Terms of Service

Last Updated: August 17, 2026

These Terms of Service ("Terms") govern your access to and use of NameSherpa (the "Service"), available at NameSherpa.ai and operated by The Heritage Approach, LLC, a California company ("Company," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

The Service is an AI-assisted platform that helps users generate, evaluate, and shortlist names for products, brands, and companies. The Service may include AI-generated name suggestions, availability screening (such as domain and preliminary trademark checks, referred to as "Name Verification"), and collaboration tools.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

4. Subscription Plans and Billing

4.1 Plan Types

The Service is offered under the following plans:

• Free Plan — limited to one (1) saved guided naming project and five (5) Name Verification checks per month.
• Pro Monthly Subscription — billed on a recurring monthly basis.
• Pro Annual Subscription — billed on a recurring annual basis, typically at a discounted rate compared to monthly billing.

We may change these usage limits or introduce new plans; material reductions in Free Plan limits will be communicated in advance.

4.2 Merchant of Record

All purchases made through the Service are sold by Paddle.com Market Limited ("Paddle"), our reseller and merchant of record. Paddle handles the checkout process, payment collection, applicable sales tax/VAT, and is the seller of record for your subscription. Your subscription purchase is subject to Paddle's terms and policies, in addition to these Terms, and Paddle is the appropriate contact for payment method updates, invoicing, and payment-related support. We remain responsible for providing the Service itself, and for decisions regarding refunds under our Refund Policy.

4.3 Auto-Renewal

Pro subscriptions (monthly and annual) auto-renew by default at the end of each billing period. If you do not want your subscription to auto-renew, you must deselect the auto-renewal setting in your account before the current billing period ends. Once auto-renewal is turned off, your subscription will expire at the end of the then-current billing period, and you will not be charged again.

4.4 Price Changes

We may change subscription pricing. We will provide advance notice before any price change takes effect for existing subscribers, and continued use after the effective date constitutes acceptance of the new pricing.

4.5 Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.

5. AI-Generated Content and Intellectual Property

5.1 Ownership of Output

Subject to your compliance with these Terms, you own the naming suggestions and related output generated for you through the Service ("Output"), to the extent ownership is legally possible. You may use Output for commercial purposes, including as a brand or product name.

5.2 No Guarantee of Availability or Exclusivity

Name Verification and any other availability screening provided through the Service is informational only and does not constitute legal advice or a guarantee that any name is free of trademark conflicts, available for registration, or safe to use. Because the Service uses AI to generate suggestions, it is also possible that the same or a similar name is suggested to other users, or already exists in the marketplace. You are solely responsible for conducting formal trademark clearance (including through a licensed attorney) before adopting any name for commercial use. We disclaim all liability arising from your use of any Output without independent legal clearance.

5.3 Our IP

The Service, including its software, design, and underlying technology, is owned by the Company and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand features, including "NameSherpa."

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or to generate names that infringe third-party rights;
• Attempt to reverse-engineer, scrape, or interfere with the Service;
• Circumvent usage limits or resell access to the Service without authorization;
• Use the Service to generate offensive, discriminatory, or harmful content.

We may suspend or terminate accounts that violate this section.

7. Third-Party Services

The Service is built in part on third-party application infrastructure and AI providers, which may include cloud hosting, payment processing, and large language model providers, in order to deliver its functionality. We are not responsible for the availability or performance of third-party services, though we select vendors with reasonable care. Additional detail is available in our Privacy Policy.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY NAME SUGGESTED WILL BE LEGALLY AVAILABLE FOR USE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

We may suspend or terminate your access to the Service for violation of these Terms or for any reason with reasonable notice. You may terminate your account at any time. Sections that by their nature should survive termination (including Sections 5, 8, 9, 12, and 13) will survive.

11. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes (such as by email or in-app notice). Continued use of the Service after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

13. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding, individual arbitration, rather than in court, in accordance with the rules of a recognized arbitration provider (e.g., the American Arbitration Association), to be finalized in the executed version of these Terms. Arbitration will take place in San Diego County, California, unless you and the Company agree otherwise.

Class Action Waiver

You and the Company agree that any arbitration or proceeding shall be conducted on an individual basis only, and not as a class, collective, or representative action. You and the Company waive any right to participate in a class action lawsuit or class-wide arbitration.

You have the right to opt out of this arbitration agreement by notifying us in writing at our address below within 30 days of first accepting these Terms.

14. Contact

Questions about these Terms can be sent to: