Terms of Service

Effective Date: November 3, 2025 Last Updated: November 3, 2025 Version: 2.0 (General Availability)

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement to Terms

Welcome to Promptable. These Terms of Service ("Terms," "ToS," or "Agreement") constitute a legal agreement between you ("you," "your," or "User") and Promptable Technologies, Inc. ("Promptable," "we," "us," or "our") governing your access to and use of the Promptable platform and services.

By creating an account, accessing, or using Promptable, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1.2 Changes to Terms

We may modify these Terms at any time to reflect:

• Changes to our service features or business practices
• Legal, regulatory, or security requirements
• User feedback and service improvements

Material Changes: We will provide at least 30 days' advance notice of material changes via:

• Email to your registered email address
• Prominent notice in the Service (banner or popup)
• Updated "Last Updated" date at the top of these Terms

Non-Material Changes: We will update the "Last Updated" date. You can review the latest version at https://promptable.us/terms.

Your Acceptance: Your continued use of the Service after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms:

• Stop using the Service before the effective date
• For paid subscriptions, you may terminate before the end of your current billing period
• Contact us with concerns at legal@promptable.us

1.3 Additional Terms

Certain features or services may have additional terms, conditions, or policies:

• Privacy Policy: https://promptable.us/privacy (incorporated by reference)
• Payment Terms: Section 15 of this Agreement
• Enterprise Agreement: Separate agreement for enterprise customers
• API Terms: Separate terms if you use our API (if applicable)
• Beta Features: May have separate addendum during testing

In the event of conflict, these Terms control unless the additional terms expressly supersede these Terms.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirements

You must be at least 13 years old to use Promptable.

If you are 13-17 years old:

• You represent that you have obtained parental or guardian permission
• You understand and agree to these Terms
• Your parent/guardian is responsible for your use of the Service

If you are 18 or older:

• You have the legal capacity to enter into binding contracts
• You are not prohibited from using the Service under applicable law

If you are under 13:

• You may not use Promptable under any circumstances
• This is a strict requirement under U.S. law (COPPA)

2.2 Account Creation

To use Promptable, you must create an account by providing:

• Email address (required) - Valid and accessible
• Full name (required) - Your real name
• Password (required) - Strong and unique
• Birth year and month (optional) - For age verification
• Use case information (optional) - Helps us improve the Service

You represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain the accuracy of this information
• You will promptly update any changes to your information
• You will not impersonate any person or entity
• You will not create an account for anyone other than yourself without permission

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account, whether authorized or not
• Notifying us immediately of any unauthorized access or security breach
• Enabling two-factor authentication (2FA) for additional security

We recommend:

• Using a strong, unique password (not used for other services)
• Enabling two-factor authentication (2FA)
• Not sharing your account credentials with anyone
• Logging out of public or shared computers
• Using our Active Sessions feature to monitor devices

We are not liable for any loss or damage arising from unauthorized access to your account, except as required by law or if caused by our negligence.

2.4 Organizational Accounts

If you are creating an account on behalf of an organization (company, nonprofit, educational institution):

• You represent that you have authority to bind that organization
• References to "you" include both you individually and the organization
• The organization is responsible for all actions under the account
• The organization agrees to indemnify us for your actions (see Section 19)

2.5 Geographic Restrictions

Promptable is currently available only to users physically located in the United States.

You may not use the Service if you are located in:

• Any country subject to U.S. embargo
• Any country designated by the U.S. government as a "terrorist supporting" country
• Any country restricted under U.S. export control laws

You represent that:

• You are not located in any restricted jurisdiction
• You are not a person or entity prohibited from receiving U.S. exports
• You will comply with all applicable U.S. export laws and regulations

2.6 Multiple Accounts

You may not create multiple accounts to circumvent:

• Service limitations or restrictions
• Termination or suspension of a previous account
• Features limited to specific account types or tiers

Exception: You may create separate accounts for personal and business use, provided each account complies with these Terms.

2.7 Account Termination by You

You may terminate your account at any time:

• Through Account Settings → Delete Account, OR
• By emailing support@promptable.us with "Delete My Account" in the subject line

Effect of Termination:

• Your access to the Service will be terminated
• Your Content may be deleted (subject to backup retention periods)
• For paid accounts, see Section 15.7 (Cancellation and Refunds)
• Some data may be retained as described in our Privacy Policy

Export Your Data: We provide data export tools. You should export any Content you want to keep before deleting your account.

3. SERVICE DESCRIPTION

3.1 What Promptable Does

Promptable is an AI-powered prompt management platform that enables users to:

Core Features:

• Create, store, and organize prompts for use with AI systems
• Generate optimized prompts using AI assistance
• Upload and attach files for context in prompt generation
• Search and organize your prompt library
• Export your prompts and data

Collaboration Features (may vary by tier):

• Share prompts with team members
• Collaborative editing and version control
• Team workspaces and folders
• Comment and feedback tools

Enterprise Features (Enterprise tier only):

• Advanced access controls and permissions
• Audit logs and compliance reporting
• Single sign-on (SSO) integration
• Dedicated support
• Custom integrations

3.2 Service Availability and Uptime

Best Efforts: We strive to provide reliable, uninterrupted service, but we do not guarantee:

• Continuous or uninterrupted access
• Error-free or bug-free operation
• Specific uptime percentages (except for Enterprise tier with negotiated SLA)

Maintenance: We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may occur without notice.

Service Interruptions: The Service may be unavailable due to:

• Technical issues or infrastructure failures
• Maintenance, updates, or improvements
• Security incidents or attacks
• Third-party service failures (hosting, database, APIs)
• Force majeure events (natural disasters, wars, pandemics)

We are not liable for: Temporary unavailability, service interruptions, or any resulting damages (subject to Section 17 - Limitation of Liability).

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice.

This includes:

• Adding, changing, or removing features
• Changing user interfaces or workflows
• Modifying storage limits, file types, or usage restrictions
• Changing or discontinuing integrations with third-party services
• Deprecating older versions or features

We will use reasonable efforts to:

• Notify users of significant feature changes
• Provide migration tools for deprecated features
• Minimize disruption to existing workflows

No Liability: We are not liable for any modifications, suspension, or discontinuation of the Service or any features (subject to Section 17).

3.4 Beta Features

From time to time, we may offer features designated as "beta," "preview," "experimental," or similar terms ("Beta Features").

Beta Features are provided AS IS and may:

• Be incomplete or unreliable
• Contain bugs or errors
• Change or be discontinued without notice
• Not be covered by any service level agreements
• Have limited or no support

By using Beta Features, you acknowledge:

• They are experimental and not production-ready
• We may collect additional data about your use for improvement
• They may be removed or significantly changed at any time
• You use them at your own risk

3.5 Third-Party Services

The Service may integrate with or rely on third-party services, including:

• OpenAI (AI prompt generation, embeddings, content moderation)
• Cloud hosting providers (Fly.io, Supabase)
• File storage (Wasabi S3)
• Email delivery (Resend)
• Payment processing (Stripe or similar)
• Analytics and monitoring tools

You acknowledge:

• We do not control third-party services
• Third-party services have their own terms and privacy policies
• Third-party service failures may affect Promptable functionality
• We are not responsible for third-party service performance or availability

Your Responsibility:

• Review third-party terms and privacy policies before using integrated features
• Comply with third-party terms when using their services through Promptable
• Understand that your data may be processed by third parties as described in our Privacy Policy

4. ACCEPTABLE USE POLICY

4.1 Permitted Uses

You may use Promptable for lawful purposes, including:

• Personal productivity and organization
• Professional work and business activities
• Education and research
• Creative writing and content creation
• Testing and exploring AI capabilities
• Collaboration with team members

4.2 Prohibited Uses

You may NOT use Promptable for any purpose that violates these Terms, applicable laws, or third-party rights.

4.2.1 Illegal Activities

You may not use Promptable for:

• Any activity that violates federal, state, or local laws
• Fraud, theft, money laundering, or financial crimes
• Harassment, stalking, threats, or intimidation
• Intellectual property infringement (copyright, trademark, patent, trade secret)
• Securities fraud or market manipulation
• Identity theft or impersonation
• Unauthorized access to computer systems (hacking)
• Distribution of illegal goods or services

4.2.2 Harmful Content

You may not create, upload, or share content that:

• Child sexual abuse material (CSAM) - Zero tolerance, immediate termination and law enforcement reporting
• Exploits, harms, or endangers minors in any way
• Constitutes non-consensual intimate imagery (revenge porn, deepfakes)
• Promotes violence, hate speech, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics
• Provides instructions for creating weapons, explosives, or dangerous materials
• Contains malware, viruses, or malicious code
• Depicts graphic violence or gore for gratification
• Promotes self-harm, suicide, or eating disorders
• Constitutes terrorist content or recruitment materials

4.2.3 Abusive Behavior

You may not:

• Attempt to circumvent security measures, authentication, or access controls
• Reverse engineer, decompile, disassemble, or derive source code from the Service
• Use automated tools to scrape, crawl, or extract data (except via official API with permission)
• Launch denial-of-service (DoS) attacks or overwhelm the Service with requests
• Create multiple accounts to circumvent restrictions or limits
• Share your account credentials or access with unauthorized persons
• Interfere with other users' use and enjoyment of the Service
• Probe, scan, or test vulnerabilities without explicit written permission
• Forge headers, impersonate others, or manipulate identifiers

4.2.4 Privacy Violations

You may not:

• Upload personal information about others without their consent
• Dox individuals (share private contact or location information to enable harassment)
• Impersonate another person or organization
• Access another user's account without explicit permission
• Collect or harvest personal information from other users
• Share authentication tokens or access credentials

4.2.5 Misuse of AI Features

You may not:

• Attempt to "jailbreak" or circumvent AI safety measures
• Generate content that violates OpenAI's usage policies or our Acceptable Use Policy
• Use AI features to generate spam, misleading content, or disinformation
• Create content for manipulation, deception, or fraud
• Attempt to extract proprietary information about our AI models or systems
• Use AI features in ways that harm or exploit others

4.2.6 Commercial Restrictions

Unless you have an appropriate paid subscription:

• You may not use the Service for commercial purposes
• You may not resell or redistribute access to the Service
• You may not use the Service to compete with Promptable
• You may not benchmark performance to compete with or disparage us

4.3 Content Moderation

We reserve the right, but have no obligation, to:

• Monitor content for compliance with these Terms
• Remove or disable access to content that violates these Terms
• Use automated and manual content moderation systems
• Report illegal content to law enforcement

Content Moderation Systems:

• Automated detection of prohibited content (CSAM, violence, hate speech)
• AI-powered jailbreak attempt detection
• Malware and virus scanning for uploaded files

You acknowledge:

• Content moderation is not perfect and may have false positives/negatives
• We cannot guarantee detection of all prohibited content
• We are not liable for user-generated content (Section 5.3)
• You are responsible for all content you upload or create

4.4 Enforcement and Consequences

Violations of this Acceptable Use Policy may result in:

1. Warning - First-time or minor violations

• We may send a warning email
• You must cure the violation within the specified time

2. Content Removal - Content that violates these Terms

• We may remove or disable access to specific content
• You may appeal content removal decisions

3. Feature Restrictions - Repeated or moderate violations

• We may restrict access to certain features (e.g., file uploads, AI generation)
• Restrictions may be temporary or permanent

4. Account Suspension - Serious or repeated violations

• Temporary suspension (7-30 days)
• You retain access to export your data during suspension
• Paid subscriptions are not paused during suspension

5. Account Termination - Severe violations or repeated offenses

• Immediate and permanent termination of your account
• No refund of any prepaid fees
• Loss of all data (subject to backup retention and legal requirements)

6. Legal Action - Criminal activity or violations causing significant harm

• Civil litigation to recover damages
• Cooperation with law enforcement
• Criminal prosecution where appropriate

7. Mandatory Reporting - Required by law

• CSAM reporting to National Center for Missing & Exploited Children (NCMEC)
• Credible threats of violence to law enforcement
• Other illegal activity as required by law

We may terminate your account immediately for serious violations without prior warning.

4.5 Reporting Violations

If you become aware of any violation of these Terms:

• Security vulnerabilities: security@promptable.us
• Illegal content (CSAM, threats): security@promptable.us
• Terms violations: support@promptable.us
• Copyright infringement: dmca@promptable.us (see Section 10)

Please include:

• Your contact information
• Description of the violation
• URL or location of the violating content
• Any supporting evidence or documentation

We will investigate all reports promptly. However, we cannot guarantee action on every report and may not disclose the outcome of investigations.

5. USER RESPONSIBILITIES

5.1 Account Responsibilities

You are responsible for:

• Account Security: Maintaining confidentiality of your password and credentials
• Accurate Information: Providing and maintaining accurate account information
• Authorized Use: Ensuring all use of your account complies with these Terms
• Third-Party Access: Any third-party access you authorize (team members, integrations)
• Activity Monitoring: Regularly reviewing your account activity for unauthorized access

5.2 Content Responsibilities

You are responsible for:

• Your Content: All content you create, upload, or share through the Service
• Content Legality: Ensuring your Content complies with applicable laws
• Third-Party Rights: Not violating others' intellectual property, privacy, or other rights
• Backup: Creating and maintaining backups of important Content
• AI Review: Reviewing all AI-generated content before use or distribution

Best Practices:

• Do not rely solely on Promptable for storing critical information
• Use our export features regularly to back up your data
• Review AI-generated content for accuracy, bias, or inappropriate material
• Do not upload sensitive personal information you cannot afford to lose

5.3 Third-Party Content

We are not responsible for:

• Content created by other users
• Third-party content linked or referenced in the Service
• Accuracy, legality, or appropriateness of user-generated content

You acknowledge:

• We do not endorse user-generated content
• We are a platform provider, not a publisher of user content
• You access third-party content at your own risk

5.4 Usage Limits and Fair Use

While we strive to provide generous usage limits, you agree to:

• Use the Service in a reasonable manner
• Not abuse or excessively consume system resources
• Comply with any published usage limits (storage, API calls, file uploads)
• Not use automated tools to generate excessive requests

We reserve the right to:

• Implement or modify usage limits at any time
• Throttle or rate-limit excessive usage
• Charge additional fees for usage beyond plan limits
• Suspend accounts that abuse the Service

Fair use means:

• Using the Service for its intended purposes
• Not monopolizing shared resources
• Respecting the experience of other users
• Complying with reasonable usage expectations for your tier

5.5 Compliance with Laws

You are responsible for:

• Complying with all applicable federal, state, and local laws
• Complying with laws in your jurisdiction regarding online conduct and content
• Obtaining any necessary permits, licenses, or approvals for your use
• Paying any taxes associated with your use of the Service

You represent and warrant that:

• Your use of the Service does not violate any laws or regulations
• You have all necessary rights and permissions for your Content
• You are not located in any restricted jurisdiction (Section 2.5)
• You comply with U.S. export control laws (Section 23)

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Promptable Intellectual Property

All intellectual property rights in the Service belong to Promptable or our licensors.

This includes, but is not limited to:

• The Promptable name, logo, trademarks, and brand
• The Service software, code, algorithms, and architecture
• The user interface design, layout, and visual elements
• The databases, data structures, and organization
• Documentation, help materials, and tutorials
• All improvements, enhancements, and derivative works

Copyright © 2025 Promptable Technologies, Inc. All rights reserved.

6.2 Limited License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your permitted use cases
• Download and use our mobile or desktop applications (if any)
• Use API access (if provided under your plan)

This license does NOT permit you to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels
• Use the Service to build a competitive product or service
• Rent, lease, sell, sublicense, or transfer your access to others

Termination: This license terminates automatically when your account is terminated or these Terms end.

6.3 Trademark Policy

"Promptable" and our logo are trademarks of Promptable Technologies, Inc.

You may not:

• Use our trademarks without our prior written permission
• Use our trademarks in a way that implies endorsement or affiliation
• Register domain names, social media handles, or trademarks confusingly similar to ours
• Use our trademarks in a misleading or harmful manner

Exceptions:

• You may reference "Promptable" descriptively (e.g., "I use Promptable for prompt management")
• You may use our logos in accordance with our Brand Guidelines (if we provide them)
• Nominative fair use (identifying our service in reviews, articles, etc.)

6.4 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or other input ("Feedback"):

• You grant us a perpetual, worldwide, royalty-free, transferable license to use the Feedback
• We may use Feedback to improve the Service without restriction
• We have no obligation to compensate you for Feedback
• We have no obligation to implement or use any Feedback

This means: If you suggest a feature and we implement it, you have no ownership rights to that feature.

6.5 Open Source Software

The Service may incorporate open source software components subject to their respective licenses. Those licenses are available upon request and govern your use of such components.

Nothing in these Terms restricts your rights under applicable open source licenses.

7. USER CONTENT AND LICENSING

7.1 Ownership of Your Content

You retain all ownership rights to content you create or upload ("Your Content").

This includes:

• Prompts you write or create
• Files you upload (documents, images, etc.)
• Descriptions, notes, and metadata you add
• AI-generated content you create using the Service

We do not claim ownership of Your Content. However, you grant us certain rights to Your Content as described below.

7.2 License You Grant to Promptable

By uploading or creating Content in the Service, you grant Promptable a limited license to use Your Content.

License Grant: You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Store, host, and backup Your Content on our servers
• Display Your Content back to you and users you authorize
• Process Your Content to provide Service features (search, organization, AI features)
• Make copies necessary for system operations (backups, caching, redundancy)
• Transmit Your Content over networks and modify it as necessary for technical compatibility

This license is limited to operating and providing the Service to you.

We will NOT:

• Sell or license Your Content to third parties for their own use
• Use Your Content for advertising or marketing without your permission
• Publicly display Your Content without your authorization
• Share Your Content with other users unless you explicitly share it

7.3 Sharing and Collaboration

If you share Content with other users or make it publicly accessible:

• You grant those users rights consistent with the sharing permissions you set
• You are responsible for managing access and permissions
• We are not responsible for how other users use Content you share with them

Public Content: If you make Content public, you grant all users a license to view and use that Content consistent with the Service functionality.

7.4 AI-Generated Content

Content generated by AI using the Service belongs to you, subject to:

• OpenAI's terms of use for AI-generated content
• Your compliance with these Terms
• Limitations on AI-generated content ownership under copyright law

You acknowledge:

• AI-generated content may not be subject to copyright protection
• AI-generated content may be similar to content generated for other users
• You are responsible for reviewing and editing AI-generated content before use
• You cannot represent AI-generated content as solely human-created if legally required to disclose AI involvement

7.5 Content Processing and AI Features

When you use AI features (prompt generation, file embeddings):

• Your input and uploaded files may be processed by OpenAI's APIs
• OpenAI's terms and privacy policy apply to AI processing
• Your saved prompts in the library are NOT processed by AI unless you explicitly use AI features

See our Privacy Policy for complete details on AI processing.

7.6 Prohibited Content

Do not upload or create Content that:

• Violates our Acceptable Use Policy (Section 4)
• Infringes others' intellectual property rights
• Contains malware, viruses, or malicious code
• Violates any applicable laws or regulations
• You do not have the right to share

If you upload prohibited Content:

• We may remove it without notice
• Your account may be suspended or terminated
• You may be liable for damages and legal consequences

7.7 Content Retention and Deletion

Active Accounts: We retain Your Content as long as your account is active and as necessary to provide the Service.

Deleted Content: When you delete Content:

• It is marked for deletion and removed from active systems
• It may remain in backups for up to 90 days
• It may be retained longer if required for legal compliance or dispute resolution

Account Termination: When you terminate your account:

• Your Content will be deleted within 30 days (except as required by law)
• You should export any Content you want to keep before terminating
• We are not obligated to retain or provide deleted Content

Legal Holds: We may retain Content if subject to legal obligations (litigation, government requests, investigations).

8. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

8.1 Copyright Policy

Promptable respects intellectual property rights and expects users to do the same.

We will promptly remove content upon receiving valid DMCA takedown notices.

Repeat Infringer Policy: Users who repeatedly infringe copyrights will have their accounts terminated.

8.2 DMCA Takedown Procedure

If you believe that content on Promptable infringes your copyright, send a written notice to our designated DMCA agent:

DMCA Agent: Promptable Technologies, Inc. Attn: DMCA Agent 92 Corporate Park, #C-231 Irvine, CA 92606 Email: dmca@promptable.us

Your notice must include:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the allegedly infringing material and its location in the Service
4. Your contact information (address, phone, email)
5. A statement that you have a good faith belief the use is unauthorized
6. A statement under penalty of perjury that the information is accurate and you are authorized to act

Upon receiving a valid notice:

• We will remove or disable access to the allegedly infringing content
• We will notify the user who posted the content
• We will document the notice and removal for our records

8.3 DMCA Counter-Notice Procedure

If your content was removed due to a DMCA notice and you believe the removal was incorrect, you may file a counter-notice.

Your counter-notice must include:

1. Your physical or electronic signature
2. Identification of the material removed and its former location
3. A statement under penalty of perjury that the material was removed by mistake or misidentification
4. Your contact information (name, address, phone, email)
5. Consent to jurisdiction in the federal district court for your address (or California if outside the U.S.)
6. Statement that you will accept service of process from the person who filed the original notice

Send counter-notices to: dmca@promptable.us

Upon receiving a valid counter-notice:

• We will forward it to the original complainant
• We will restore the content in 10-14 business days unless the complainant files a court action
• We are not obligated to restore content and may refuse at our discretion

8.4 False Claims

False DMCA notices or counter-notices may result in:

• Legal liability for damages under 17 U.S.C. § 512(f)
• Attorney's fees and costs
• Perjury prosecution

Do not file false claims. Consult an attorney if you are unsure about the legal merit of your claim.

9. DISCLAIMERS OF WARRANTIES

9.1 General Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMPTABLE DISCLAIMS ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY - That the Service is fit for any particular purpose
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE - That it meets your specific needs
• IMPLIED WARRANTIES OF NON-INFRINGEMENT - That it doesn't violate third-party rights
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

9.2 Specific Disclaimers

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects will be corrected
• The Service will be compatible with all devices or platforms
• Your Content will be securely stored or protected from loss

We do not warrant the accuracy, completeness, or usefulness of:

• AI-generated content or prompts
• Information provided by the Service
• Third-party services integrated with Promptable
• User-generated content

9.3 Limited Warranty for Paid Subscriptions

For users with active paid subscriptions, Promptable warrants that:

• The Service will perform materially in accordance with our published documentation
• We will use commercially reasonable efforts to provide reliable service

This limited warranty:

• Applies only during your active paid subscription period
• Does not apply to problems caused by: accident, abuse, misuse, third-party products, unauthorized modifications, or use contrary to our documentation
• Does not apply to Beta Features, free trials, or promotional periods

Sole Remedy: If the Service fails to materially comply with our documentation, our sole obligation (and your exclusive remedy) is to:

• Use commercially reasonable efforts to correct the non-conformance, OR
• If we cannot correct it within 30 days, refund a pro-rata portion of your prepaid fees for the affected period

EXCEPT FOR THIS LIMITED WARRANTY, THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES.

9.4 AI Content Disclaimer

AI-generated content may be:

• Inaccurate, incomplete, or misleading
• Biased, offensive, or inappropriate
• Similar to content generated for others
• Not subject to copyright protection

You are solely responsible for:

• Reviewing all AI-generated content before use
• Verifying accuracy and appropriateness
• Editing and modifying AI output as needed
• Compliance with laws regarding AI-generated content
• Any harm caused by AI content you use or distribute

We make no representations about the quality, accuracy, or reliability of AI-generated content.

9.5 Third-Party Service Disclaimer

The Service relies on third-party services (OpenAI, hosting providers, payment processors).

We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or terms
• Data loss or breaches at third-party providers
• Third-party service fees or pricing changes

You acknowledge: Third-party service failures may affect Promptable functionality, and we are not liable for such failures.

9.6 Data Loss

We are not responsible for:

• Loss of Your Content due to any cause (technical failure, user error, third-party actions)
• Corruption of Your Content
• Inability to recover deleted Content
• Data loss during migration, updates, or maintenance

You acknowledge:

• It is your responsibility to backup Your Content
• We provide export tools but do not guarantee their accuracy or completeness
• Deleted data cannot be recovered after the retention period

9.7 Security

We are not responsible for:

• Unauthorized access to your account due to weak passwords or compromised credentials
• Phishing attacks or social engineering targeting you
• Malware or viruses on your device
• Interception of data in transit (though we use encryption)

You acknowledge: No system is perfectly secure, and you use the Service at your own risk.

9.8 Jurisdictional Variations

Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions:

• The above disclaimers may not apply to you in whole or in part
• You may have additional rights that cannot be waived
• Any implied warranties are limited to the minimum period required by law

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMPTABLE SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES: Lost profits, lost revenue, lost data, lost opportunities
• INCIDENTAL DAMAGES: Costs of substitute services, business interruption
• CONSEQUENTIAL DAMAGES: Damage to reputation, emotional distress
• SPECIAL DAMAGES: Any damages beyond direct damages
• PUNITIVE DAMAGES: Damages intended to punish
• EXEMPLARY DAMAGES: Damages to set an example

THIS LIMITATION APPLIES REGARDLESS OF:

• The legal theory (contract, tort, negligence, strict liability, or otherwise)
• Whether we were advised of the possibility of such damages
• Whether such damages were foreseeable

THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING:

• Service unavailability, interruption, or errors
• Data loss or corruption
• Unauthorized access to your account
• Content removal or account termination
• Third-party service failures
• AI-generated content issues
• Any breach of these Terms
• Any breach of our Privacy Policy

10.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMPTABLE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED:

For Free Users: The greater of (a) $100, or (b) the amount you paid us in the 12 months before the claim arose (if any).

For Paid Users: The amount you paid us in the 12 months immediately preceding the claim.

For Enterprise Users: The amount specified in your Enterprise Agreement, or if not specified, the amount paid in the 12 months preceding the claim.

This cap applies to all claims in the aggregate, not per incident.

10.3 Essential Purpose

You acknowledge that:

• These limitations are a fundamental element of the basis of the bargain between you and Promptable
• We would not provide the Service without these limitations
• These limitations will apply even if any limited remedy fails of its essential purpose

10.4 Exceptions

These limitations do not apply to liability for:

• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Violations that cannot be limited by applicable law
• Your indemnification obligations under Section 19
• Your payment obligations under Section 15

10.5 Jurisdictional Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions:

• The above limitations may not apply to you in whole or in part
• Our liability shall be limited to the maximum extent permitted by applicable law

11. INDEMNIFICATION

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Promptable Technologies, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

a) Your Content:

• Any claim that Your Content infringes or violates third-party intellectual property rights
• Any claim that Your Content violates third-party privacy or publicity rights
• Any claim that Your Content is defamatory, harmful, or illegal
• Any claim arising from Content you share with or make accessible to others

b) Your Use of the Service:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your negligence or willful misconduct
• Your violation of third-party rights
• Unauthorized use of your account (unless due to our negligence)

c) Your Misrepresentations:

• Any false or inaccurate information you provide
• Breach of any representation or warranty in these Terms
• Your lack of authority to accept these Terms on behalf of an organization

d) Your Downstream Users:

• Any claims arising from persons or entities you authorized to use your account
• Any actions by your team members, employees, or contractors

11.2 Indemnification Procedure

If a claim is made:

1. We will provide you with prompt written notice of the claim
2. We may, at our discretion, control the defense and settlement of the claim
3. You will cooperate fully in the defense of the claim
4. You will provide information and assistance as reasonably requested
5. You will not settle any claim without our prior written consent

Failure to provide prompt notice does not relieve you of indemnification obligations, except to the extent you are materially prejudiced by the delay.

11.3 Our Indemnification (For Enterprise Customers)

For Enterprise customers with separate Enterprise Agreements, we may agree to indemnify you for third-party intellectual property infringement claims arising from your authorized use of the Service, subject to the terms of your Enterprise Agreement.

This indemnification does NOT apply to:

• Standard terms users (this Section 11.3 does not apply to you)
• Free tier users
• Paid subscription users without a separate Enterprise Agreement

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Informal Resolution

Before filing any formal dispute, you agree to:

1. Contact us at legal@promptable.us describing the dispute
2. Provide us with 30 days to resolve the dispute informally
3. Engage in good faith negotiations to resolve the matter

Many disputes can be resolved quickly and efficiently through informal resolution.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that:

a) Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except as provided in Section 12.5 (Exceptions).

b) Arbitration Rules: Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes.

c) Arbitration Location: Arbitration shall be conducted in Orange County, California, or at another mutually agreed location.

d) Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all disputes, including disputes about the scope, enforceability, or arbitrability of this arbitration agreement.

e) Arbitration Costs:

• Each party bears its own attorneys' fees and costs
• AAA filing fees and arbitrator fees shall be allocated according to AAA rules
• For consumer disputes, we will pay AAA filing fees and arbitrator fees if your claim is for less than $10,000 and not frivolous

f) Arbitration Award: The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND PROMPTABLE AGREE THAT:

• Each party may bring claims against the other only in an individual capacity
• Neither party may bring claims as a class member in any class or representative action
• The arbitrator may not consolidate multiple parties' claims
• The arbitrator may not preside over any form of representative or class proceeding

If the class action waiver is found unenforceable, the entire arbitration agreement (Section 12.2) shall be void, and the dispute shall proceed in court.

12.4 Opt-Out Right

You have the right to opt out of this arbitration agreement.

To opt out:

• Send an email to legal@promptable.us with subject line "Arbitration Opt-Out"
• Include your full name, email address, and statement that you wish to opt out
• Opt-out must be sent within 30 days of accepting these Terms

If you opt out:

• You may bring disputes in court (subject to Section 12.6)
• All other provisions of these Terms remain in effect
• Opt-out is permanent and cannot be reversed

12.5 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

1. Claims in small claims court (if they qualify and remain in small claims court)
2. Claims for injunctive or equitable relief to protect intellectual property rights
3. Claims that cannot be arbitrated under applicable law

12.6 Governing Law and Venue

These Terms shall be governed by:

• The laws of the State of California
• Federal law (where applicable)
• WITHOUT regard to conflicts of law principles

If disputes are not arbitrated (due to exceptions or opt-out):

• Exclusive jurisdiction and venue: State and federal courts in Orange County, California
• You consent to personal jurisdiction in these courts
• You waive any objection to venue or inconvenient forum

12.7 Limitations Period

You agree that:

• Any claim or cause of action must be filed within ONE (1) YEAR after the claim arose
• Claims not filed within one year are permanently barred
• The one-year period begins when you knew or should have known of the claim

This limitation applies to all claims, including:

• Contract claims
• Tort claims (negligence, fraud, etc.)
• Statutory claims
• All other legal theories

12.8 Waiver of Jury Trial

IF ARBITRATION DOES NOT APPLY OR IS FOUND UNENFORCEABLE:

• You and Promptable waive the right to a jury trial
• Any litigation shall be decided by a judge, not a jury
• This waiver applies to all claims and all courts

12.9 No Class Actions in Court

IF ARBITRATION DOES NOT APPLY OR IS FOUND UNENFORCEABLE:

• You may not bring claims as a class member or class representative
• You may not participate in any class action, collective action, or representative action
• You may only pursue claims on an individual basis

13. TERM AND TERMINATION

13.1 Term

These Terms commence when you accept them and continue until terminated by either party as described below.

13.2 Termination by You

You may terminate these Terms at any time by:

1. Deleting your account through Account Settings, OR
2. Emailing support@promptable.us with "Delete My Account" in the subject line

Effect of Your Termination:

• Your account will be deleted within 5 business days
• You lose access to the Service and Your Content
• Your Content will be deleted within 30 days (subject to retention requirements)
• For paid accounts, see Section 15.7 (Cancellation and Refunds)

Before terminating, you should:

• Export any Content you want to keep
• Cancel any active paid subscriptions
• Download any files or data you need

13.3 Termination by Promptable

We may terminate or suspend your account immediately, without notice, for:

• Violation of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent activity or payment disputes
• Threats to the security or integrity of the Service
• Legal requirements or court orders
• Extended inactivity (after notice)
• Any reason, at our sole discretion

We may also terminate:

• With 30 days' notice for convenience
• With immediate effect if you breach material terms
• With immediate effect if you pose a risk to other users

Effect of Our Termination:

• Immediate loss of access to your account
• Deletion of Your Content (subject to retention requirements)
• No refund of prepaid fees (except as required by law)
• Continued obligations under Sections that survive termination

13.4 Effect of Termination

Upon any termination:

Your Obligations:

• You must stop accessing and using the Service
• You must delete any Service software or applications
• You remain liable for any amounts owed

Our Obligations:

• We will delete Your Content within 30 days (except as retained for legal compliance)
• We will process any owed refunds (if applicable)
• We will provide data export for 30 days if you request it before termination

Data Retention:

• Some data may be retained as described in our Privacy Policy
• Backup copies may persist for up to 90 days
• Data may be retained longer if required for legal compliance, dispute resolution, or enforcement

13.5 Survival

The following provisions survive termination:

• Section 6 (Intellectual Property Rights) - Promptable's IP remains ours
• Section 7.2 (License Grant) - For Content still being processed
• Section 8 (DMCA) - For claims arising before termination
• Section 9 (Disclaimers) - No new warranties arise from termination
• Section 10 (Limitation of Liability) - Limitations apply to all claims
• Section 11 (Indemnification) - For claims arising before or after termination
• Section 12 (Dispute Resolution) - Applies to disputes about termination
• Section 15 (Payment Terms) - For unpaid amounts
• Section 22 (General Provisions) - Legal framework provisions

Other provisions that by their nature should survive will survive termination.

14. MODIFICATIONS TO THE SERVICE

14.1 Right to Modify

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice.

Modifications may include:

• Adding, changing, or removing features
• Changing user interfaces or workflows
• Modifying APIs, integrations, or data structures
• Changing storage limits or usage restrictions
• Updating security measures or authentication methods
• Deprecating older versions or functionalities

14.2 Notification of Changes

For significant changes that materially affect your use:

• We will provide at least 30 days' advance notice via email or in-app notification
• We will describe the nature and impact of the changes
• We will provide migration tools or guidance where reasonably feasible

For minor changes, bug fixes, or security updates:

• No advance notice required
• Changes may be implemented immediately

14.3 Your Options

If you do not agree with Service modifications:

• You may terminate your account as described in Section 13.2
• For paid subscriptions, you may cancel and receive a pro-rata refund for the unused portion of your prepaid fees (if terminating within 30 days of change notification)
• Continued use after the effective date constitutes acceptance of the changes

14.4 No Liability

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, subject to Section 10 (Limitation of Liability) and applicable law.

15. PAYMENT TERMS

15.1 Subscription Plans

Promptable offers the following subscription tiers:

a) Free Tier:

• No charge
• Limited features and storage
• Subject to usage limitations
• May include advertisements (at our discretion)
• Best-effort support

b) Paid Tiers (Individual/Team/Professional):

• Monthly or annual billing
• Enhanced features and storage
• Higher usage limits
• Priority support
• No advertisements

c) Enterprise Tier:

• Custom pricing
• Custom features and SLA
• Dedicated support
• Separate Enterprise Agreement required

Current pricing is available at: https://promptable.us/pricing

15.2 Billing and Payment

By subscribing to a paid tier, you authorize us to charge your payment method:

a) Recurring Billing:

• Monthly subscriptions: Charged on the same day each month
• Annual subscriptions: Charged on the anniversary of your subscription start date
• Charges process automatically until you cancel

b) Payment Methods:

• Credit card (Visa, Mastercard, American Express, Discover)
• Debit card
• PayPal (if available)
• Invoice (Enterprise tier only)

c) Payment Processor:

• Payments are processed by our third-party payment processor (e.g., Stripe)
• We do not store your full credit card number
• Payment processor terms and privacy policy apply

d) Authorization:

• You represent that you are authorized to use the payment method
• You authorize us to store your payment method information
• You authorize recurring charges until you cancel

15.3 Taxes

You are responsible for all taxes, fees, and duties associated with your subscription, except for taxes on Promptable's income.

This includes:

• Sales tax, VAT, GST, or similar consumption taxes
• Withholding taxes (if applicable)
• Customs duties or import taxes

We will collect sales tax where required by law. If you are exempt from sales tax, you must provide valid exemption documentation.

15.4 Price Changes

We may change subscription prices at any time.

For existing subscribers:

• We will provide at least 30 days' advance notice of price increases
• The new price applies at your next renewal after the notice period
• You may cancel before the renewal date to avoid the new price
• Price decreases apply immediately at your next renewal

Price changes do not affect:

• Your current billing period (if already paid)
• Promotional pricing commitments (if specified)
• Enterprise Agreement pricing (separate negotiation required)

15.5 Failed Payments

If a payment fails:

1. We will attempt to charge your payment method multiple times over 7 days
2. We will notify you via email of the failed payment
3. You must update your payment method in Account Settings
4. Your account may be suspended if payment is not received within 7 days
5. Your account may be downgraded to Free Tier if payment fails for 30 days

During suspension:

• You retain read-only access to export your data
• You cannot create or edit content
• We may delete Content that exceeds Free Tier limits

To restore your account:

• Update your payment method and pay any outstanding balance
• Your account will be restored within 24 hours of successful payment

15.6 Refund Policy

Our general policy is NO REFUNDS for subscription services.

Exceptions:

• Service Failure: If the Service is unavailable for more than 48 consecutive hours (except for scheduled maintenance or circumstances beyond our control), you may request a pro-rata refund for the affected period
• Billing Errors: If you are charged incorrectly, we will refund the overcharge
• Termination by Us: If we terminate your account without cause, you will receive a pro-rata refund for any unused portion of prepaid fees
• Price Increases: If you cancel within 30 days of a price increase notice, you may receive a pro-rata refund
• Required by Law: Where refunds are legally required

To request a refund:

• Email support@promptable.us with "Refund Request" in the subject line
• Include your account email, reason for refund, and relevant documentation
• We will review and respond within 10 business days
• Refunds are processed to your original payment method within 14 days of approval

Refund requests must be made within 30 days of the charge.

15.7 Cancellation

You may cancel your subscription at any time:

• Through Account Settings → Subscription → Cancel
• By emailing support@promptable.us with "Cancel Subscription" in subject

Effect of Cancellation:

• Immediate: You will not be charged for future billing periods
• Access: You retain access until the end of your current paid period
• Downgrade: At the end of the paid period, your account downgrades to Free Tier
• Content: Content exceeding Free Tier limits may be deleted after 30 days
• No Refund: You will not receive a refund for the current billing period (except as described in Section 15.6)

Before cancelling:

• Export any Content you want to keep
• Understand what features you will lose
• Know that you can resubscribe at any time (at then-current pricing)

15.8 Free Trials

We may offer free trials of paid tiers from time to time.

Free trial terms:

• Duration specified at sign-up (typically 7, 14, or 30 days)
• Full access to paid tier features during trial
• Credit card required at sign-up (to prevent abuse)
• Automatically converts to paid subscription at trial end unless you cancel
• One free trial per user/email address

To avoid charges:

• Cancel before the trial ends
• You may continue using the Free Tier

Abuse of free trials:

• Creating multiple accounts for multiple trials
• Using fake or stolen payment methods
• Any attempt to circumvent the one-trial limit
• May result in immediate account termination without notice

15.9 Promotional Pricing

We may offer promotional discounts or special pricing from time to time.

Promotional terms:

• Specified in the promotion offer
• May require a promotional code
• May have eligibility restrictions
• May have minimum commitment periods
• May not be combined with other offers

When promotions end:

• Your subscription renews at regular pricing
• We will notify you before the promotional rate expires
• You may cancel to avoid regular pricing

15.10 Enterprise Billing

Enterprise customers have separate billing terms:

• Invoicing available (Net 30 or other terms)
• Purchase orders accepted
• Volume discounts available
• Annual commitment may be required
• Custom payment schedules negotiable

Contact sales@promptable.us for Enterprise pricing and terms.

15.11 Currency

All prices are in United States Dollars (USD) unless otherwise specified.

If you pay in another currency:

• Exchange rates are determined by our payment processor at the time of charge
• Currency conversion fees may apply (charged by your bank or credit card company)
• Prices may fluctuate based on exchange rates

16. DATA RIGHTS AND PORTABILITY

16.1 Your Data Rights

You have the right to:

• Access your personal information and Content
• Correct inaccuracies in your personal information
• Export your Content and data
• Delete your account and associated data
• Restrict or object to certain processing (as described in Privacy Policy)

See our Privacy Policy for complete details on exercising these rights.

16.2 Data Export

We provide tools to export your data:

• Through Account Settings → Export Data
• Formats: JSON, CSV, or other structured formats
• Includes: Prompts, files, metadata, account information
• Does not include: System logs, backups, or derivative data

Export process:

• Request export through Account Settings
• We will prepare your export file (typically within 24 hours)
• Download link will be provided via email
• Export file available for 7 days
• You may request exports at any time (subject to reasonable limits)

Before account deletion, you should export any Content you want to keep.

16.3 Data Portability

We support data portability to the extent technically feasible:

• Exported data is in standard formats where possible
• You may import data to other services that support the format
• We do not guarantee compatibility with other services
• We do not provide import tools for other services' formats

16.4 Data Retention After Account Deletion

When you delete your account:

• Your Content is deleted within 30 days from active systems
• Backup copies may persist for up to 90 days
• Some data is retained longer as described in our Privacy Policy:
  • Transaction records (7 years for financial compliance)
  • Security logs (24 months)
  • Legal hold data (until hold is released)
  • Aggregated, anonymized analytics (indefinitely)

We cannot delete:

• Data required by law to retain
• Data subject to legal holds or investigations
• Data necessary to enforce these Terms or resolve disputes
• Data in backups scheduled for deletion

16.5 Service Shutdown

If Promptable ceases operations:

• We will provide at least 30 days' notice (if reasonably possible)
• We will provide extended data export period (at least 60 days)
• We will refund pro-rata unused subscription fees
• We are not obligated to continue service or transfer data to another provider

You acknowledge:

• No service lasts forever
• You should maintain your own backups of critical Content
• We may shut down with limited notice in emergency situations (bankruptcy, legal order, force majeure)

17. PRIVACY AND DATA PROTECTION

17.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your information.

Key points:

• Available at: https://promptable.us/privacy
• Incorporated into these Terms by reference
• You must accept the Privacy Policy to use the Service
• Changes to the Privacy Policy follow the same notification procedures as changes to these Terms

17.2 Your Privacy Responsibilities

When using the Service, you agree to:

• Provide accurate personal information
• Keep your information up to date
• Not upload others' personal information without consent
• Comply with applicable privacy laws
• Respect others' privacy rights

17.3 Data Processing Addendum (Enterprise Only)

Enterprise customers may require a Data Processing Addendum (DPA) for GDPR, CCPA, or other compliance requirements.

Contact legal@promptable.us to request a DPA.

17.4 Security

We implement reasonable security measures to protect your data:

• Encryption in transit (TLS/HTTPS)
• Encryption at rest for sensitive data
• Access controls and authentication (2FA available)
• Regular security audits and monitoring
• Incident response procedures

See our Privacy Policy for complete security details.

However, you acknowledge:

• No system is perfectly secure
• You are responsible for your account security (password, 2FA)
• You should not store highly sensitive data in the Service

17.5 Data Breaches

If we experience a data breach affecting your information:

• We will notify you as required by applicable law (typically within 72 hours of discovery)
• We will describe what data was affected
• We will explain what actions we are taking
• We will recommend steps you should take to protect yourself

We maintain cyber liability insurance to cover certain data breach costs.

18. INTERNATIONAL USE AND EXPORT COMPLIANCE

18.1 United States Service

Promptable is based in the United States and intended for users in the United States.

By using the Service, you acknowledge:

• The Service is controlled and operated from the United States
• Your data may be stored and processed in the United States
• U.S. laws govern the Service and these Terms
• Data protection laws in the U.S. may differ from your country's laws

18.2 Export Controls

You agree to comply with all applicable export control laws and regulations, including:

• U.S. Export Administration Regulations (EAR)
• International Traffic in Arms Regulations (ITAR)
• Economic sanctions and embargo laws
• Other countries' export control laws

You represent and warrant that:

• You are not located in any country subject to U.S. embargo
• You are not designated on any U.S. government list of prohibited or restricted parties
• You will not use the Service in violation of export control laws
• You will not export technical data from the Service in violation of law

Restricted countries include (but are not limited to):

• Cuba, Iran, North Korea, Syria, Russia, Belarus
• Other countries subject to comprehensive U.S. sanctions

18.3 Restricted End Uses

You may not use the Service for any prohibited end use, including:

• Development, production, or use of weapons of mass destruction
• Military applications in restricted countries
• Any use prohibited by U.S. export control laws

Violation of export control laws may result in:

• Immediate account termination
• Civil and criminal penalties
• Reporting to U.S. government authorities

18.4 International Users (Future)

If we expand service to other countries:

• Additional terms may apply
• Separate Data Processing Addendum may be required
• Local privacy laws may grant additional rights
• Pricing and features may vary by country

Currently, the Service is U.S.-only.

19. MISCELLANEOUS PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you accept, constitute the entire agreement between you and Promptable regarding the Service.

These Terms supersede all prior agreements, understandings, and communications, whether written or oral.

Modifications must be in writing and signed by both parties, except for changes pursuant to Section 1.2.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• That provision shall be modified to the minimum extent necessary to make it enforceable
• If the provision cannot be modified, it shall be severed from these Terms
• The remaining provisions shall remain in full force and effect
• The invalid provision shall be replaced with a valid provision that most closely reflects our intent

Example: If the arbitration agreement is found unenforceable, disputes will proceed in court, but all other Terms remain valid.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

A waiver of any term or condition:

• Must be in writing and signed by an authorized representative
• Applies only to the specific instance described
• Does not waive future breaches or different provisions

Example: If we don't immediately terminate your account for a minor Terms violation, that doesn't mean we waive our right to terminate for future violations.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent.

Any attempted assignment without consent is void.

We may assign these Terms or our rights and obligations:

• To an affiliate or subsidiary
• To an acquirer in connection with a merger, acquisition, or sale of assets
• To any third party with reasonable notice to you

Following assignment, the assignee is bound by these Terms.

19.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

Only you and Promptable have rights and obligations under these Terms.

No third party may enforce any provision of these Terms, except:

• Our affiliates, employees, and service providers (for indemnification)
• Our successors and assigns (for assignment)

19.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires, hurricanes)
• Wars, terrorism, civil unrest, riots
• Pandemics, epidemics, public health emergencies
• Government actions, laws, or regulations
• Labor strikes or work stoppages
• Internet outages or telecommunications failures
• Third-party service provider failures
• Cyberattacks or security incidents

During force majeure events:

• Our obligations are suspended for the duration of the event
• We will use reasonable efforts to resume service as soon as practicable
• You may terminate if service is unavailable for more than 60 consecutive days

19.7 Relationship of the Parties

You and Promptable are independent contractors.

These Terms do not create:

• An employment relationship
• A partnership or joint venture
• An agency relationship
• A franchise relationship

You have no authority to:

• Bind Promptable to any contracts
• Make representations on Promptable's behalf
• Incur obligations on Promptable's behalf

19.8 Notices

Legal notices to you:

• Will be sent to your registered email address
• Are effective when sent
• You are responsible for maintaining a current email address

Legal notices to us:

• Must be sent to: legal@promptable.us
• Or mailed to: Promptable Technologies, Inc., 92 Corporate Park, #C-231, Irvine, CA 92606
• Are effective when received

For routine communications (non-legal notices):

• General inquiries: support@promptable.us
• Security issues: security@promptable.us
• Privacy questions: privacy@promptable.us

19.9 Language

These Terms are drafted in English.

If we provide translations:

• Translations are for convenience only
• The English version controls in case of conflict
• You acknowledge you have read and understood the English version

19.10 Headings

Section headings are for convenience only and do not affect interpretation.

19.11 Counterparts

These Terms may be accepted electronically, and electronic acceptance is as valid as a written signature.

19.12 Survival

Provisions that by their nature should survive termination will survive, including:

• Intellectual Property Rights
• User Content License (for Content being processed)
• DMCA
• Disclaimers of Warranties
• Limitation of Liability
• Indemnification
• Dispute Resolution
• Payment obligations
• Miscellaneous provisions

19.13 Construction

These Terms will be construed fairly according to their terms, without presumption for or against any party.

No ambiguity will be construed against the drafter.

19.14 Contact for Legal Questions

For questions about these Terms:

• Email: legal@promptable.us
• Mail: Legal Department, Promptable Technologies, Inc., 92 Corporate Park, #C-231, Irvine, CA 92606

20. ACCEPTANCE AND CONSENT

20.1 How to Accept These Terms

You accept these Terms by:

1. Checking the box "I agree to the Terms of Service" during registration
2. Creating an account and using the Service
3. Continuing to use the Service after we notify you of changes

20.2 Consent to Electronic Communications

By accepting these Terms, you consent to receive electronic communications from us, including:

• Service-related emails (account notifications, security alerts)
• Transactional emails (receipts, confirmations, subscription changes)
• Legal notices (Terms updates, Privacy Policy changes)
• Marketing emails (if you opt in)

You agree that:

• Electronic communications satisfy any legal requirement that communications be in writing
• You are responsible for maintaining a current email address
• We are not responsible for undelivered emails due to spam filters or incorrect addresses

To opt out of marketing emails:

• Click "Unsubscribe" in any marketing email
• Update preferences in Account Settings
• Email support@promptable.us with "Unsubscribe" in subject

You cannot opt out of:

• Service-related communications
• Transactional communications
• Legal notices
• Security alerts

20.3 Authority to Accept

By accepting these Terms, you represent that:

• You have read and understood these Terms and the Privacy Policy
• You have the legal capacity to enter into binding contracts
• If under 18, you have obtained parental consent
• If accepting for an organization, you have authority to bind that organization
• You are not prohibited from using the Service under applicable law

20.4 Cannot Accept

Do NOT accept these Terms or use the Service if:

• You are under 13 years old
• You do not agree to any provision of these Terms or the Privacy Policy
• You are located outside the United States
• You are located in a restricted jurisdiction (see Section 18.2)
• You are prohibited from using the Service under applicable law
• Your previous account was terminated for violations

If any of the above applies, close this page and do not use the Service.

21. DEFINITIONS

For purposes of these Terms:

"Account" means your user account for accessing the Service.

"AI Features" means prompt generation, file embeddings, content moderation, jailbreak detection, and other features powered by artificial intelligence.

"Content" means text, images, files, data, and other materials you create, upload, or store in the Service. "Your Content" refers to content you own or have rights to.

"DMCA" means the Digital Millennium Copyright Act, 17 U.S.C. § 512.

"Enterprise Tier" means the subscription tier with custom pricing, features, and terms governed by a separate Enterprise Agreement.

"Free Tier" means the no-cost subscription tier with limited features and storage.

"Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights.

"Paid Tier" means any subscription tier requiring payment (Individual, Team, Professional, etc.).

"Privacy Policy" means our Privacy Policy available at https://promptable.us/privacy.

"Promptable," "we," "us," "our" means Promptable Technologies, Inc., a Delaware corporation.

"Service" means the Promptable platform, including the website, applications, APIs, and all features and functionality.

"Terms" means this Terms of Service agreement.

"User," "you," "your" means the individual or entity that has accepted these Terms and is using the Service.

22. ACKNOWLEDGMENT AND AGREEMENT

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

☑ You have read and understood these Terms in their entirety ☑ You have read and understood our Privacy Policy ☑ You agree to be bound by these Terms and the Privacy Policy ☑ You meet all eligibility requirements (age, location, legal capacity) ☑ You understand the Service may change or be discontinued ☑ You understand the limitations on liability and disclaimers of warranties ☑ You agree to binding arbitration and class action waiver (unless you opt out) ☑ You understand your payment obligations (if subscribing to a paid tier) ☑ You will comply with the Acceptable Use Policy ☑ You are responsible for backing up Your Content ☑ You understand we may terminate your account at any time ☑ You consent to electronic communications and U.S. jurisdiction

If you do not understand or agree to these Terms, do not use the Service.

23. CONTACT INFORMATION

Promptable Technologies, Inc.

General Support:

• Email: support@promptable.us
• Expected response time: 1-5 business days (free tier), 1 business day (paid tier)

Legal Questions:

• Email: legal@promptable.us
• Expected response time: 5-10 business days

Privacy Questions:

• Email: privacy@promptable.us
• Expected response time: 5 business days (30 days for formal privacy rights requests)

Security Issues:

• Email: security@promptable.us
• Expected response time: 24 hours

DMCA Notices:

• Email: dmca@promptable.us
• Address: DMCA Agent, Promptable Technologies, Inc., 92 Corporate Park, #C-231, Irvine, CA 92606

Sales (Enterprise):

• Email: sales@promptable.us

Mailing Address: Promptable Technologies, Inc. 92 Corporate Park, #C-231 Irvine, CA 92606 United States

Website: https://promptable.us

Last Updated: November 3, 2025 Version: 2.0 (General Availability) Effective Date: November 3, 2025

© 2025 Promptable Technologies, Inc. All rights reserved.

APPENDIX A: CHANGES FROM ALPHA AGREEMENT

For users transitioning from the Alpha User Agreement:

What's New:

• Payment Terms (Section 15) - Pricing structure for paid tiers
• Data Rights (Section 16) - Enhanced export and portability rights
• Limited Warranty for Paid Users (Section 9.3) - Basic service warranty
• Liability Cap (Section 10.2) - Dollar limits on liability

What's Been Removed:

• Invite code system - No longer needed
• Confidentiality obligations - Public launch
• Alpha-specific disclaimers - Service is more stable
• Active testing obligations - GA users are not testers

What Remains the Same:

• Acceptable Use Policy - Same prohibitions and enforcement
• Intellectual Property Rights - Same ownership structure
• DMCA Procedures - Same copyright policy
• Arbitration Agreement - Same dispute resolution process
• Indemnification - Same user obligations

Action Required:

• Review these Terms in full
• Accept these Terms to continue using the Service
• If you do not accept, export your data and delete your account before the transition date

APPENDIX B: SUBSCRIPTION COMPARISON

See https://promptable.us/pricing for current pricing and full feature comparison.

Thank you for using Promptable!

[I Agree to Terms of Service]

END OF TERMS OF SERVICE