1. Acceptance of Terms

By accessing and using PromptBid (the "Service"), you accept and agree to be bound by the terms and conditions set forth in this Terms of Service Agreement. If you do not agree to abide by the above, please do not use this service.

PromptBid reserves the right to make changes to this agreement at any time. If any of the changes are unacceptable to you, your only recourse is to cease using the Service. Continuing to use the Service following posting of revised Terms means that you accept and agree to the changes.

2. Account Registration

To use certain features of PromptBid, you must register for an account. You agree to provide accurate, complete, and current information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and password.

Your Responsibilities

  • You are responsible for all activities that occur under your account
  • You agree to notify PromptBid immediately of any unauthorized use of your account
  • You are responsible for ensuring that you are authorized to use the Service on behalf of your organization
  • You must not allow others to use your account credentials

Account Eligibility

By registering, you represent that you are at least 18 years old and have the legal capacity to enter into binding agreements. If you are registering on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. API Usage

PromptBid provides an API that allows you to integrate our services with your applications. Your use of the API is subject to the following terms:

API Rate Limits

You agree to comply with rate limits specified in the API documentation. Excessive requests may result in temporary or permanent suspension of API access. PromptBid reserves the right to adjust rate limits at any time with 30 days notice.

API Keys and Security

  • You are responsible for maintaining the confidentiality of your API keys
  • You agree not to share API keys publicly or in version control systems
  • You must immediately notify PromptBid if you believe an API key has been compromised
  • You agree to use API keys only for their intended purpose

API Changes

PromptBid may modify, deprecate, or discontinue API endpoints with 90 days notice. Critical security updates may be implemented with shorter notice periods. PromptBid is not liable for any issues arising from API changes that you were notified about in advance.

Fair Use

You agree to use the API in a manner consistent with its intended purpose. Abusive use patterns, including attempting to circumvent rate limits or extracting data at scale without authorization, may result in immediate account suspension.

4. Billing & Payments

PromptBid offers various pricing plans. Your use of the Service is contingent on timely payment of applicable fees.

Payment Terms

  • Fees are billed according to the plan you select
  • All fees are exclusive of applicable taxes unless otherwise stated
  • Payment must be received before services are provided unless prior arrangements have been made
  • Failed payments may result in suspension of service access

Subscription and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You are responsible for canceling your subscription if you no longer wish to be charged. PromptBid is not responsible for charges incurred after cancellation requests if they are processed after the billing cycle renewal.

Refunds

Refunds are evaluated on a case-by-case basis and must be requested within 30 days of billing. PromptBid does not offer refunds for voluntary service cancellations or unused service time.

Price Changes

PromptBid may adjust pricing with 30 days notice. Changes will be reflected at your next renewal. Your continued use of the Service constitutes acceptance of new pricing.

5. Acceptable Use Policy

You agree not to use PromptBid in any way that violates this Acceptable Use Policy or applicable laws and regulations.

Prohibited Activities

You agree not to:

  • Engage in any form of harassment, abuse, or threatening behavior
  • Attempt to gain unauthorized access to PromptBid systems or data
  • Interfere with or disrupt the Service or PromptBid infrastructure
  • Use the Service to transmit malware, viruses, or malicious code
  • Engage in illegal activities or violate any applicable laws
  • Attempt to reverse engineer or decompile any part of the Service
  • Resell or redistribute the Service without authorization
  • Use the Service to impersonate others or misrepresent your identity
  • Collect or attempt to collect personal data from other users without consent
  • Spam, phish, or engage in fraudulent activities

Consequences of Violation

Violations of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund. PromptBid may also pursue legal action for damages resulting from violations.

6. Intellectual Property Rights

PromptBid retains all right, title, and interest in the Service, including all software, documentation, and content. Your use of the Service does not grant you ownership of any intellectual property contained therein.

Your Content

You retain ownership of any content you upload or create using PromptBid. You grant PromptBid a non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of providing the Service. PromptBid will not sell, license, or transfer your content to third parties.

License Grant

Subject to your compliance with these Terms, PromptBid grants you a limited, non-exclusive, non-transferable license to access and use the Service for the purposes authorized herein. This license is revocable at any time.

Restrictions

You agree not to:

  • Copy or reproduce the Service or any content therein
  • Modify, translate, or create derivative works of the Service
  • Sell, license, or otherwise transfer your rights to use the Service
  • Remove or alter any proprietary notices or labels on the Service

7. Limitation of Liability

Important Limitation

To the maximum extent permitted by law, PromptBid is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from your use of or inability to use the Service.

Liability Cap

In no event shall PromptBid's total liability to you exceed the fees you paid in the 12 months preceding the claim. This limitation applies to all claims, regardless of their basis.

Exceptions

This limitation does not apply to: (i) PromptBid's indemnification obligations, (ii) your indemnification obligations, (iii) either party's obligations regarding confidential information, or (iv) claims involving fraud or gross negligence.

8. Indemnification

You agree to indemnify and hold harmless PromptBid, its officers, directors, employees, and agents from any third-party claims, damages, losses, and expenses (including attorneys' fees) arising from or related to:

  • Your use of the Service in violation of these Terms
  • Your content or data uploaded to the Service
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party intellectual property rights

9. Termination

PromptBid may terminate or suspend your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately.

Your Termination Rights

You may terminate your account at any time by contacting PromptBid support. Upon voluntary termination, you will not receive a refund of any fees paid.

Effect of Termination

Upon termination, PromptBid may delete your account data. PromptBid is not responsible for preservation of any content or data after account termination, unless you request and pay for archival services.

10. Governing Law

These Terms and your use of PromptBid are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

11. Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms or the Service will be governed by the following dispute resolution process:

Informal Resolution

Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. Contact PromptBid at legal@promptbid.ai to initiate this process.

Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration and Mediation Services. Arbitration shall take place in New York, New York, unless otherwise agreed.

Exceptions

Notwithstanding the above, PromptBid may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

12. Changes to Terms

PromptBid may update these Terms at any time. Material changes will be communicated via email or prominent notice on the Service. Your continued use constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Service.

13. Contact Information

If you have questions regarding these Terms of Service, please contact:

PromptBid Legal Team
Email: legal@promptbid.ai
Address: PromptBid Inc., New York, NY
Response Time: Within 5 business days