End User License Agreement (EULA) for Promptay

1. Acceptance of Terms

By downloading, installing, accessing, or using the Promptay mobile application ("App") and related services ("Services"), you agree to be bound by this End User License Agreement ("EULA" or "Terms"). If you do not agree to these Terms, do not use our Services.

This EULA constitutes a legally binding agreement between you and Naim Dridi Podadera ("Company," "we," "our," or "us") regarding your use of Promptay.

2. Description of Service

Promptay is an AI-powered prompt generation application that helps users create, optimize, and manage prompts for various AI services including OpenAI (ChatGPT), Anthropic (Claude), Google Gemini, and other AI platforms.

2.1 Core Features

• AI prompt generation and optimization
• Multiple AI service integrations
• Prompt library and management
• Credit-based usage system
• Subscription and one-time purchase options
• Cloud synchronization across devices

3. User Accounts

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 13 years old to create an account
• One account per person; multiple accounts are prohibited

3.2 Account Security

• You are responsible for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breaches
• We are not liable for losses resulting from unauthorized account use

4. Credits and Payment System

4.1 Credit System

• Promptay uses a credit-based system for AI prompt generation
• Each prompt generation typically consumes one credit
• New users receive 1 free credit upon account creation
• Credits do not expire but are non-refundable except as required by law
• Credits are non-transferable between accounts

4.2 Purchases and Billing

• Payments are processed through RevenueCat and your device's app store (Apple App Store or Google Play Store)
• All purchases are final and non-refundable except as required by applicable law
• Prices may change at any time with 30 days notice
• You authorize automatic billing for subscription services
• Subscription renewals occur automatically unless cancelled at least 24 hours before the end of the current period
• Cancellation can be done through your device's app store subscription settings
• RevenueCat paywall may be presented to offer premium features and credit packages

4.3 Subscription Services

4.3.1 Subscription Management

4.3.2 Subscription Features

• Unlimited Prompt Generation: Generate unlimited AI prompts without credit restrictions
• Premium Templates: Access to exclusive prompt templates and categories
• Advanced AI Models: Access to premium AI models and advanced features
• Priority Support: Faster customer support response times
• Cloud Sync: Synchronize your prompts across all devices
• Export Features: Export prompts in various formats

4.3.3 Subscription Cancellation and Refunds

• Cancellation: You can cancel anytime through your device's subscription settings
• Effective Date: Cancellation takes effect at the end of the current billing period
• Access After Cancellation: You retain access to premium features until the end of the current billing period
• Refunds: Refunds are subject to Apple's App Store refund policy (typically 14 days for accidental purchases)
• No Partial Refunds: We do not provide partial refunds for unused portions of subscription periods

4.4 Refund Policy

• Refunds are generally not provided for credits or subscriptions
• Refund requests must be submitted within 48 hours of purchase
• We may provide refunds at our sole discretion for technical issues
• App store refund policies may also apply (Apple App Store 14-day policy, Google Play Store policies)
• RevenueCat purchases are subject to the respective app store's refund policies

4.5 RevenueCat Paywall Disclosures

4.6 App Store Subscription Information

5. Acceptable Use

5.1 Permitted Uses

• Personal and commercial use of generated prompts
• Creating prompts for legitimate business purposes
• Educational and research activities
• Content creation and marketing

5.2 Prohibited Uses

You may not use Promptay to:

• Generate illegal, harmful, or malicious content
• Create prompts for harassment, discrimination, or hate speech
• Attempt to reverse engineer or exploit our systems
• Share your account credentials with others
• Use automated systems to abuse our services
• Generate content that violates third-party intellectual property rights
• Create prompts for spam, phishing, or fraudulent activities
• Generate adult content involving minors
• Create prompts that could facilitate violence or self-harm
• Use the service for any unlawful purposes

6. Intellectual Property

6.1 Our Rights

• Promptay and all related intellectual property belong to us
• You may not copy, modify, or distribute our app or content
• Our trademarks and logos are protected and may not be used without permission

6.2 Your Content

• You retain ownership of your original prompt content
• You grant us a license to process and store your content for service provision
• AI-generated content may be subject to the terms of the respective AI service
• You are responsible for ensuring your content doesn't infringe on third-party rights

6.3 Generated Content

• You may use AI-generated prompts for personal and commercial purposes
• Generated content is subject to the terms of the underlying AI service
• We make no claims to ownership of your generated prompts

7. Privacy and Data

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Usage

• We collect and process data as described in our Privacy Policy
• Your prompts may be sent to third-party AI services for processing
• We implement security measures to protect your data
• You can request data deletion as outlined in our Privacy Policy

8. Service Availability

8.1 Uptime and Availability

• We strive to maintain high service availability but cannot guarantee 100% uptime
• Maintenance windows may temporarily limit service access
• Third-party AI service outages may affect functionality

8.2 Service Modifications

• We may modify, update, or discontinue features at any time
• Major changes will be communicated through the app or email
• We reserve the right to limit or suspend service for maintenance

9. Termination

9.1 Termination by You

• You may terminate your account at any time through app settings
• Unused credits and subscriptions are generally non-refundable
• Account deletion will permanently remove your data

9.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activities
• Abuse our systems or services
• Fail to pay required fees
• Create multiple accounts or share credentials

9.3 Effect of Termination

• Access to your account and data will be revoked
• Outstanding payment obligations remain in effect
• Certain provisions of these Terms survive termination

10. Disclaimers and Limitations

10.1 Service Disclaimers

• Promptay is provided "as is" without warranties of any kind
• We do not guarantee the accuracy or quality of AI-generated content
• Third-party AI services are beyond our control
• Results may vary based on prompt quality and AI service availability

10.2 Limitation of Liability

• Our liability is limited to the amount you paid for the service
• We are not liable for indirect, incidental, or consequential damages
• Some jurisdictions may not allow liability limitations

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or losses arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of third-party rights
• Content you create or submit through the service

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of Spain and the European Union, without regard to conflict of law principles.

12.2 Dispute Resolution

• We encourage resolving disputes through direct communication first
• For EU users: You may use the European Commission's Online Dispute Resolution platform
• Serious disputes may be subject to binding arbitration
• Some jurisdictions may provide additional consumer protection rights

13. International Users

13.1 Global Availability

• Promptay is available worldwide, subject to local laws
• Some features may be restricted in certain jurisdictions
• Currency and pricing may vary by region

13.2 Compliance

• Users must comply with local laws and regulations
• Export control laws may apply to certain content
• We reserve the right to restrict access in certain regions

14. Updates to Terms

We may update these Terms from time to time to reflect:

• Changes in our services or features
• Legal or regulatory requirements
• Industry best practices
• User feedback and experience improvements

We will notify you of material changes through:

• In-app notifications
• Email notifications
• Updated terms posted on our website

Continued use of Promptay after changes indicates acceptance of updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. We will replace invalid provisions with valid ones that achieve the same objective.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding Promptay. They supersede any prior agreements or understandings.