Terms and Conditions - Promptmagicpro

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the Promptmagicpro website, platform, and services (collectively, the "Service"), operated by Promptmagicpro ("we," "us," or "our").

By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you agree to these Terms and any policies incorporated by reference, including our Privacy Policy. These Terms constitute a legally binding agreement between you and Promptmagicpro.

You must be at least 18 years of age to use the prompt enhancement features of the Service. This age requirement exists because the Service processes user content via the Google Gemini API, which requires users to be 18 or older. By using the Service, you represent and warrant that you are at least 18 years old.

2. Description of Service

Promptmagicpro is an AI-powered prompt enhancement tool. When you submit text through the Service, your input is processed via Google's Gemini API and an improved version of your prompt is returned to you.

The Service enhances prompts. It does not generate final content. Promptmagicpro's output is a refined instruction or prompt designed for use in any AI platform of your choosing. The output is plain text and is provided for your use at your sole discretion.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3. Account Registration

To access certain features of the Service, you must register for an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your login credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

You may only create one account per person. Creating multiple accounts to circumvent usage limits or for any other reason is prohibited.

The Service supports sign-in via Google OAuth. By using Google OAuth, you agree to Google's Terms of Service and Privacy Policy in addition to these Terms. We are not responsible for Google's authentication service or any changes Google makes to its OAuth offering.

4. Subscription Plans and Billing

Available Plans

Free Plan: 10 prompt enhancements per month; Clarity and Context enhancement protocols; no charge.
Professional Plan ($29/month): Unlimited enhancements; all 6 protocols; prompt history; API access; export features; priority support.
Enterprise: Custom pricing, features, and service-level agreements. Contact us for details.

Billing and Renewal

Paid subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.

We will provide at least 30 days' advance notice of any price changes to your subscription. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

All payments are processed securely through Stripe. By providing payment information, you agree to Stripe's terms of service. We do not store your full payment card information on our servers.

5. Cancellation and Refunds

You may cancel your paid subscription at any time through your account settings or by contacting us at promptmagicpro@gmail.com. Upon cancellation, your access to paid features will continue through the end of your current billing period.

We do not provide pro-rata refunds for unused time remaining in a billing cycle at the time of cancellation, except as described below.

14-Day Refund Guarantee: First-time subscribers to a paid plan are eligible for a full refund if requested within 14 days of their initial subscription date. To request a refund, contact us at promptmagicpro@gmail.com with your account information.

Free plan users may close their accounts at any time without any financial obligation.

6. Intellectual Property

Our Intellectual Property

Promptmagicpro and its licensors own all right, title, and interest in the Service, including the software, technology, website, brand, trademarks, enhancement protocols, and all related intellectual property. These Terms do not grant you any ownership rights in the Service.

Your Content

You retain full ownership of all prompts you submit to the Service ("Input Content") and all enhanced prompts returned to you ("Output Content"). We do not claim any ownership over your content.

By submitting Input Content, you grant Promptmagicpro a limited, non-exclusive, non-transferable license to process your content solely for the purpose of providing the Service to you. This license is used exclusively to transmit your content to Google's Gemini API for enhancement and to return the result to you.

AI Model Training: We will not use your prompts or enhanced outputs to train, fine-tune, or improve any AI model without your explicit prior written consent.

Copyright Note: The copyright status of AI-generated content, including enhanced prompts produced by the Service, may be uncertain under applicable law. We make no representation regarding the copyright status of Output Content, and you should consult legal counsel if copyright ownership of AI-assisted content is material to your use case.

7. AI-Specific Disclaimers

The Service uses artificial intelligence and machine learning to enhance prompts. You acknowledge and agree to the following:

AI OUTPUTS ARE PROBABILISTIC IN NATURE AND MAY CONTAIN ERRORS, INACCURACIES, OR UNINTENDED CONTENT. THE ENHANCED PROMPTS PRODUCED BY THE SERVICE ARE SUGGESTIONS ONLY. PROMPTMAGICPRO MAKES NO GUARANTEE THAT ANY ENHANCED PROMPT WILL PRODUCE ANY PARTICULAR RESULT WHEN USED IN ANY DOWNSTREAM AI SYSTEM.

YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ALL ENHANCED PROMPTS BEFORE USING THEM. THE SERVICE IS NOT A SUBSTITUTE FOR HUMAN JUDGMENT, PROFESSIONAL EXPERTISE, OR DOMAIN KNOWLEDGE.

THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, MEDICAL, FINANCIAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE. DO NOT RELY ON ENHANCED PROMPTS AS A SUBSTITUTE FOR QUALIFIED PROFESSIONAL JUDGMENT IN SPECIALIZED FIELDS.

8. Acceptable Use Policy

You agree not to use the Service to:

Submit, generate, or distribute content that is illegal, defamatory, harassing, threatening, obscene, or otherwise objectionable
Attempt to jailbreak, manipulate, or bypass the safety filters of any AI system, including the Gemini API
Create or distribute spam, phishing content, or impersonation materials
Reverse engineer, decompile, disassemble, or attempt to extract the source code or algorithms of the Service
Scrape, crawl, or programmatically access the Service without authorization
Share your account credentials or resell access to the Service
Engage in any activity that infringes on the intellectual property rights of others
Violate any applicable local, state, national, or international law or regulation

We reserve the right to investigate any suspected violations of this policy. Violations may result in immediate suspension or permanent termination of your account without notice or refund.

9. Service Availability

The Service is provided on an "as available" basis. We do not guarantee uninterrupted, error-free, or continuous availability of the Service. Scheduled maintenance, unplanned outages, and third-party service disruptions may affect availability.

Enterprise subscribers are subject to the service-level agreements specified in their individual contracts. For all other subscribers, no guaranteed uptime is provided.

The Service depends on third-party services for AI processing, hosting, authentication, and payments. Disruption to any of these services may affect the availability or functionality of the Service. We are not liable for outages caused by third-party service providers.

We may modify, update, or discontinue features of the Service with reasonable advance notice where practicable.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PROMPTMAGICPRO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ENHANCED PROMPTS WILL ACHIEVE ANY PARTICULAR RESULT WHEN USED IN ANY AI PLATFORM; OR (D) ERRORS IN THE SERVICE WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMPTMAGICPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF PROMPTMAGICPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PROMPTMAGICPRO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO PROMPTMAGICPRO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY EUROS (€50.00).

PROMPTMAGICPRO IS NOT LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM FAILURES, OUTAGES, OR ERRORS IN THIRD-PARTY SERVICES USED TO DELIVER THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Promptmagicpro and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

Your violation of these Terms or any applicable law or regulation
Your use of the Service or any enhanced prompts produced by the Service
Any allegation that your Input Content infringes the intellectual property or other rights of any third party
Your breach of any representation or warranty made in these Terms

13. Account Termination

You may cancel your account at any time through your account settings or by contacting us at promptmagicpro@gmail.com.

We reserve the right to suspend or permanently terminate your account, with or without notice, if we determine that you have:

Violated the Acceptable Use Policy or any other provision of these Terms
Engaged in fraudulent activity or misrepresented your identity
Failed to pay any amounts due under your subscription
Created accounts to circumvent access restrictions or usage limits

Upon termination of a Professional plan, you will have 30 days to export your prompt history and any other data associated with your account. After this period, your data may be permanently deleted.

The following sections of these Terms survive termination: Intellectual Property, AI-Specific Disclaimers, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution.

14. API Access Terms (Professional and Enterprise Tiers)

API access to the Service is available exclusively to Professional and Enterprise subscribers. By using the API, you agree to the following additional terms:

API usage is subject to fair use policies and rate limits as communicated in our documentation
You may not resell, sublicense, or redistribute API access, or use it to build a service that competes directly with Promptmagicpro
You are solely responsible for the security of your API credentials. Do not share your API keys publicly or store them in insecure locations
We reserve the right to revoke API access at any time if we detect abuse, excessive usage, or violations of these Terms
API availability is not guaranteed and is subject to the same service availability terms as the rest of the Service

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

Key privacy practices relevant to these Terms include:

Free Plan: Prompts submitted on the Free plan are not stored after your session ends
Professional Plan: Prompt history is stored and encrypted at rest for your reference
Payments: Payment information is processed and stored by Stripe; we do not retain full card details
Analytics: We use PostHog for anonymized usage analytics to improve the Service

16. Third-Party Services

The Service integrates with and depends on the following third-party services:

Google Gemini API: Powers the prompt enhancement feature. Your input prompts are transmitted to Google for processing. Google's usage policies apply to this processing.
Supabase: Provides database and authentication infrastructure.
Stripe: Handles all payment processing.
PostHog: Provides product analytics.

Each third-party service operates under its own terms of service and privacy policies. We encourage you to review the terms of any third-party services that are relevant to your use of Promptmagicpro.

We are not responsible for the availability, accuracy, or conduct of any third-party service, and we accept no liability for disruptions, data breaches, or policy changes originating from third-party providers.

17. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Portugal and applicable European Union regulations, without regard to conflict of law provisions.

Nothing in these Terms affects your statutory rights as a consumer under the laws of the EU member state where you reside.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

18. Dispute Resolution

Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at promptmagicpro@gmail.com and provide written notice of your dispute, including a description of the claim and the relief sought. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

Jurisdiction

If informal resolution is unsuccessful, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Lisbon, Portugal, except where applicable consumer protection law grants you the right to bring proceedings in the courts of your country of residence.

EU Consumer Dispute Resolution

If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We are not obligated to participate in alternative dispute resolution proceedings, but will consider requests in good faith.

19. Modifications to Terms

We reserve the right to update or modify these Terms at any time. For material changes, meaning those that significantly affect your rights or obligations, we will provide at least 30 days' advance notice via email to the address associated with your account.

Non-material changes, such as clarifications or corrections that do not affect your substantive rights, will become effective upon posting to this page. The "Last Updated" date at the top of these Terms will reflect the date of any revision.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

20. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any supplemental agreements specific to your subscription tier, constitute the entire agreement between you and Promptmagicpro with respect to the Service and supersede all prior or contemporaneous communications.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms on one occasion does not constitute a waiver of our right to enforce it on future occasions.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including natural disasters, government actions, internet or telecommunications failures, or third-party service outages.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than you and Promptmagicpro has any rights under these Terms.