Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

Welcome to SmartPrompts.me ("we," "our," "us," or "the Service"). By accessing or using our website at smartprompts.me (the "Site") and our prompt optimization service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

SmartPrompts.me provides a free web-based tool that helps users create optimized prompts for AI language models and image generators. Our Service includes:

• An interactive form for gathering prompt requirements
• Real-time generation of optimized AI prompts
• Educational content about prompt engineering
• Tips and best practices for AI interactions

The Service is provided free of charge and is supported by advertising.

3. User Responsibilities

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to create prompts for illegal, harmful, or unethical purposes
• Generate prompts that promote hate speech, discrimination, violence, or harassment
• Create content that infringes on intellectual property rights
• Attempt to reverse engineer, decompile, or extract the source code of our Service
• Use automated systems or bots to access the Service in ways that strain our infrastructure
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers

3.2 Your Content

You retain all rights to the content you input into our Service and the prompts generated. We do not claim ownership of your prompts or store them on our servers. However, by using the Service, you represent and warrant that:

• You have the right to use any information you input
• Your use complies with all applicable laws and regulations
• Your content does not violate any third-party rights

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying algorithms, is owned by SmartPrompts.me and is protected by international copyright, trademark, and other intellectual property laws.

4.2 Your Rights

You own the prompts generated using our Service and may use them for any lawful purpose, including commercial use. However:

• We do not guarantee that prompts will work perfectly with every AI tool
• We are not responsible for outputs created by third-party AI tools using your prompts
• You must comply with the terms of service of any AI platform you use

4.3 Trademarks

SmartPrompts.me, our logo, and related marks are trademarks of SmartPrompts.me. You may not use these trademarks without our prior written permission.

5. Third-Party Services and Links

Our Service may contain links to third-party websites or services that are not owned or controlled by SmartPrompts.me, including:

• AI platforms (ChatGPT, Claude, Gemini, etc.)
• Google Analytics and Google AdSense
• Social media platforms
• Educational resources

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party services.

6. Advertising

Our Service is supported by advertising through Google AdSense. By using the Service, you agree that:

• Advertisements will be displayed on our Site
• We may use cookies and similar technologies for advertising purposes
• Third-party advertisers may collect data as described in our Privacy Policy
• You will not click on ads fraudulently or encourage others to do so
• You will not use ad-blocking software that interferes with our revenue model (though we don't technically prevent it)

7. Disclaimers and Limitations of Liability

7.1 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 No Guarantee of Results

We do not guarantee that:

• The prompts generated will work perfectly with every AI tool
• AI outputs using our prompts will meet your specific needs
• The Service will be uninterrupted, secure, or error-free
• Any defects will be corrected

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTPROMPTS.ME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers
• Any interruption or cessation of the Service
• Any bugs, viruses, or the like transmitted through the Service
• Any errors or omissions in content or for any loss or damage incurred from the use of any content posted or transmitted through the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED EUROS (€100).

8. Indemnification

You agree to defend, indemnify, and hold harmless SmartPrompts.me, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Service

9. Account Termination

We reserve the right to:

• Refuse service to anyone for any reason at any time
• Terminate or suspend access to the Service immediately, without prior notice, for any breach of these Terms
• Remove or disable any content that violates these Terms

Upon termination, your right to use the Service will immediately cease.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at smartprompts.me/privacy-policy to understand our data practices.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through:

1. Informal Negotiation: First, contact us at contact@smartprompts.me to resolve the dispute informally
2. Mediation: If informal resolution fails, we agree to attempt mediation
3. Jurisdiction: If mediation fails, disputes shall be resolved in the competent courts of The Hague, Netherlands

12. Changes to the Service

We reserve the right to:

• Modify or discontinue the Service (or any part thereof) at any time
• Change pricing structures (if we introduce paid features in the future)
• Update features and functionality

We will provide reasonable notice of significant changes. Continued use of the Service after changes constitutes acceptance of the modified service.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

14. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartPrompts.me regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Service.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: contact@smartprompts.me
• Business Inquiries: business@smartprompts.me
• Privacy Questions: privacy@smartprompts.me
• Website: Contact Form

17. Future Premium Features

We may introduce premium features in the future. If we do:

• The core service will remain free
• Premium features will have separate terms and pricing
• You will not be automatically enrolled in paid plans
• Additional terms may apply to premium services