Terms of Service - Prompttracker

Please read these Terms and Conditions ("Terms") carefully before using the Prompttracker service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part, you may not use the Service.

Interpretation and Definitions

Interpretation

Words with an initial capital letter have meanings defined below. The definitions apply whether they appear in singular or plural.

Definitions

For the purposes of these Terms:

Account: A unique account created for you to access our Service.
Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or voting rights.
Company ("Prompttracker", "we", "us", or "our"): Refers to Prompttracker B.V., Pastoor Petersstraat 9, Eindhoven, Netherlands.
Country: Netherlands.
Device: Any device that can access the Service, such as a computer, smartphone, or tablet.
Feedback: Feedback, ideas, or suggestions sent by you regarding our Service.
Service: The Prompttracker web application, website, APIs, and any related services provided by the Company.
Subscriptions: Paid plans that provide access to the Service on a recurring basis.
Terms and Conditions ("Terms"): This agreement between you and the Company regarding use of the Service.
Third-party Service: Any services or content provided by a third party that may be integrated with, or accessible via, the Service (e.g. analytics tools, payment processors, AI systems).
You: The individual using the Service, or the company or other legal entity on whose behalf that individual uses the Service.

Acknowledgment

These Terms govern your use of the Service and form the agreement between you and the Company.

By accessing or using the Service, you agree to be bound by these Terms.
If you disagree with any part of the Terms, you must not use the Service.
You represent that you are at least 18 years old. The Service is not intended for individuals under 18.

Your use of the Service is also subject to our Privacy Policy, which explains how we collect and use personal data. Please read it carefully before using the Service.

Subscriptions and Billing

Subscription Period

Some parts of the Service are available only with a paid Subscription.

You will be billed in advance on a recurring basis (e.g. monthly or annually), depending on the plan you select.
Your Subscription will automatically renew under the same conditions at the end of each billing period, unless you cancel it or we cancel it.

Subscription Cancellations

You may cancel your Subscription at any time via your Account settings or by contacting us.

If you cancel, you will retain access until the end of your current billing period.
Fees already paid for the current billing period are non-refundable, except where required by law or where we expressly agree otherwise.

Billing Information

You agree to provide accurate and complete billing information, including:

Full name
Company name (if applicable)
Address
Valid payment method

If automatic billing fails, we may:

Ask you to update your payment details; and/or
Send an invoice with a payment deadline.

If payment is not received on time, we may suspend or terminate your access to the Service.

Fee Changes

We may change Subscription fees from time to time.

Any change will take effect at the start of your next billing period.
We will provide reasonable prior notice so you can choose to cancel before the new fees apply.

Your continued use of the Service after the fee change takes effect constitutes your agreement to pay the updated fees.

Refunds

Subscription fees are generally non-refundable, except:

Where required by applicable law, or
Where we decide, at our sole discretion, to grant a refund on a case-by-case basis.

User Accounts

When you create an Account with us:

You must provide accurate, complete, and current information;
You are responsible for maintaining the confidentiality of your login details; and
You are responsible for all activities that occur under your Account.

You agree:

Not to share your password with third parties;
To notify us promptly if you become aware of any unauthorized access or security breach;
Not to use a username that is offensive, misleading, or infringes someone else's rights.

We may suspend or terminate your Account if you breach these Terms or misuse the Service.

Use of the Service

You agree to use the Service only in accordance with:

These Terms, and
Applicable laws and regulations.

You must not:

Attempt to gain unauthorized access to the Service or related systems;
Reverse engineer, decompile, or otherwise attempt to extract source code, except where allowed by law;
Use the Service to transmit or store unlawful, harmful, or infringing content;
Interfere with or disrupt the integrity or performance of the Service.

We reserve the right to investigate and act on any suspected misuse, including removing content, suspending Accounts, or contacting authorities where required.

Content and Intellectual Property

Our Content

The Service and its original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws.
Our name, logo, and branding may not be used without our prior written consent.

Your Content

In using the Service, you may upload or input content (e.g. prompts, text, brand data).

You remain the owner of your content. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to:

Use, process, store, and display your content as necessary to provide and improve the Service;
Generate aggregated and anonymized data derived from your use of the Service, which we may use for analytics, benchmarking, and product improvement, provided it does not identify you or your company.

You are responsible for ensuring that:

You have all necessary rights to submit your content; and
Your content does not infringe any third-party rights or applicable laws.

Third-Party Services

The Service may integrate or interact with third-party services (e.g. analytics tools, AI models, payment providers, communication tools).

We do not control third-party services and are not responsible for their content, terms, or privacy practices.
Your use of third-party services is subject to their own terms and policies.

We may change or remove integrations at any time.

Your Feedback to Us

If you provide Feedback (ideas, suggestions, or comments), you agree that we may use it freely:

You assign to us all rights, title, and interest in such Feedback; or, if that assignment is not effective,
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and exploit the Feedback for any purpose.

We are not obliged to use any Feedback, nor to keep it confidential.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for:

The content,
Privacy policies, or
Practices

of any third-party websites or services. You use them at your own risk. We recommend that you review their terms and privacy policies.

Termination

We may suspend or terminate your Account or access to the Service, in whole or in part, at any time and without prior notice if:

You breach these Terms;
You fail to pay Subscription fees; or
We have to do so to comply with law or protect the Service and other users.

Upon termination:

Your right to use the Service will cease immediately;
We may delete or restrict access to your Account and content, subject to our legal obligations and the Privacy Policy.

If you wish to terminate your Account, you may stop using the Service and/or contact us to request closure.

Limitation of Liability

To the maximum extent permitted by applicable law:

The total liability of the Company and its Affiliates arising out of or relating to the Service or these Terms is limited to the amount you have paid to us for the Service in the 12 months preceding the event giving rise to the claim.
If you have not paid any fees, our total liability shall not exceed €100.

In no event shall the Company or its Affiliates be liable for:

Loss of profits, revenue, or business;
Loss of data;
Business interruption;
Loss of goodwill; or
Any indirect, incidental, special, or consequential damages,

even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so (for example, for death or personal injury caused by negligence, or for fraud).

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of:

Merchantability,
Fitness for a particular purpose,
Non-infringement, and
Availability or reliability.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free;
Any defects or errors will be corrected;
The information obtained through the Service will be accurate or reliable; or
The Service or our servers are free of viruses or other harmful components.

You use the Service at your own risk.

Governing Law and Dispute Resolution

These Terms and your use of the Service are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

If you have any concern or dispute about the Service, you agree to first try to resolve it informally by contacting us. If we cannot resolve it informally, the competent courts of the Netherlands will have jurisdiction, subject to any mandatory consumer protection rules that apply in your country of residence (if you are a consumer).

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to achieve the intent of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision under these Terms is not a waiver of that right or provision.

Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice, for example by email or a notice within the Service, before the new Terms take effect.
The "Last updated" date at the top will be revised accordingly.

By continuing to access or use the Service after the updated Terms become effective, you agree to be bound by them. If you do not agree, you must stop using the Service.

Contact Us

If you have any questions about these Terms, you can contact us:

By email: info@prompttracker.io