The Terms of Service (ToS) for Promptshelf.ai is a legally binding agreement between you (the "User") and Talavera Solutions LLC ("Promptshelf," "we," "us," or "our"). This document outlines your rights and responsibilities when using our platform and services. Please read this agreement carefully before accessing or using Promptshelf.ai.
This agreement, along with our Privacy Policy, governs your access to and use of the Promptshelf.ai platform, including all associated websites, services, and applications (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Service.
To ensure clarity, the following key terms are used throughout this document:
•"Platform" refers to the Promptshelf.ai website, application, and all related services, features, and functionality.
• "User" or "You" means any individual, team, or entity accessing or using the Service.
• "Content" means any and all data, text, prompts, templates, information, and other materials that you create, upload, post, or otherwise provide to the Platform. This includes both personal and shared prompts.
• "PromptShelf Content" refers to all content, templates, features, and intellectual property owned by Promptshelf, including the curated library of pre-built prompts.
• "Service" refers to the cloud-based SaaS platform provided by Promptshelf, including all its features for prompt creation, management, organization, and sharing.
• "Subscription" means your paid access to the premium features of the Service.
To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials (e.g., password) and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
You are solely responsible for your Content and your conduct on the Platform. You agree not to use your account to violate any laws, infringe on any third party's rights, or breach this agreement.
Subject to your compliance with these Terms, Promptshelf grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes, depending on your account type. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by Promptshelf, in the manner permitted by these Terms.
You retain all ownership rights to the Content you create. For the purpose of operating and improving the Service for our individual user community, you grant Promptshelf a worldwide, nonexclusive, royalty-free license to use, reproduce, and create aggregated, anonymized data from your Content. This may include using anonymized Content to improve our services and machine learning models for the benefit of all users. If you do not want your Content used for this purpose, you may opt out by contacting support.
Promptshelf offers separate Enterprise plans for business and organizational use. All Content created within a dedicated Enterprise workspace is subject to a separate Enterprise Agreement. Under our standard Enterprise Agreement, **your Content is considered your Confidential Information and will never be used to train our machine learning models or for any purpose other than providing the Service directly to your organization.** Please contact our sales team for more information on our Enterprise offerings.
You agree not to use the Service to create, upload, or share any Content that is:
• Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially or ethnically objectionable.
• Infringing upon any third party's intellectual property rights, including copyright, patents, trademarks, or trade secrets.
• Containing viruses, corrupted data, or any other harmful code.
• Confidential or proprietary information that you are not authorized to disclose. We reserve the right, but not the obligation, to remove any Content that we, in our sole discretion, deem to be in violation of this policy.
The Platform and all its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Promptshelf and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Promptshelf.
The Service may contain links to or integrations with third-party websites or services (e.g., OpenAI, SSO providers). These third-party services are not owned or controlled by Promptshelf. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of these services is at your own risk.
Promptshelf offers a freemium model with various paid Subscription plans. You agree to pay all applicable fees for the Subscription you select. All fees are quoted in USD. You will be billed in advance on a recurring basis, such as monthly or annually, according to your plan. You will be automatically charged at the beginning of each billing cycle using the payment method you provided.
Your Subscription will automatically renew at the end of each billing cycle at the then-current rate unless you cancel it. To avoid a renewal charge, you must cancel your Subscription at least 24 hours before the end of your current billing cycle.
All fees are non-refundable. We do not provide refunds or credits for any partial subscription periods, unused features, or account terminations. In the event of a material breach of these Terms by Promptshelf, your sole remedy is to terminate your account.
In the event of a chargeback, payment dispute, or fraudulent transaction, we reserve the right to immediately suspend or terminate your account. You will be responsible for any fees incurred by Promptshelf in connection with such disputes, including but not limited to, legal fees and collection costs.
You may change or cancel your paid Subscription at any time.
• Upgrades: If you upgrade your plan (e.g., from "Starter" to "Pro") or switch from a monthly to an annual billing cycle, the change will take effect immediately. You will be charged a prorated amount for the new plan, with a credit applied for the unused portion of your previous billing cycle.
• Plan Downgrades: If you downgrade to a lower-priced tier or switch from an annual to a monthly billing cycle, your new plan and billing rate will begin at the end of your current prepaid term. 3
• Subscription Cancellation: If you cancel a paid Subscription entirely, your account will be downgraded to our "Free" plan at the end of your current billing cycle.
For subscription downgrades and cancellations, you will lose access to paid features. While your existing Content will not be deleted, it will become subject to the limitations of your new plan. For features with usage limits (such as the number of private prompts), any Content exceeding the new limit will be automatically locked in a **read-only** state, starting with the oldest items. You will not be able to edit or use locked Content, nor will you be able to create new Content for that feature, until you either delete items to get below the limit or upgrade to an appropriate plan.
Canceling or downgrading a Subscription is distinct from terminating your account. To permanently delete your account and all associated Content, you must follow the procedure outlined in Section 13 ("Termination").
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROMPTSHELF SPECIFICALLY DISCLAIMS ALL WARRANTIES, 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 BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMPTSHELF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, 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 YOUR USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL PROMPTSHELF'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO PROMPTSHELF FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY WHETHER OR NOT PROMPTSHELF HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Promptshelf, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your Content, your violation of these Terms, or your violation of any third-party rights.
This Agreement and any disputes arising out of or related to it will be governed by the laws of the State of Wyoming, USA, without regard to its conflict of law provisions
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Wyoming. The arbitration award may be entered as a judgment in any court of competent jurisdiction.
You and Promptshelf agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By agreeing to these terms, you are waiving your right to a jury trial and to participate in a class-action lawsuit.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to, a breach of these Terms, an unacceptable use of the Service, or if we are required to do so by law.
You may terminate your account at any time by contacting us at support@promptshelf.ai. Upon account termination, your Content will be deleted in accordance with our Privacy Policy. A data export feature is planned for a future release. Please ensure you have saved all necessary Content before terminating your account.
Upon termination, your license to use the Service will immediately cease. All provisions of these Terms which, by their nature, should survive termination shall survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any material changes, such as via email or a prominent notice on the Platform. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
The failure of Promptshelf to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Promptshelf regarding the Service.
If you have any questions about these Terms, please contact us at: Talavera Solutions LLC support@promptshelf.ai
