Terms of Service for PromptBuilder

1. Description of Service

PromptBuilder provides a platform for users to create, save, organize, manage, share, and utilize AI prompt templates ("Prompts" or "Templates"). The Service may include features for editing, variable insertion, collaboration, and integration with third-party AI services (which may have their own terms).

2. Eligibility and Account Registration

You must be at least 16 years old to use the Service. To access certain features, you must register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain the security of your password and accept all risks of unauthorized access to your account; and (c) promptly notify us if you discover or suspect any security breaches related to the Service.

3. User Conduct

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms, including but not limited to:

• Violating any applicable local, state, national, or international law or regulation.
• Uploading, creating, or sharing any content that is unlawful, harmful, threatening, abusive, defamatory, infringing, obscene, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Using any automated means (e.g., scraping, robots, spiders) to access the Service or extract data, except as explicitly permitted by us.
• Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Service.

4. User Content

You retain ownership of all intellectual property rights in the Prompts and other content you create, upload, or store using the Service ("User Content").

However, by using the Service, you grant KLAPPR a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish (if you choose to share publicly), translate, distribute, and display your User Content solely to the extent necessary to provide, maintain, improve, and promote the Service.

You are solely responsible for your User Content and the consequences of posting, publishing, or sharing it. You represent and warrant that you have all necessary rights to grant the licenses granted herein and that your User Content does not violate any third-party rights or applicable laws. We have the right, but not the obligation, to monitor and remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

5. Intellectual Property Rights

Excluding your User Content, the Service itself, including its "look and feel," source code, logos, trademarks, features, and functionality, are and will remain the exclusive property of KLAPPR and its licensors. The Service is protected by copyright, trademark, and other laws of the Netherlands and foreign countries.

6. Fees, Payment, and Subscription (If Applicable)

• Subscription: Access to certain features of the Service may require payment of subscription fees. Current fees are listed on our website or within the Service.
• Billing: We use a third-party payment processor (Stripe) to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.
• Lifetime Deals (LTD): If you purchased a Lifetime Deal, your access is governed by the specific terms of that offer at the time of purchase, subject to these overall Terms of Service. "Lifetime" refers to the lifetime of the PromptBuilder Service.
• Changes: We reserve the right to change our subscription plans or adjust pricing for our services in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of the current billing period.
• Refunds: Payments are generally non-refundable except as required by law or as explicitly stated in a specific offer (e.g., LTD refund window).

7. Termination

• By You: You may terminate your account and stop using the Service at any time.
• By Us: We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, if we believe, in our sole discretion, that you have violated these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KLAPPR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLAPPR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED EUROS (€100).

10. Indemnification

You agree to defend, indemnify, and hold harmless KLAPPR and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through friendly negotiation. If a resolution cannot be reached, disputes shall be submitted to the competent courts of Amsterdam, the Netherlands.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting on our website or sending an email notification. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Information

If you have any questions about these Terms, please contact us at legal@thepromptbuilder.com.