Effective Date: March 4, 2024

1. Acceptance of Terms

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

2. Service Description
PromptVibes provides a platform for AI text generation, accessible via [www.promptvibes.com](http://www.promptvibes.com/) and its subdomains. The Service includes all software, data, text, images, and other content made available through any PromptVibes 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 PromptVibes a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and perform your User Content on the Service.
• 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 PromptVibes.
• 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, or rate limits on the Service.

7. Termination and Account Cancellation
PromptVibes may terminate your access to the Service, without notice, if you breach these Terms, along with detailed procedures for account cancellation by the user.

8. Disclaimers
PromptVibes provides its AI writing assistant 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.

9. Limitation of Liability
In no event will PromptVibes 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 writing assistant; (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 PromptVibes and shall apply to the fullest extent permitted by law.

10. 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 State of Delaware, without regard to its conflict of law principles.
• Agreement to Arbitrate: You and PromptVibes 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 Delaware, 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 PromptVibes 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.

11. Changes to Terms
PromptVibes reserves the right to modify these Terms at any time and will provide notice of significant changes. Your continued use of the Service after changes signifies your acceptance of the revised Terms.

12. Contact Information
If you have any questions or concerns regarding these Terms or the Service, please feel free to contact us through our "Contact Us" page on our website or directly via email at [email protected]. We are committed to addressing your inquiries and will do our best to respond promptly.