Terms of Service

These Terms of Service ("Terms") govern your use of Prompt Eden's website, application, and AI search monitoring services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to these Terms.

1. Service Description

PromptEden is a software-as-a-service platform that helps brands monitor and analyze how they appear across AI-powered search and assistant platforms. Features may include prompt tracking, brand visibility analytics, citation monitoring, reporting, alerts, and integrations.

2. Account Terms

• You must provide accurate and complete registration information and keep it up to date.
• You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. PromptEden is not liable for any loss or damage arising from unauthorized access to your account. You may be held liable for losses incurred by PromptEden or others due to unauthorized use of your account resulting from your failure to safeguard your credentials.
• You must be at least 18 years of age and legally able to enter into a binding contract. You must comply with all applicable laws in connection with your use of the Services.
• You may not share access credentials in a way that exceeds your purchased seat or usage limits.

3. Plans, Billing, and Refunds

3.1 Subscription Plans

PromptEden currently offers the following self-serve plans: Free, Starter ($49/month), Pro ($129/month), and Business ($349/month). Plan features and limits are described on our pricing page and may be updated over time.

3.2 Billing

• Paid subscriptions are billed in advance on a recurring basis through Stripe.
• Your subscription automatically renews unless canceled before the next billing cycle.
• You authorize PromptEden and its payment processor to charge applicable fees, taxes, and overage amounts.

3.3 Refund Policy

Unless otherwise required by law or specified in a separate written agreement, subscription fees are non-refundable, including for partial billing periods, downgrades, or unused usage allotments.

3.4 Price Changes

We may update pricing or plan structure by providing advance notice through the Services or via email. Continued use after the effective date constitutes acceptance of updated pricing.

4. Acceptable Use

You agree not to:

• Use the Services for illegal, deceptive, harmful, or fraudulent activity.
• Interfere with or disrupt the operation, security, or integrity of the Services.
• Reverse engineer, scrape, or attempt unauthorized access to our systems or other users' data.
• Submit data or prompts that violate intellectual property, privacy, or contractual rights of others.
• Circumvent plan limitations, rate limits, or technical controls.

5. Customer Data and Permissions

You retain ownership of data, content, and inputs you submit to the Services ("Customer Data"). You grant PromptEden a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, process, and analyze Customer Data to provide, maintain, and improve the Services, to develop new features, and to comply with legal obligations. This license survives termination to the extent necessary to complete pending processing, enforce these Terms, and maintain aggregated or anonymized datasets.

You represent and warrant that you have all rights and permissions needed to submit Customer Data and to grant the licenses described herein. You represent that you are authorized to monitor the domains, brands, and prompts you configure and that doing so does not violate the rights of any third party.

5.1 Aggregated and Anonymized Data

PromptEden may aggregate, anonymize, or de-identify Customer Data such that it no longer identifies you or any individual. PromptEden owns all right, title, and interest in aggregated and anonymized data and may use it for any lawful business purpose, including benchmarking, analytics, product improvement, and research, without restriction or obligation to you.

5.2 Customer Data Responsibility

You are solely responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired it. PromptEden does not review, verify, or endorse Customer Data. You agree to indemnify PromptEden against any claim arising from Customer Data you submit.

6. Intellectual Property

The Services, including software, design, trademarks, and documentation, are owned by PromptEden or its licensors and are protected by intellectual property laws. Except for limited rights expressly granted in these Terms, no rights are transferred to you.

If you provide feedback or suggestions, you grant PromptEden a worldwide, perpetual, irrevocable, royalty-free right to use that feedback for any lawful purpose.

7. Third-Party Services

The Services rely on third-party providers, including Stripe (billing), Supabase (authentication and database), Vercel (hosting), Sentry (error monitoring and diagnostics), PostHog (product analytics), Google Analytics (traffic measurement), HubSpot (customer relationship management), and external AI model providers (including OpenAI, Google, Perplexity, OpenRouter, and Microsoft/Azure). Your use of these integrated services may be subject to their separate terms and policies.

PROMPTEDEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, PRODUCT, OR CONTENT. PROMPTEDEN IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR DISRUPTION ARISING FROM THE ACTS, OMISSIONS, OUTAGES, CHANGES, DEPRECATIONS, OR DISCONTINUATION OF ANY THIRD-PARTY SERVICE, INCLUDING AI MODEL PROVIDERS. YOU ACKNOWLEDGE THAT AI PROVIDERS MAY CHANGE THEIR MODELS, APIS, PRICING, OR AVAILABILITY AT ANY TIME WITHOUT NOTICE, AND PROMPTEDEN SHALL HAVE NO LIABILITY FOR THE IMPACT OF SUCH CHANGES ON YOUR USE OF THE SERVICES.

8. Service Availability and SLA

We aim to provide reliable service availability and will use commercially reasonable efforts to maintain uptime, security, and performance. However, the Services are provided on an "as available" basis and may be affected by maintenance, outages, third-party failures, or force majeure events.

Any uptime commitments or response-time guarantees apply only if explicitly set out in a separate signed enterprise agreement or service-level agreement (SLA).

9. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

PROMPTEDEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMPTEDEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY DATA, CONTENT, OR RESULTS PROVIDED THROUGH THE SERVICES.

9.1 AI Monitoring Data Disclaimer

THE SERVICES PROVIDE AI SEARCH MONITORING RESULTS FOR INFORMATIONAL PURPOSES ONLY. AI-GENERATED OUTPUTS, CITATIONS, RANKINGS, VISIBILITY SCORES, BRAND MENTIONS, AND ALL OTHER MONITORING DATA ARE DERIVED FROM THIRD-PARTY AI SYSTEMS THAT PROMPTEDEN DOES NOT CONTROL AND MAY BE INCOMPLETE, INACCURATE, INCONSISTENT, OR CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT:

• AI monitoring results do not constitute professional advice, and PromptEden is not liable for any business, marketing, legal, financial, or other decisions made in reliance on such data.
• You assume all risk as to the quality, accuracy, and completeness of monitoring results and any actions taken based on them.
• PromptEden does not guarantee any specific outcome, ranking, visibility improvement, or business result from using the Services.
• Monitoring results may vary between runs and do not represent a definitive or stable view of any AI system's behavior.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROMPTEDEN NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF PROMPTEDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROMPTEDEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO PROMPTEDEN FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF WHETHER PROMPTEDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, PROMPTEDEN'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless PromptEden and its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "PromptEden Parties") from and against any and all claims, actions, liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to: (a) your use of the Services; (b) Customer Data you submit or any content derived from it; (c) your violation of these Terms, any applicable law, or the rights of any third party; (d) any dispute between you and a third party relating to the Services; or (e) your negligence or willful misconduct.

PromptEden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with PromptEden's defense. This defense and indemnification obligation survives these Terms and your use of the Services.

12. Suspension and Termination

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds or credits will be issued for partial billing periods.

PromptEden reserves the right to suspend, restrict, or terminate your access to any or all parts of the Services at any time, for any reason or no reason, with or without prior notice, and without liability. Reasons may include, without limitation: violation of these Terms, creation of legal or security risk, failure to pay fees, misuse of the Services, extended inactivity, or at PromptEden's sole discretion.

PromptEden may change, suspend, or discontinue all or any aspect of the Services at any time, including the availability of any feature, API, database, or content, without prior notice or liability.

On termination, your right to use the Services ends immediately. PromptEden may delete your account data after a reasonable retention period (typically 90 days), unless retention is required by law. Sections that by nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

13.2 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. You and PromptEden agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Wilmington, Delaware (or, at PromptEden's discretion, remotely). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

13.3 Class Action and Jury Trial Waiver

YOU AND PROMPTEDEN 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

13.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out. If you opt out, Disputes will be resolved in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction in those courts.

13.5 Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will update the "Last updated" date and provide notice through the Services or by email. Continued use after the effective date of revised Terms constitutes acceptance.

15. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable order form or enterprise agreement, constitute the entire agreement between you and PromptEden with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

16. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. PromptEden's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17. Assignment

You may not assign or transfer these Terms or your rights under them without PromptEden's prior written consent. PromptEden may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

18. Contact

For questions about these Terms, contact [email protected].