Terms and Conditions for the use of searchVIU Promptmate Application
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the https://app.promptmate.io/ application (the “Service”) operated by searchVIU GmbH (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or searchVIU GmbH cancels it. You may cancel your Subscription renewal at the end of each Billing Cycle without observing a notice period either through your online account management page or by contacting searchVIU GmbH customer support team.
Credit card and invoice payments are accepted
You shall provide searchVIU GmbH with accurate and complete billing information including full name, address, state, zip code, telephone number, VAT ID number (if applicable), and a valid payment method information.
searchVIU GmbH offers a Free Tier of its Subscription services (“Free Tier”), which allows users to access certain features of our services without charge. To sign up for the Free Tier, you may be required to enter your billing information. While using the Free Tier, you will not be charged by searchVIU GmbH. However, if you choose to upgrade to a paid Subscription, your billing information will be used to process the applicable Subscription fees for the type of Subscription you have selected. Please note that searchVIU GmbH reserves the right to modify, limit, or discontinue the Free Tier at any time without prior notice. In the event of any changes to the availability of the Free Tier, users will be notified accordingly.
searchVIU GmbH, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
searchVIU GmbH will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content Generated through Large Language Models (LLMs)
1. Rights to LLM-Generated Content
By using the Promptmate Application, you may generate content through various Large Language Models (LLMs), including but not limited to those provided by OpenAI, Stability AI, and Google Cloud. The rights to the content generated through these LLMs are subject to the terms and policies of the respective LLM providers. We use the official APIs of these LLM providers to facilitate content generation. To understand the specific rights and limitations pertaining to the content generated by these LLMs, please refer to the following links:
2. Usage of LLM-Generated Content
As a user of the Promptmate Application, you agree to comply with the terms set forth by the LLM providers regarding the use, distribution, and publication of the content generated. It is your responsibility to review and adhere to these policies. searchVIU GmbH is not responsible for any misuse or violation of these terms by the users of the Promptmate Application.
Data Handling in Large Language Models (LLMs)
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by searchVIU GmbH.
searchVIU GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that searchVIU GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoevergood cause, including without limitation if you breach the Terms. If the termination or suspension falls within a Billing Cycle, searchVIU GmbH shall refund the Subscription Fee on a pro rata basis.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
searchVIU GmbH, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You reserve all title, copyright and property rights regarding all documents, materials and other items (such as order documents, plans, drawings, illustrations, calculations and other physical and/or electronic documents, information and items) that you provided to searchVIU GmbH. searchVIU GmbH may not disclose or make such items or their content available to third parties, use them, reproduce them or alter them without your prior written consent. searchVIU GmbH may use them solely for the purposes specified in the contract and must return them to you in full at your request and destroy (or delete) any copies whether physical or electronic if they are no longer needed in the due course of business and in order to comply with statutory archiving requirements. searchVIU GmbH is obligated to confirm, at your request, that the above-mentioned documents, materials and items have been returned and destroyed/deleted in full or provide evidence as to which of them it claims to still need and for what reasons.
When processing personal data, we and you each shall comply with the applicable statutory data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). We and you are each independent data controllers within the meaning of Art. 4 No. 7 GDPR.
These Terms shall be governed and construed in accordance with the laws of North Rhine-Westphalia, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us here: https://promptmate.io/contact/