prompt.observer

Prompt.observer

Terms of Service

Last Updated: October 15, 2024

1. Introduction

Welcome to Prompt Observer ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website prompt.observer (the "Site") and any related services provided by us. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site.

2. Use of the Site

a. Eligibility

You must be at least 18 years old to use our Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

b. Account Registration

Some features of the Site may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

c. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations.
  • Infringing upon the intellectual property rights of others.
  • Uploading, posting, or transmitting any harmful or malicious content.
  • Attempting to gain unauthorized access to our systems or user accounts.
  • Engaging in any activity that disrupts or interferes with the functionality of the Site.

3. User Content

You retain ownership of any content you submit, post, or display on or through the Site ("User Content"). By submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with the Site and our business.

You represent and warrant that you have all necessary rights to grant the above license and that your User Content does not infringe or violate the rights of any third party.

4. Intellectual Property

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, software, and data compilations, are the exclusive property of Prompt Observer or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Only as expressly authorized by us.
  • For your personal, non-commercial use only.

5. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

6. Disclaimer of Warranties

The Site is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will meet your requirements, be uninterrupted, timely, secure, or error-free.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Prompt Observer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Site;
  • Any conduct or content of any third party on the Site;
  • Any content obtained from the Site;
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Prompt Observer's aggregate liability for all claims related to the Site exceed the amount you have paid us in the last twelve months, or $100 if you have never paid us any money.

8. Indemnification

You agree to defend, indemnify, and hold harmless Prompt Observer and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Site, by you or any person using your account and password;
  • Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
  • Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Site.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Country/State], 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.

10. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

11. Contact Us

If you have any questions or concerns about these Terms, please contact us: