Last Updated: August 1, 2024

1. Introduction

Welcome to Promptmack, a service provided by Promptmack ("Promptmack", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Promptmack website, mobile application, and all related services (collectively, the "Service").

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service.

3. Eligibility

You must be at least 18 years old to use the Service. If you are under 18, you may only use the Service with the involvement of a parent or legal guardian who agrees to these Terms.

4. Account

You may be required to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account information, including your password. You are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Use of the Service

5.1 General Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable local, state, national, or international law or regulation.
• Use the Service to transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable.
• Use the Service to impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to collect or store personal data about other users without their consent.
• Use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation.
• Use the Service to transmit any viruses, worms, Trojan horses, or other malicious code.
• Use the Service to violate the intellectual property rights of others.

5.2 Content

You are solely responsible for any content you submit, upload, or otherwise make available through the Service ("Content"). You represent and warrant that you own all rights to your Content or have obtained all necessary permissions and licenses to use your Content in connection with the Service. You further represent and warrant that your Content does not violate these Terms or any applicable law or regulation.

5.3 AI-Generated Content

The Service uses artificial intelligence ("AI") to generate content. You understand and agree that:

• The AI-generated content is not guaranteed to be accurate, complete, or reliable.
• You are solely responsible for reviewing and verifying the accuracy of any AI-generated content.
• You are solely responsible for any consequences arising from your use of AI-generated content.

6. Intellectual Property

The Service and its content, including but not limited to text, graphics, logos, images, and software, are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any information or materials obtained from the Service without our prior written consent.

7. Termination

We may terminate your access to the Service at any time, with or without cause, and with or without notice. We may also terminate your access to the Service if you violate these Terms.

8. Disclaimer

The Service is provided "as is" and "as available" without warranty of any kind, express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Service, including but not limited to damages for loss of profits, loss of data, or business interruption.

10. Indemnification

You agree to indemnify and hold harmless Promptmack, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

11. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Los Angeles, California. The decision of the arbitrator will be final and binding on the parties.

13. Entire Agreement

These Terms constitute the entire agreement between you and Promptmack regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14. Amendments

We may amend these Terms at any time by posting the amended Terms on the Service. Your continued use of the Service after the posting of the amended Terms constitutes your acceptance of the amended Terms.

15. Contact Us

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

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.

17. Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Promptmack.

18. Notices

All notices and other communications hereunder will be in writing and will be deemed to have been duly given when sent to info@promptmack.com

19. Assignment

These Terms may not be assigned by you without our prior written consent. We may assign these Terms without your consent.

20. Third-Party Websites

The Service may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party websites. You access and use such third-party websites at your own risk.

21. Feedback

Any feedback, suggestions, or ideas you provide to us regarding the Service will be considered non-confidential and we will be free to use such feedback without any obligation to you.

22. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, labor disputes, and governmental actions.

23. Survival

The provisions of these Terms relating to intellectual property, disclaimer, limitation of liability, indemnification, governing law, dispute resolution, and entire agreement will survive any termination of these Terms.

24. Updates

We may update these Terms from time to time. We will post any changes on the Service. You are responsible for reviewing these Terms periodically for updates.

25. Acknowledgement

You acknowledge that you have read and understood these Terms and agree to be bound by them.

26. Acceptance

By accessing or using the Service, you agree to be bound by these Terms.