Terms of Service

1. Agreement to Terms

By accessing or using Gaiaprompt ("Service", "Platform", "we", "us", or "our"), an AI-powered prompt enhancement service, you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including users who contribute content, information, and other materials or services.

2. Description of Service

Gaiaprompt provides an AI-powered prompt enhancement service that analyzes and improves user-submitted text prompts. The Service uses advanced natural language processing to optimize prompts for better AI model responses.

The Service includes:

• Prompt analysis and enhancement capabilities
• API access for registered users
• Usage tracking and history
• Premium subscription options with increased usage limits

3. User Accounts and Registration

To access certain features of the Service, you must register for an account. When you register:

• You must be at least 13 years old (or 16 in the European Economic Area)
• You must provide accurate, complete, and current information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. API Usage and Rate Limits

Access to our Service is subject to the following usage limits:

• Free Tier: 3 requests per day
• Premium Tier: 100 requests per day
• Anonymous Users: 1 request per day

You agree to:

• Use the API only in accordance with our documentation
• Not attempt to circumvent rate limits
• Not use the Service in a manner that could damage, disable, or impair our servers
• Not use automated systems or software to extract data from the Service

We reserve the right to modify usage limits at any time with reasonable notice.

5. Content and Intellectual Property Rights

5.1 Your Content

You retain all rights to the content you submit to the Service ("Input"). By submitting Input, you grant Gaiaprompt a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, and display your Input solely for the purpose of:

• Providing and improving the Service
• Generating enhanced prompts ("Output")
• Analyzing usage patterns to improve our AI models

5.2 Output Ownership

Subject to your compliance with these Terms, you own all Output generated by the Service based on your Input. Gaiaprompt claims no ownership rights to your Output.

5.3 Our Intellectual Property

The Service, including its original content, features, functionality, and underlying AI models, is owned by Gaiaprompt and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works of, or reverse engineer any aspect of the Service.

6. Acceptable Use Policy

You agree not to use the Service to:

• Generate or process content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of privacy
• Infringe any patent, trademark, copyright, or other intellectual property rights
• Generate content that promotes violence, terrorism, or illegal activities
• Create content that discriminates against individuals or groups based on race, religion, gender, sexual orientation, or other protected characteristics
• Generate misleading or deceptive content intended to harm others
• Attempt to generate content related to child exploitation or abuse
• Use the Service for any form of automated decision-making that affects legal rights or safety
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to develop competing products or services
• Violate any applicable laws or regulations

7. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined in the Privacy Policy.

We are committed to GDPR compliance and respect your data rights, including:

• The right to access your personal data
• The right to rectification of inaccurate data
• The right to erasure ("right to be forgotten")
• The right to restrict processing
• The right to data portability
• The right to object to processing

To exercise these rights, please contact us using the information provided below.

8. Payment Terms

Premium subscriptions are billed monthly in advance through our payment processor, Stripe. By subscribing to a premium plan:

• You authorize us to charge your payment method on a recurring basis
• You are responsible for providing accurate billing information
• You must manage your subscription directly through your Stripe customer portal or payment method provider
• To cancel or modify your subscription, access your Stripe customer portal through the link provided in your subscription emails or contact your payment method provider
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial months

Important: Subscription management (including cancellations, payment method updates, and billing changes) must be handled directly through Stripe's customer portal or your payment provider. We cannot process subscription changes directly through our platform.

We reserve the right to change our pricing with 30 days notice to existing subscribers.

9. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Gaiaprompt. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We use the following third-party services:

• Stripe for payment processing
• Google OAuth for authentication
• Cloudflare Turnstile for security verification

10. Disclaimers and Limitations

10.1 No Warranty

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, NON-INFRINGEMENT, OR ACCURACY OF RESULTS.

10.2 AI-Specific Disclaimers

You acknowledge that:

• AI-generated content may contain errors, biases, or inaccuracies
• Output should be reviewed and verified before use
• We do not guarantee that Output will meet your specific requirements
• The Service should not be relied upon for critical or high-stakes decisions

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAIAPROMPT 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.

In no event shall Gaiaprompt's total liability exceed the amount paid by you to Gaiaprompt in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gaiaprompt and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Input or use of Output

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Non-payment of fees
• Upon your request

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that should reasonably survive termination will remain in effect.

13. Data Retention and Deletion

We retain your data only as long as necessary to provide the Service and comply with legal obligations. Upon account termination:

• Your account data will be deleted within 30 days
• Backup copies may persist for up to 90 days
• We may retain anonymized, aggregated data for analytics
• Data required for legal compliance may be retained longer

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes:

• We will notify you via email or prominent notice on the Service
• We will provide at least 30 days notice before changes take effect
• Your continued use after changes constitutes acceptance of new Terms
• If you disagree with changes, you may terminate your account

15. Governing Law and Disputes

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

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.

16. International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Data may be transferred to and processed in the United States.

For European Union users, we comply with GDPR requirements and have implemented appropriate safeguards for international data transfers.

17. Accessibility

We are committed to making our Service accessible to all users. If you encounter accessibility issues, please contact us so we can improve the Service.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gaiaprompt regarding the Service and supersede any prior agreements.

20. Contact Information

For questions about these Terms of Service, please contact us at:

For data protection inquiries or to exercise your GDPR rights, please email: privacy@gaiaprompt.com