouts, and chargeback handling). EmotiPal LTD is not a party to the payment between you and Stripe and is not a payment institution.
Taxes
Fees we charge you are exclusive of VAT where applicable. You are responsible for charging, collecting, and remitting any VAT, sales, or other taxes that apply to your sales to Learners, and for any professional advice you need to do so.
8A. Hubs and subdomains
When you enable a public hub, we publish it on a subdomain we assign or that you choose, subject to reserved names that we keep for first-party and operational use. You are responsible for the content of your hub. If you change or release a hub address, links that you or others have saved may stop working.
8B. Newsletters and email
Where you use the newsletter feature to email your contacts, you are the sender. You are responsible for having a lawful basis and any required consent, for honouring unsubscribe requests, and for complying with the UK GDPR and the Privacy and Electronic Communications Regulations in respect of your own lists. We only send to verified, opted-in recipients and maintain a suppression list for bounces and complaints.
8C. Collaboration
You may invite others to view, comment on, or edit your Courses. You are responsible for who you invite and what they do, and each collaborator must comply with these terms.
9. Refunds and Learner contracts
The contract for the sale of a Course is between the Creator and the Learner. You are responsible for your own refund, cancellation, consumer-rights, and customer-service policies and for honouring them. Where UK or EU consumer law (including the Consumer Contracts Regulations and the Consumer Rights Act 2015) grants Learners a right to cancel or to a refund, you must comply with those rights.
For subscription fees that EmotiPal LTD charges you directly, we will process refunds in line with the published refund policy and with your statutory rights.
10. Privacy and data protection
Our processing of personal data is described in the Privacy Policy. Where EmotiPal LTD acts as a processor for personal data that you control (such as Learner contact lists, leads, quiz and questionnaire submissions, and course progress), the data-processing terms required by Article 28 of the UK GDPR are set out in Schedule 1 (Data Processing Terms - Article 28 UK GDPR) to these terms, which forms part of this agreement. By accepting these terms, you (as controller) and EmotiPal LTD (as processor) agree to Schedule 1, which constitutes the written contract between us under Article 28(9) of the UK GDPR. The Privacy Policy describes, for transparency, how we handle personal data; the binding Article 28 terms are those in Schedule 1.
For some data about the same individuals - including platform security logs, fraud-prevention signals, and aggregated usage analytics - EmotiPal LTD acts as an independent controller in its own right, as described in the Privacy Policy. Schedule 1 applies only to the personal data for which you are the controller and EmotiPal LTD is your processor.
11. Intellectual property of the Platform
The Platform itself, including its software, branding, design, and documentation, is owned by EmotiPal LTD and its licensors and is protected by intellectual-property laws. Nothing in these terms grants you any right in the Platform beyond the limited, revocable, non-transferable licence to use it that we provide while your account is active.
12. Service availability
We work hard to keep the Platform available and secure but we do not guarantee uninterrupted service. We may carry out maintenance, deploy changes, or impose temporary limits where reasonably necessary to protect the Platform or other Creators. Where downtime is planned, we will give reasonable notice.
13. Suspension and termination
Either party may terminate the agreement at any time by closing the account (you) or by giving notice (us). We may suspend or terminate your account immediately if:
- you materially breach these terms and (where the breach is capable of remedy) fail to remedy it within a reasonable period after notice;
- your use of the Platform creates legal, regulatory, or security risk for us or for other Creators;
- you fail to pay Fees that are due;
- we are required to do so by law or by a regulator.
On termination, for a period of 30 days you may request a copy of your Content and your Creator-controlled Learner data (such as contact lists, leads, and order records) by writing to hello@space.care, and we will provide it where a self-service export tool is not available in your account. After that period, that data is deleted or returned in line with our retention schedule (described in the Privacy Policy) and Schedule 1 (Data Processing Terms), except where we are required to retain it by law (for example, payment records retained for tax purposes).
14. Disclaimers
The Platform is provided “as is” and “as available”. To the extent permitted by law, EmotiPal LTD excludes all implied warranties, including warranties of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be error-free or that any AI-generated output will be accurate.
15. Liability
Nothing in these terms excludes or limits liability that cannot be excluded or limited under English law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for breach of statutory consumer rights.
Subject to that, EmotiPal LTD’s total aggregate liability to you arising out of or in connection with the Platform (including any reliance on AI-generated output) in any 12-month period is limited to the greater of (a) the Fees you paid to EmotiPal LTD in that period and (b) one hundred pounds sterling (£100). We are not liable for loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss.
16. Changes to these terms
We may update these terms from time to time. When changes are material we will notify you by email or via the dashboard and, where required by law, ask for your consent. If you do not agree with the updated terms, you may close your account before they take effect; continuing to use the Platform after that point constitutes acceptance.
17. General
- Assignment. You may not assign or transfer your rights under these terms without our consent. We may assign to a successor in connection with a corporate reorganisation, sale, or similar transaction.
- Entire agreement. These terms (including Schedule 1, Data Processing Terms), together with the Privacy Policy and any other policies referenced inside the Platform, are the entire agreement between you and EmotiPal LTD regarding the Platform. If there is any conflict between these documents on a data-processing matter, Schedule 1 prevails over the body of these terms and over the Privacy Policy; otherwise, the body of these terms prevails over the Privacy Policy and any other referenced policy.
- Force majeure. Neither party is liable for any delay or failure to perform (other than a payment obligation) caused by an event beyond its reasonable control, including failure or unavailability of third-party infrastructure or service providers (such as cloud hosting, payment processors, AI providers, and connectivity), power or internet failure, government action, industrial action, or cyber-attack. If such an event continues for more than 30 days, either party may terminate this agreement on notice.
- Severability. If any clause is held unenforceable, the remainder of these terms continues in effect.
- Third parties. No one other than you and EmotiPal LTD has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
18. Governing law and jurisdiction
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these terms, except that where you are a consumer resident in another part of the United Kingdom, the courts of your home jurisdiction may also have jurisdiction.
Schedule 1 - Data Processing Terms (Article 28 UK GDPR)
This Schedule 1 forms part of these terms and constitutes the written contract required by Article 28(3) and Article 28(9) of the UK GDPR between you (the “Creator”, acting as controller) and EmotiPal LTD (acting as processor) in respect of the personal data that you control and that we process on your behalf (“Creator-controlled personal data”). Where this Schedule conflicts with the rest of these terms on a data-processing matter, this Schedule prevails.
1. Particulars of processing
- Subject matter and duration. We process Creator-controlled personal data for the duration of your account and for up to 30 days after account closure (see clause 13 and the Privacy Policy), except where law requires longer retention.
- Nature and purpose. Hosting, storing, transmitting, and displaying your Learner and lead data so that you can deliver and sell Courses and Downloads, capture leads, track course progress, run quizzes and questionnaires, and contact your own audience.
- Type of personal data. Name, email address, telephone/WhatsApp number, course-purchase and access status, course progress, quiz and questionnaire responses (including free-text comments), and buyer transaction metadata (email, name, amount, currency, status). Special category data is not permitted (see clause 4).
- Categories of data subjects. Your visitors, leads, Learners, and course buyers.
- Controller and processor. You are the controller of Creator-controlled personal data and EmotiPal LTD is your processor. You are responsible for the lawfulness of the data you collect and upload, for providing privacy notices to your own Learners, and for the lawful basis of any marketing; you may instruct, inspect, and audit our processing as set out below.
2. Our obligations as your processor
We will:
- (a) Processing on your instructions.Process Creator-controlled personal data only on your documented instructions, including in relation to transfers of data outside the UK. Your instructions are given by your configuration and use of the Platform’s features, together with these terms and the Privacy Policy. We will process on other instructions only where you give them to us in writing (including by email to privacy@space.care) and we agree. If law requires us to process the data otherwise, we will tell you before doing so unless that law prohibits us from telling you.
- (b) Confidentiality. Ensure that the members of our personnel and contractors who are authorised to process Creator-controlled personal data are subject to a binding duty of confidentiality, whether contractual or statutory, and are granted access only on a need-to-know basis.
- (c) Security. Implement and maintain the technical and organisational measures described in the Privacy Policy, taking account of the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as required by Article 32 of the UK GDPR. These include encryption of data in transit and at rest, role-based access control, hashed storage of passwords and access tokens, additional encryption of sensitive credentials at the application layer, short-lived database credentials, and routine backups.
- (d) Sub-processors.You give EmotiPal LTD general written authorisation to engage sub-processors to process Creator-controlled personal data. The current list of sub-processors is maintained in the Privacy Policy (“Who we share data with”) and updated from time to time. We will give you at least 30 days’ notice of any intended addition or replacement of a sub-processor, during which you may object on reasonable data-protection grounds; if we cannot reasonably accommodate your objection you may terminate the affected feature or your account. We will impose data-protection obligations on each sub-processor by contract that are no less protective than those in this Schedule, and we remain fully liable to you for each sub-processor’s performance.
- (e) Assistance with data-subject requests. Taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as possible, to respond to requests from your Learners and other data subjects exercising their rights under the UK GDPR (access, rectification, erasure, restriction, portability, and objection). If a data subject sends such a request directly to us in relation to Creator-controlled personal data, we will not respond ourselves but will, without undue delay, forward it to you.
- (f) Breach notification and assistance. Notify you without undue delay after becoming aware of a personal-data breach affecting Creator-controlled personal data, with the information you reasonably need to meet your own notification duties under Articles 33 and 34. Taking into account the nature of the processing and the information available to us, we will also assist you in ensuring compliance with your obligations under Articles 32 to 36, including data-protection impact assessments and prior consultation with the ICO.
- (g) Return or deletion at the end of processing. On termination of your account or otherwise at the end of our processing, you may choose, within 30 days, to have us either return the Creator-controlled personal data to you in a commonly used, machine-readable format or delete it. If you make no choice within that period, we will delete it. We will also delete existing copies, except to the extent we are required by law to retain the data (for example, payment records retained for 6 years under HMRC rules, as described in the Privacy Policy).
- (h) Audit and compliance information. Make available to you the information reasonably necessary to demonstrate our compliance with this Schedule, and allow for and contribute to audits, including inspections, conducted by you or an auditor you mandate, on reasonable prior notice and no more than once a year (or more frequently if required by the ICO or following a breach). We may satisfy this obligation in whole or in part by providing relevant third-party certifications or audit reports. We will immediately inform you if, in our opinion, an instruction you give infringes the UK GDPR or other data-protection law.
19. Contacting us
EmotiPal LTD (trading as SpaceCare)
Company number: 16171148
Registered office: 40 Harcourt Terrace, Flat 5, London, SW10 9JR, United Kingdom
Email: hello@space.care