The Prompting Company – Terms of Use
The Prompting Company – Terms of Use
1. Scope and Parties
1.1 These Terms of Use (“Terms”) govern access to and use of the The Prompting Company platform and related services (the “Service”) by customers that are businesses. The Service is offered solely for business and commercial use. It is not intended for use by individual consumers, and consumer protection laws do not apply.
1.2 The Service is operated by The Prompting Company, Inc. (“The Prompting Company”, “Provider”, “we”, “us”). By using the Service, you (“Customer” or “you”) agree that these Terms exclusively govern the contractual relationship. Any additional or conflicting terms proposed by you are rejected unless expressly agreed to in writing by us.
1.3 Any deviations from or additions to these Terms are valid only if explicitly agreed to in writing by The Prompting Company, Inc.
2. Services Provided by The Prompting Company
2.1 We provide a software platform offering AI search and visibility analytics for marketing teams. The Service is designed to help companies assess and analyze their visibility in large language models (LLMs). Current features are described on our website and may evolve over time.
2.2 We may modify or update the Service to improve functionality, security, performance, or to comply with legal requirements. Such changes will not materially reduce the core functionality of the Service. Material changes will be communicated in a reasonable manner.
2.3 The Service may depend on third-party technologies, data sources, or LLM providers. Availability and performance of such third-party components are outside our control. If a critical third-party service becomes unavailable, we will make reasonable efforts to provide alternatives or adjustments.
2.4 The Service relies on external AI systems and complex infrastructure. We do not guarantee uninterrupted or error-free operation. We will use commercially reasonable efforts to address material service issues in a timely manner.
2.5 Unless expressly agreed in writing, we do not guarantee any specific business, marketing, ranking, or performance outcomes from use of the Service.
3. Customer Obligations
3.1 You agree to use the Service solely for lawful business purposes and in compliance with all applicable US laws and regulations. You are responsible for safeguarding access credentials and for all activity conducted under your account. You must ensure that any data you submit does not violate applicable laws or third-party rights, including privacy and intellectual property laws.
3.2 You may not reverse engineer, decompile, scrape, interfere with, or misuse the Service. If you violate these obligations, we may suspend or terminate your access to the Service, with or without prior notice where legally permitted.
4. Intellectual Property and Data
4.1 All intellectual property rights in and to the The Prompting Company Service, including software, source code, algorithms, models, workflows, documentation, and any related materials (“Service IP”), are and shall remain the exclusive property of The Prompting Company, Inc. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the term of the agreement solely for your internal business purposes.
4.2 You retain all rights to data, content, and materials you submit to the Service (“Customer Data”). You grant The Prompting Company a limited license to host, process, transmit, and use Customer Data solely as necessary to provide and operate the Service, comply with legal obligations, and enforce these Terms. We will process Customer Data in accordance with applicable US data protection laws and our Privacy Policy. We will not sell Customer Data or use it for purposes unrelated to providing the Service without your consent. Upon termination of the agreement and upon written request, we will delete or return Customer Data in our possession, except where retention is required by law or for legitimate business recordkeeping purposes.
5. Fees, Payment Terms, and Set-off
5.1 You agree to pay all fees as specified in the applicable order form, subscription plan, or pricing page. All fees are stated exclusive of applicable taxes, duties, or government charges, which you are responsible for paying.
5.2 Fees are billed according to the agreed billing cycle (e.g. monthly or annually in advance). Payments may be processed via Stripe or another authorized payment provider. Invoices are due within fourteen (14) days of issuance unless otherwise agreed in writing. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. We may suspend or restrict access to the Service if payment is overdue, after providing reasonable notice.
5.3 You may not withhold, offset, or reduce payments due under these Terms based on any claim against The Prompting Company unless such claim has been finally adjudicated or expressly acknowledged by us in writing.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, The Prompting Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
6.2 Except for claims arising from willful misconduct, fraud, or indemnification obligations, our total aggregate liability arising out of or relating to the Service or these Terms shall not exceed the fees paid by you to The Prompting Company in the twelve (12) months preceding the claim.
6.3 You acknowledge that the limitations of liability in this section form an essential basis of the agreement between the parties.
6.4 Further Liability Limitations: To the extent The Prompting Company’s liability is limited or excluded under the provisions above, the same limitations or exclusions apply to the personal liability of The Prompting Company’s officers, employees, agents, and subcontractors.
6.5 You agree to indemnify and hold harmless The Prompting Company, Inc., its officers, directors, employees, and agents from any third-party claims, damages, liabilities, and expenses arising from:
your unlawful use of the Service,
your violation of these Terms, or
Customer Data you submit to the Service.
7. Term and Termination
7.1 The agreement begins when you accept these Terms or access the Service. The subscription term is as specified in your order or plan. If no term is specified, the agreement continues on a month-to-month basis.
7.2 Either party may terminate:
monthly subscriptions at the end of the current billing period,
annual subscriptions with thirty (30) days’ written notice prior to renewal,
indefinite subscriptions with thirty (30) days’ written notice.
Termination notices may be sent by email.
7.3 Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within a reasonable period, or becomes insolvent or ceases business operations.
Upon termination, your access to the Service will cease, and outstanding payment obligations will remain due.
7.4 Upon termination or expiration of the agreement, your right to access the Service will immediately cease, and The Prompting Company may deactivate or delete your account. You are responsible for exporting or downloading any Customer Data prior to the effective termination date.
Following termination, we may retain Customer Data for a limited period and may permanently delete such data thereafter, except to the extent retention is required by law or for legitimate business or compliance purposes.
Fees paid in advance are non-refundable, except where termination results solely from a material, uncured breach by The Prompting Company. Any provisions that by their nature should survive termination—including intellectual property, confidentiality, limitation of liability, indemnification, governing law, and dispute resolution—shall survive.
8. Governing Law and Jurisdiction
8.1 These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
8.2 Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California, and the parties hereby consent to personal jurisdiction and venue in such courts. Either party may seek injunctive or equitable relief in any court of competent jurisdiction.
9. Reference Use
Unless you object in writing, The Prompting Company may identify you as a customer and use your name, logo, and trademarks in a factual and non-misleading manner in customer lists, marketing materials, presentations, and on our website. We will not disclose your confidential information in connection with such use.
10. Final Provisions
10.1 We may update these Terms from time to time. For material changes affecting existing subscriptions, we will provide reasonable prior notice (e.g. by email). Continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the changes, you may terminate the agreement before they take effect.
10.2 These Terms, together with any applicable order form or subscription agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements or representations, whether written or oral.
10.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.4 These Terms are written in English and the English version shall control in all respects.
10.5 The Service is provided by The Prompting Company, Inc.
2261 Market Street, STE 85636
San Francisco, CA 94114
Email: support@promptingco.com
Our Privacy Policy and additional legal information are available on our website.
