Terms of Service

These Terms of Service (the “Terms”) describe the rules for the Modsmith website and, when made available and accepted, the Modsmith desktop software and optional Smith services. Modsmith is an independent project developed by Arane, the developer’s public name (“we”, “us”). Contact details are in section 22.

Current availability. The application is in development. No public download, account registration, paid subscription or live cloud AI service is offered on this website. Screens and demos are previews. Planned features, prices and dates are not a preorder, purchase offer or guarantee of delivery. Sections about software, accounts and billing apply only when the relevant product is supplied under those terms; visiting this website does not create an account or subscription.

Use the website lawfully and in accordance with these Terms. Where acceptance is required for software or a paid service, the applicable terms will be presented before installation, activation or purchase. A later website update does not silently replace the licence supplied with an existing build.

1. The agreement

1.1. These Terms, the Licence Agreement, the Privacy Policy and the Refund Policy address different parts of the project. The Licence Agreement governs the software licence; the Refund Policy governs our refund commitments; the Privacy Policy explains data handling and is not blanket consent. Checkout terms identify the seller and govern a purchase. Mandatory law prevails over all of them.

1.2. Modsmith is the project name, not a statement that a company with that name has been incorporated. We may rename the project or its products. Renaming alone does not remove obligations owed to an existing customer.

1.3. Additional terms for a feature or promotion apply when disclosed and accepted as required by law. They do not retroactively reduce rights under an existing purchase.

2. Eligibility

2.1. You must be at least 16 years old, or older if the law where you live sets a higher age for entering into this kind of agreement, and you must be legally able to enter into a binding contract. A paid subscription may be bought only by a person who has reached the age of majority where they live, or with the consent of a parent or guardian who accepts this agreement on their behalf. If you use the Products on behalf of an organisation, you represent that you have authority to bind it, and “you” includes that organisation.

2.2. You must not be a person or entity with whom we are prohibited from dealing under applicable sanctions or export control laws, and you must not use the Products from a territory where doing so is prohibited.

2.3. You must have the right to modify the computer and the game installation on which you use the Software.

3. Changes to these Terms

3.1. We may revise these Terms for legal, security, operational or product reasons, including changes to features, providers and future plans. We publish a new version and effective date and identify material changes. Changes apply prospectively, subject to the notice and acceptance requirements below.

3.2. For changes that materially reduce rights under an active paid subscription, we will give direct notice by email or in the service at least 14 days before they take effect, or longer where the law requires. An urgent security or legal change may take effect sooner where necessary; we will explain it as soon as reasonably possible. Price changes follow section 9.4.

3.3. Continued use after notice and the effective date constitutes acceptance only where applicable law permits it; otherwise we will obtain the required agreement. If you reject a material adverse change to an active paid service, you may cancel before it takes effect and receive a pro-rata refund of the unused prepaid period. This does not limit other rights or remedies required by law.

4. Changes to the Products

4.1. We may develop, change, limit, suspend or remove features, models, plans and builds, including features shown in a preview. We do not promise a release date or that every planned feature will ship. Changes affecting an active paid commitment remain subject to section 3, the purchase terms and mandatory remedies.

4.2. We may stop supporting older builds or require a newer build to access an online service. Installing an update is your choice; declining a required update may make that service unavailable. This does not authorise us to install arbitrary software or remove your files.

4.3. If we permanently discontinue the paid Services as a whole, we will refund the unused portion of any period you have already paid for, calculated pro rata from the date of discontinuation. That refund is your sole and exclusive remedy for a discontinuation, to the fullest extent the law allows.

4.4. Builds marked early access, alpha, beta, preview or pre-release may be incomplete, may change data formats, may stop working, may be withdrawn at any time, and carry no promise that a final release will follow. Use them with that in mind.

5. The Software

5.1. The Software is licensed, not sold, under the Licence Agreement supplied with it. That agreement reserves our rights in the code and assets and prohibits unauthorised redistribution and circumvention, subject to rights granted by law and third-party licences.

5.2. The Software includes third-party components under their own licences. They are listed with the Software, and those licences govern those components.

5.3. Mod-management features, including Nexus integration and local checks, will remain free. Paid services are limited to our optional cloud AI features. Nexus membership and third-party products are separate.

6. Your game, your mods, your files

6.1. The Software works with files that are not ours: your game, mods made by other people, files created by other tools, and your saves and settings. Mods remain the property of their authors and are governed by the terms of the site you obtained them from. You are responsible for complying with the terms of your game, of Nexus Mods and of any other service you connect, and for having the right to use any content you install.

6.2. Deployment links or copies mod files into the game folder and records changes and backups for rollback. This is not a guarantee of recovery from every failure or of compatibility between mods. Rollback restores what was backed up, which need not be a clean game installation. Keep independent backups of saves and other important files; external tools and the game can make changes outside our journal.

6.3. You and the relevant rights holders retain ownership of mods, game files, saves and configuration. We receive no general licence to files on your computer. If you later choose to submit content to an online service, only the limited processing permission in section 8.6 applies. Ending a subscription does not transfer ownership of or entitle us to withhold your local files.

7. Accounts

7.1. Accounts are planned for paid cloud services. A Modsmith account will not be required for the free manager; connected third-party services may require their own accounts. Registration is not open yet.

7.2. When accounts become available, provide accurate information, protect sign-in credentials and promptly report suspected compromise. You are responsible for use you authorise and for reasonable care of your credentials, subject to applicable law. The actual identity provider and processing arrangements will be disclosed before registration opens.

7.3. You may not sell, transfer, share or lend your Account or a subscription attached to it. A subscription may be used on up to three devices signed in at the same time; we may change that number for future periods with notice under section 3.

7.4. We may suspend or close an Account for a material breach, fraud, abuse, unlawful use or a legal requirement, subject to section 17. An account with no subscription and no sign-in for twenty-four months may be closed after advance notice. A good-faith payment dispute is not itself grounds for permanent closure, regardless of its outcome; proportionate temporary restrictions may be used to investigate suspected fraud. We will explain the reason for a restriction unless law or a concrete security risk prevents it.

7.5. Uninstalling the app does not cancel a subscription. When accounts launch, the service will explain cancellation and deletion separately, including any records retained by law. An account-deletion request must also address any active recurring billing rather than leave it undisclosed.

8. Smith and the Services

8.1. Cloud AI is not live. Its intended operation is to send a user-initiated request through our service to a model provider after the relevant disclosure and permission. Local checks do not require that processing. The actual data, recipients and controls will be described before the feature is enabled.

8.2. The intended execution model separates an AI proposal from a command: Modsmith validates supported actions and requires approval before applying changes. The model is not given direct file-system access. These controls reduce risk but do not establish that a suggestion is correct.

8.3. Model output is generated automatically and may be incomplete, inaccurate or wrong. It is not professional advice of any kind. You are responsible for reviewing a proposal before applying it and for the results of applying it. We do not promise that a proposal will fix a crash, resolve a conflict, translate correctly or improve a build.

8.4. The pricing page shows planned allowances. Heavier models can consume more allowance for the same task. The active plan, accounting rules, reset period and limits will be disclosed before purchase. Changes for existing subscribers follow section 3; running out of allowance does not authorise an unapproved overage charge.

8.5. We may throttle, queue, limit or refuse requests that exceed an allowance or ceiling, that are made by automated means, that are abusive, that a provider refuses, or that we reasonably believe violate this agreement or the law. We may set reasonable technical limits on request size, frequency and content.

8.6. If you choose to submit content to a future online service, you permit us and the disclosed providers to process it only as necessary to fulfil the request and operate, secure and meter that service under the applicable privacy information. This is not a licence to unrelated files on your device or an unrestricted right to publish your content. Any shared caching, retention or further use must be described before it is enabled and have the legal basis it requires.

8.7. We do not claim ownership of output returned for your use. Rights in underlying mods, translations and other third-party content still apply, as do any provider restrictions disclosed for the service. Output may not be unique, copyrightable or free of third-party rights. Review it before using or distributing it.

9. Subscriptions, billing and payment

9.1. Payments are not open. Xsolla is the intended payment partner, subject to confirmation. Before purchase, checkout will identify the actual seller or merchant of record, its contact details and applicable purchase terms. We may change payment partners for future transactions; an existing purchase remains subject to the terms and mandatory rights that apply to it.

9.2. Prices are shown in US dollars. Taxes, duties and fees required by the law of your country may be added at checkout by the payment partner, and currency conversion is handled by them or by your bank.

9.3. A recurring subscription renews only on the schedule disclosed and accepted at checkout. The total price, billing interval and cancellation method will be shown before payment. Cancellation stops future renewal and normally leaves access until the paid period ends. Required reminders and renewal notices will be provided.

9.4. We may change prices, allowances and plan composition for future periods. A price increase for an existing subscriber applies no earlier than a renewal after at least 14 days’ direct notice, or any longer legally required period, with an option to cancel. A subscription explicitly sold at a founder price keeps that price while continuously active; cancellation or lapse ends that price protection.

9.5. Failed payment may suspend paid access, and the payment partner may retry under the accepted payment terms. Suspected payment fraud or a dispute may require a temporary restriction while investigated. Exercising a lawful refund or dispute right is not itself misconduct; duplicate reimbursement for the same loss is not due.

9.6. Promotional prices, trial allowances and credits are offered at our discretion, may be limited to new customers, one per person or one per household, may be withdrawn at any time, and have no cash value.

9.7. Our Refund Policy, the applicable seller’s terms and mandatory law govern refunds. We honour any additional refund commitment we make, without limiting more favourable mandatory rights.

10. Acceptable use

You agree not to, and not to help anyone else to:

• decompile, disassemble, reverse engineer or derive the source code of the Software or the Services, except to the extent the law expressly permits it regardless of this agreement;
• circumvent licence checks, quotas or security controls, except through documented controls intended for that purpose or where applicable law permits it;
• access the Services other than through the Software, use automated means against the Services beyond what the Software itself does, or disrupt, gain unauthorised access to or overload the Website or the Services;
• use the Services to build, train or improve a competing product, dataset or model, or to extract the prompts, configuration or internal workings of the Services;
• resell, rent, lease, share, sublicense or transfer your licence, Account or subscription;
• use the Products to infringe anyone’s rights, including the rights of mod authors and the terms of Nexus Mods or of your game;
• upload or submit content that is unlawful, that you have no right to submit, or that contains malicious code;
• impersonate another person, misrepresent your affiliation with anyone, or use the Products for anything unlawful.

11. Intellectual property

11.1. The Software, the Services, the Website, and our names, logos, marks, designs, documentation and content belong to us or to our licensors and are protected by copyright, trademark and other laws. This agreement gives you no right, title or interest in them except the limited licences it expressly describes. All rights not expressly granted are reserved.

11.2. Mods, game files and other content you install are not ours and are not covered by section 11.1. We host no mods and no collections: a collection is a file on your computer that lists content by reference, and anything you publish goes to a site of your choosing. Notices about content on other sites go to those sites.

11.3. For feedback or suggestions you intentionally provide about our products, you grant a perpetual, irrevocable, worldwide, royalty-free and sublicensable licence to use and develop them without payment or attribution, to the extent permitted by law. This does not grant rights to unrelated personal data, confidential material or third-party game and mod files.

11.4. You may not use our names or marks, or those of our Products, in a way that suggests endorsement or affiliation without our written permission, except to accurately identify the Products.

12. Third-party services

12.1. Available network features contact their respective providers, for example Nexus downloads, masterlist hosting and our update feed. Optional online services will identify their providers before launch. Third-party availability and terms may change; our obligations for an active paid purchase remain subject to these Terms and mandatory law.

12.2. Where the Software uses your account with a third party, it does so on your behalf and within that party’s rules. For example, it never automates downloads that Nexus Mods requires you to make yourself, and it never sends your Nexus Mods credentials to us.

12.3. The Products are not affiliated with, endorsed by or sponsored by Bethesda Softworks, ZeniMax Media, Nexus Mods, Valve, GOG, Epic Games, or any other game publisher, store or mod site. Game and mod names belong to their owners.

13. Availability and support

13.1. We may suspend or restrict access for maintenance, security, legal compliance, abuse prevention or provider outages. No service-level or support-response guarantee is offered unless expressly agreed. Paid discontinuation and material reductions remain subject to sections 3 and 4 and mandatory remedies.

13.2. Local mod management is designed to work without our cloud service. Network-dependent features, including downloads, update checks and cloud AI, still need access to their respective services.

13.3. Support is offered by email in English, on a reasonable-efforts basis, without a guaranteed response time.

14. Disclaimer of warranties

14.1. To the fullest extent permitted by law, the Products are provided “as is” and “as available”, with all faults and without warranty or condition of any kind, express, implied or statutory, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, or that the Products will be uninterrupted, timely, secure, error-free, compatible with your system or your game, or safe for your data.

14.2. Without limiting the above: we do not warrant that any mod, game, tool or content will work with the Software; that a deployment, rollback, patch, translation or diagnosis will produce a particular result; or that model output will be accurate or fit for any purpose.

14.3. Some jurisdictions do not allow the exclusion of certain warranties. In that case the exclusions above apply to the extent permitted.

14.4. Website previews describe development work and plans, with availability stated on the release page. They do not guarantee a release date or every planned feature. Nothing in this section excludes representations or remedies that the law makes binding.

15. Limitation of liability

15.1. To the fullest extent permitted by law, we and our licensors, suppliers and partners are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, saves, game installations, mods, profits, revenue, goodwill or anticipated savings, or for the cost of substitute products or services, arising from or related to the Products or this agreement, however caused and under any theory of liability, even if we were advised of the possibility of such damages.

15.2. To the fullest extent permitted by law, our total aggregate liability for all claims arising from or related to the Products or this agreement is limited to the greater of (a) the amount you paid for the Services, through the payment partner, in the twelve months before the event giving rise to the claim and (b) twenty US dollars. This limit applies to all claims together, not to each claim.

15.3. The exclusions and limits in this section apply regardless of whether a remedy fails of its essential purpose. They reflect the fact that the mod manager is offered without charge and that the Products work with files and content we do not control.

15.4. Nothing in this agreement excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for gross negligence or wilful misconduct, for fraud or fraudulent misrepresentation, or for rights that consumer protection law grants you and that cannot be waived. If you are a consumer in a jurisdiction that gives you non-waivable rights, those rights are not affected.

16. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless Modsmith and its owners, staff, licensors and partners from and against third-party claims, and the damages, losses, liabilities, costs and expenses that result from them, including reasonable legal fees, to the extent the obligation is lawful and the claims arise from your breach of section 10, from your use of the Products in violation of the law or of a third party’s rights or terms, or from content you install, submit or publish without the right to do so. This obligation does not cover a claim to the extent it is caused by our own negligence or breach. We must give reasonable notice and allow appropriate participation in the defence. No settlement may impose an admission or non-monetary obligation on you without your consent. For consumers this section applies only to the extent permitted by mandatory law.

17. Term, suspension and termination

17.1. This agreement applies from your first use of a Product and continues until ended under this section.

17.2. You may end it at any time by uninstalling the Software, cancelling any subscription and deleting any Account.

17.3. We may suspend or terminate access for a material breach, fraud, abuse, unlawful activity, a credible security risk or a legal requirement. Where a breach can reasonably be cured, we normally allow 14 days after notice; urgent risks may require immediate action. We may discontinue a product or end an agreement for convenience on 30 days’ notice, subject to a pro-rata refund of unused prepaid service and any mandatory remedies.

17.4. On termination, stop using the affected service and follow the Licence Agreement for the app. Termination does not remove accrued refund rights, transfer ownership of your files or authorise their deletion. Limited local use solely to recover your data and undo deployments is permitted where lawful and technically available.

17.5. Sections that by their nature should survive continue to apply after termination, including sections 6, 8.6, 8.7, 9.5, 11, 14, 15, 16, 17.4, 18, 20 and 21.

18. Sanctions and export controls

You must comply with export controls and sanctions that legally apply to your use of the Products. We may restrict access where necessary to comply with applicable law or provider requirements. This section does not treat every restriction in every country as automatically applicable to you.

19. Notices

General notices may appear on the Website. Where these Terms or law require direct or advance notice, we will use the relevant account or contact channel and honour that notice period. Posting alone does not override a direct-notice requirement. Legal correspondence may be sent to the address in section 22.

20. Governing law and disputes

20.1. Applicable law determines the governing law and competent courts for a dispute. These Terms do not impose an exclusive forum in an unnamed country or remove mandatory protections of the place where you live. Any seller-specific purchase terms are disclosed at checkout.

20.2. We encourage you to contact us with the facts and requested resolution so we can try to resolve a dispute informally within 30 days. Doing so is not a condition for exercising a statutory right, obtaining urgent relief or meeting a legal time limit.

20.3. Neither party is required by these Terms to submit to private arbitration. Court jurisdiction follows applicable law.

20.4. Nothing here removes a right to join a collective action, contact a regulator or use a dispute-resolution procedure that applicable law protects.

20.5. If you are a consumer, nothing in this section deprives you of the protection of mandatory provisions of the law of the country where you live, or of the right to bring proceedings in the courts of that country where that law grants it.

20.6. Where law requires participation in a consumer dispute-resolution process, we will follow that requirement. Otherwise participation in a particular alternative process requires agreement.

21. General

21.1. This agreement is the entire agreement between you and us about the Products and supersedes any earlier agreement or statement about them.

21.2. We may transfer the agreement to an affiliate or successor in a reorganisation or sale, subject to applicable law and without reducing existing customer rights. Required notices will be given. You may not transfer it without our consent except where the law permits.

21.3. If any provision of this agreement is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the agreement remains in force.

21.4. Our failure to enforce a provision is not a waiver of it. A waiver is effective only if in writing.

21.5. We are not liable for any delay or failure caused by events beyond our reasonable control, including the acts or omissions of third-party providers we depend on.

21.6. These Terms are written in English. English prevails over a convenience translation only to the extent permitted by law; required language and consumer protections are unaffected.

21.7. This agreement does not create a partnership, joint venture, agency or employment relationship, and confers no rights on any third party, except that the persons named in sections 15 and 16 may rely on those sections.

22. Contact

Public developer name: Arane. Questions about this agreement: legal@modsmith.app. Support: support@modsmith.app.