Terms & Conditions for PROMPTIMIZER

Introduction

Welcome to PROMPTIMIZER! A tool to manage your AI prompt collection.

We are PROMPTIMIZER, a sole proprietorship owned by Pete McPherson, located at P.O. Box 266, McBain, MI, 49657, USA.

You can contact us by phone at +1 (706)-766-5438, by email to pete@doyouevenblog.com, or by mail at the address above.

Acceptance of Terms

By accessing or using PROMPTIMIZER, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, you must not use our app.

Modification of Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to our website. Your continued use of PROMPTIMIZER after such changes will constitute your acceptance of the new Terms.

Account Registration and Use

PROMPTIMIZER does not offer free plans. User registration are for paid accounts only. Our app utilizes Google Authentication for login, ensuring we do not have access to your password.

User-Generated Content

All content created or uploaded by users remains their property. PROMPTIMIZER does not claim ownership of any user-generated content. However, by using the app, you grant us a license to host, store, and use such content for the purpose of providing and improving our services. All user-generated content is stored securely in a Firestore database and is considered private and confidential.

Purchases and Payment

For any purchases made within PROMPTIMIZER, you agree to provide current, complete, and accurate purchase and account information. You commit to promptly update your account and payment details, including email address, payment method, and payment card expiration date, to facilitate successful transactions and communication. Applicable sales tax will be added as required. Prices are subject to change without notice. All payments must be made in U.S. dollars.

You authorize us to charge your chosen payment method for purchases and any applicable fees. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis until you cancel. We reserve the right to correct pricing errors, even after payment has been requested or received.

We reserve the right to refuse any order. Orders may be limited or cancelled at our discretion, including but not limited to, orders that appear to be from dealers, resellers, or distributors.

Refunds

When you sign up for any PROMPTIMIZER plans, we offer a 7-day money-back guarantee. If you would like a refund (for ANY reason) within 7 days, please reach out to pete@doyouevenblog.com within 30 days.

Prohibited Activities

While using PROMPTIMIZER, users are expected to behave responsibly and ethically. The following activities are strictly prohibited:

  • Creating or sharing content that is illegal, immoral, or unethical.
  • Engaging in activities that defame, harass, or threaten others.
  • Using the app to spread malware or engage in phishing.
  • Attempting to gain unauthorized access to other accounts or data.
  • Violating intellectual property rights of others.
  • Using the app for any unauthorized commercial activities.

This list is not exhaustive, and PROMPTIMIZER reserves the right to determine what constitutes inappropriate use of the app and take appropriate action, including terminating accounts.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Michigan, in accordance with the rules of the American Arbitration Association.

Third-Party Websites and Content

PROMPTIMIZER may feature links to external websites ("Third-Party Websites") and include or offer access to content, including but not limited to articles, images, text, graphics, music, videos, and other materials created by third parties ("Third-Party Content"). We do not conduct in-depth reviews, monitoring, or verification of Third-Party Websites and Third-Party Content for their accuracy, relevance, or completeness. As such, PROMPTIMIZER is not liable for any Third-Party Websites accessed via our platform or any Third-Party Content posted on, made available through, or installed from PROMPTIMIZER, including their content, accuracy, offensive nature, opinions, reliability, privacy practices, or other policies. Featuring, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content on PROMPTIMIZER does not imply our endorsement or approval.

Should you choose to navigate away from PROMPTIMIZER to visit Third-Party Websites, or to use or install Third-Party Content, you do so at your own risk, and our Terms and Conditions cease to apply. We advise you to review the terms, policies, privacy, and data collection practices of any Third-Party Websites or Third-Party Content. PROMPTIMIZER bears no responsibility for any transactions made through Third-Party Websites; such transactions are solely between you and the third party. You acknowledge that PROMPTIMIZER does not endorse the products or services offered by Third-Party Websites and you agree to hold PROMPTIMIZER harmless from any damages or losses you may suffer as a result of your use of Third-Party Content or interaction with Third-Party Websites.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall PROMPTIMIZER, its affiliates, directors, employees, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service. Under no circumstances will PROMPTIMIZER be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, PROMPTIMIZER assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; and (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not PROMPTIMIZER has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from PROMPTIMIZER or through the service will create any warranty not expressly stated herein.

Indemnification

You agree to defend, indemnify, and hold harmless PROMPTIMIZER, including its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of PROMPTIMIZER; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of PROMPTIMIZER with whom you connected via the platform. Despite the foregoing, PROMPTIMIZER reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will endeavor to notify you of any such claim, action, or proceeding that falls under this indemnification upon becoming aware of it.

User Data

PROMPTIMIZER will maintain certain data that you transmit to the platform for the purpose of managing the performance of PROMPTIMIZER, as well as data relating to your use of the platform. While PROMPTIMIZER performs regular routine backups of data, you are solely responsible for all the data that you transmit or that relates to any activity you have undertaken using PROMPTIMIZER. You agree that PROMPTIMIZER shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Furthermore, PROMPTIMIZER will NOT share your data with any other 3rd party entity, and will NOT use your data for any other purpose than what is explicitly stated in these terms.

AI Partners

PROMPTIMIZER uses two 3rd party AI companies, Anthropic (for Claude models), and OpenAI (for GPT models). PROMPTIMIZER is not connected to or affiliated with Anthropic or OpenAI, and therefore have no liability to you for any loss or corruption of any such data.

According to the documentation for both Anthropic & OpenAI, your data is NOT used to train their AI, and will not be used in any other way. See Anthropic's policy here. See OpenAI's policy here.

Contact Us

PROMPTIMIZER

P.O. Box 266, McBain, MI, 49657, USA

Phone: +1 (706)-766-5438

Email: pete@doyouevenblog.com