Terms of Service

Effective Date: December 15, 2024

1. Acceptance of Terms

By accessing or using the Prompt Builder website, applications, or services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

Prompt Builder provides a platform for AI prompt generation and optimization, accessible via our website and its subdomains. The Service includes all software, data, text, images, and other content made available through any Prompt Builder interface. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features.

3. User Accounts

Registration:

You must register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Responsibility:

You are responsible for safeguarding your account, including maintaining the confidentiality of your account information and password. You are responsible for all activities that occur under your account, whether or not you have authorized such activities.

4. Use of the Service

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.

You agree not to use the Service for any illegal or unauthorized purpose, and you will abide by all laws, contracts, intellectual property, and third-party rights.

5. User Content

You retain all your rights to any text, images, or other content you submit to the Service ("User Content"). You grant Prompt Builder a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and perform your User Content on the Service for the purpose of providing and improving our services.

You represent and warrant that your User Content does not violate any laws or the rights of others.

6. Prohibited Conduct

You are solely responsible for your conduct while accessing or using the Service, and you agree not to:

Illegal Activities: Engage in any unlawful activity, including but not limited to fraud, privacy invasion, illegal gambling, drug trafficking, or terrorist activities.
Infringement: Infringe on the intellectual property rights, privacy rights, or other rights of any person or entity.
Abuse and Harassment: Harass, abuse, threaten, or incite violence against any individual or group based on race, religion, ethnicity, gender, sexual orientation, disability, or any other characteristic.
Disruption: Interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.
Unauthorized Access: Attempt to access any other user's account, or misrepresent your identity or affiliation with any person or organization.
Spam: Engage in any unsolicited advertising, marketing, or other activities, including any form of spam or unsolicited bulk email.
Harmful Content: Post, link to, or otherwise make available any information that is harmful, threatening, defamatory, obscene, or otherwise objectionable as determined by Prompt Builder.
Data Mining: Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data.
Circumvention of Security: Circumvent or attempt to circumvent any filtering, security measures, rate limits, or usage restrictions on the Service.

7. Subscription and Payment Terms

Certain features of the Service require a paid subscription. Subscription fees are charged in advance on a monthly or annual basis and are non-refundable except as required by law or as specifically stated in our refund policy.

We reserve the right to change our subscription plans and pricing at any time. If we change the price of your subscription, we will provide notice and the opportunity to cancel before the change takes effect.

8. Termination and Account Cancellation

Prompt Builder may terminate your access to the Service, with or without notice, if you breach these Terms. You may cancel your account at any time through your account settings or by contacting our support team. Upon termination, your right to use the Service will cease immediately.

9. Disclaimers

Prompt Builder provides its AI prompt generation service on an "as is" and "as available" basis. While we strive to provide a helpful, efficient, and accurate service, we cannot guarantee that our content, data, and information will always be accurate, complete, or applicable to your specific circumstances. Accordingly, you use the Service at your own risk.

We expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements, be error-free, uninterrupted, or that the quality of any data, content, information, or other material obtained through the Service will meet your expectations.

10. Limitation of Liability

In no event will Prompt Builder be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from: (a) your access to, use of, or inability to access or use the Service; (b) the output or content generated by the AI prompt generation tools; (c) any unauthorized access, use, or alteration of your transmissions or content.

Our total liability for all claims related to the Service will not exceed the amount you paid us, if any, for using the Service in the twelve (12) months preceding the claim or fifty U.S. dollars ($50), whichever is greater. This limitation of liability is a fundamental element of the basis of the bargain between you and Prompt Builder and shall apply to the fullest extent permitted by law.

11. Dispute Resolution

Governing Law:

These Terms and any disputes arising from or relating to your use of the Service will be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

Agreement to Arbitrate:

You and Prompt Builder agree to resolve any disputes arising from these Terms or your use of the Service through final and binding arbitration, except where you have, in accordance with applicable law, the right to pursue a claim in court for the infringement or other misuse of intellectual property rights.

Arbitration Process:

The arbitration will be conducted by a neutral arbitrator in accordance with the rules of an established alternative dispute resolution provider. The arbitration will occur in British Columbia, Canada, or another mutually agreed location. The arbitration will be conducted in the English language, and the arbitral decision may be enforced in any court.

Exceptions to Arbitration:

Both you and Prompt Builder retain the right to bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Prompt Builder and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

13. Changes to Terms

Prompt Builder reserves the right to modify these Terms at any time and will provide notice of significant changes through the Service or other means. Your continued use of the Service after changes signifies your acceptance of the revised Terms.

14. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please feel free to contact us through our support channels available on our website. We are committed to addressing your inquiries and will do our best to respond promptly.