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TERMS OF SERVICE

WELCOME TO PROMPT MINE!

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

  1. ACCEPTANCE AND SCOPE OF TERMS.

    These Terms of Service ("Terms") constitute a legally binding agreement between You and PROMPT MINE AI LLC ("Company," "We," "Us," or "Our") governing Your access to and use of Our websites, mobile applications, web-based products, and related services (collectively, the "Services").

    These Terms apply solely to the Services expressly identified herein and any applicable addenda incorporated by reference. The Company may offer, operate, or make available other products, services, websites, or offerings that are governed by separate terms, agreements, or policies, which are not covered by these Terms unless expressly stated. Any references or links to other Company products or services are provided for convenience only and do not imply endorsement or that such products or services are governed by these Terms.

    Certain Services may be subject to additional product-specific terms or addenda (each, an "Addendum"), including the BrandKit Addendum to Terms of Service. In the event of a conflict, the applicable Addendum controls solely with respect to that Service.

    By creating an account, accessing, or using any part of the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference, including the Privacy Policy, Cookies Policy, and Monetization Policy.

  2. DEFINITIONS

    1. "AAA" has the meaning set forth in Section 17.
    2. "AAA Rules" has the meaning set forth in Section 17.
    3. "Agreement," "Terms of Service," or "Terms" means these terms of service, and all terms incorporated herein by reference, which govern the Company's relationship with its Users.
    4. "AI" means artificial intelligence systems that generate outputs based on User instructions.
    5. "AI Agent" or "Agent" means AI-powered features that may perform tasks, generate outputs, or take actions based on User instructions.
    6. "Company", "Our", "Us", or "We" means PROMPT MINE AI LLC.
    7. "Creators" mean Users eligible to monetize content under the Monetization Policy.
    8. "Credits" has the meaning set forth in Section 8.3.
    9. "Feedback" has the meaning set forth in Section 13.
    10. "Free Tier" has the meaning set forth in Section 8.4.
    11. "Monetized Content" has the meaning set forth in the Monetization Policy.
    12. "One-Time Purchases" has the meaning set forth in Section 8.5.
    13. "Paid Subscription" has the meaning set forth in Section 8.1.
    14. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through Your account with a third party.
    15. "Premium Prompts" has the meaning set forth in the Monetization Policy.
    16. "Services" means the Company's products and services expressly governed by these Terms.
    17. "Third-Party Models" means AI models provided by third parties and made accessible through the Services.
    18. "User" means any visitor or user of the Services.
    19. "User Content" means content submitted or generated by Users through the Services.
    20. "You," "Your," or "Yourself" means you as a User.

  3. ELIGIBILITY AND ACCOUNTS.

    You must meet the minimum age requirement applicable to Your jurisdiction and the platform through which You access the Services. Depending on Your location and platform, the minimum age may be 12, 13, 16, or 18 years old, as determined by applicable law, platform requirements, and rating authorities.

    If You access the Services through Apple platforms, You must be at least eighteen (18) years old. For other platforms, You represent and warrant that You meet the applicable minimum age requirement in Your jurisdiction. Where parental or guardian consent is required by law, You represent that such consent has been obtained.

    You are responsible for safeguarding Your account credentials and for all activity conducted under Your account. You agree to provide accurate, current, and complete information and to keep Your account information updated.

    If You use the Services on behalf of an organization, You represent that You have authority to bind that organization to these Terms, and "You" includes both You and the organization.

  4. DESCRIPTION OF SERVICES.

    Our Services provide access to AI-powered tools and features, which may include text, image, audio, video, and Agent-based generation; prompt discovery, sharing, and monetization; and related creative functionality. Features may be experimental, limited, platform-specific, region-specific, or subject to additional terms.

    We may modify, suspend, or discontinue any part of the Services at any time, subject to applicable law.

  5. OWNERSHIP OF THE SERVICES.

    The Services (including all software, interfaces, workflows, templates, designs, and underlying technology), and all Company content made available through the Services (excluding User Content), are owned by the Company and its licensors and are protected by intellectual property laws. No rights are granted except as expressly set forth in these Terms.

    Our trademarks, logos, and brand features may not be used without prior written permission.

  6. USER CONTENT.

    You retain ownership of Your User Content. By using the Services, You grant Us a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, distribute, publicly display, and otherwise use User Content for the purposes of operating, maintaining, improving, and promoting the Services; displaying content in public feeds or galleries, providing private generation features; enabling sharing or monetization features where applicable; moderation, trust and safety, compliance, and policy enforcement; and internal research and system improvement using aggregated or de-identified data, where permitted by law. You represent and warrant that You have all rights necessary to provide User Content and grant the foregoing rights.

    User Content may be published to a public feed by default. Where available, Users may designate certain generations as private. Private content may still be accessed and used by Us as described above.

  7. ACCEPTABLE USE AND ENFORCEMENT.

    You agree not to misuse the Services, including by:

    • attempting to bypass, disable, or circumvent security or usage safeguards;
    • reverse engineering, decompiling, or attempting to derive source code or underlying components (except to the extent prohibited by law);
    • scraping, harvesting, or extracting data or content from the Services through any means without authorization;
    • engaging in fraud, deception, or unlawful activity;
    • generating or distributing unlawful, infringing, abusive, deceptive, or harmful content;
    • infringing intellectual property, privacy, or publicity rights;
    • impersonating others or misrepresenting affiliation.

    We reserve the right to monitor, review, restrict, or remove content or accounts that violate these Terms, applicable policies, or law.

  8. SUBSCRIPTIONS, CREDITS, DIGITAL GOODS, AND MONETIZATION.

    1. DIGITAL GOODS, PRICING, AND AVAILABILITY. The Services may include Paid Subscriptions, Credits, One-Time Purchases, Premium Prompts, and other digital goods. We reserve the right to modify, update, or change the availability, features, conditions, pricing, or usage requirements at any time, subject to applicable law. You acknowledge, accept, and agree that We shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of Our Services.
    2. PAID SUBSCRIPTIONS. Paid Subscription ("Paid Subscription") is a recurring subscription plan that provides access to paid features or Credits. Paid Subscriptions renew automatically unless canceled at least twenty-four (24) hours before renewal (see "Refunds and Cancellation" below). Billing terms are disclosed at the time of purchase.
    3. CREDITS. Credits ("Credits") are virtual digital goods with no cash value, are not legal tender, are non-transferable, are not redeemable for cash, and may be subject to expiration, rollover limits, or maximum balances.

      Credits may be obtained through Paid Subscriptions, One-Time Purchases, promotional grants, engagement-based rewards, referrals, or other mechanisms We may offer from time to time.
    4. FREE TIER. Free Tier ("Free Tier") means access to limited features or Credits without payment. Free Tier Users may receive limited access to features or Credits. Free Tier availability and limits may change or be discontinued at any time.
    5. ONE-TIME PURCHASES. Certain features, content, or functionality may be offered as one-time purchases ("One-Time Purchases"). One-Time Purchases grant access to the applicable feature as described at the time of purchase and do not confer any ownership of the Services, any underlying software, or any intellectual property.

      Unless otherwise expressly stated, One-Time Purchases are non-refundable and do not guarantee continued availability of the purchased feature. We reserve the right to modify, suspend, or discontinue any feature, including features made available through One-Time Purchases.
    6. REFUNDS AND CANCELLATION. All purchases are final except as required by law. Cancellation, refunds, and billing disputes are governed by the rules, policies, and procedures of the applicable app store, platform, or payment provider through which the purchase was made.
    7. MONETIZATION AND PREMIUM PROMPTS. Creator Monetization is governed exclusively by the Monetization Policy, which controls monetization programs, eligibility, revenue sharing, payouts, thresholds, and enforcement.

      Specific monetization terms apply only to the monetization programs expressly identified in the Monetization Policy.

  9. MODEL SELECTION AND THIRD-PARTY MODELS.

    The Services may allow You to select from multiple AI models, including models provided by third parties ("Third-Party Models"). Certain models may be available only under Paid Subscriptions, One-Time Purchases, or at different Credit rates. Model availability, performance, characteristics, features, and output behaviors may vary and are not guaranteed.

    When You select a Third-Party model, your inputs, prompts, and generated outputs are processed by the applicable third-party provider and are subject to that provider's own terms, policies, and practices. The Company does not control and is not responsible for the training data, internal processes, content moderation standards, or independent policies of Third-Party Models and makes no representations or warranties regarding outputs generated by such models.

    We do not endorse or certify any Third-Party Model and provide access solely as a convenience. We reserve the right to add, remove, substitute, restrict, or modify available features or models at any time.

  10. THIRD-PARTY SERVICES.

    The Services may integrate third-party services, including software, APIs, AI models, cloud computing infrastructure, data storage, analytics, security, monitoring, authentication, or other technical or operational services used to provide, support, or operate the Services. The Company is not responsible for third-party services, content, or outputs, and disclaims liability arising from their use.

  11. AI SERVICES AND DISCLAIMERS.

    AI-generated outputs may be inaccurate, incomplete, or inappropriate and should not be relied upon as any form of professional, legal, medical, or financial advice.

    AI Agents ("Agents") may be sandboxed at this time. Where enabled, Agents may perform actions or interact with external services based on Your instructions. You are responsible for reviewing and approving any outputs or actions.

  12. SUSPENSION AND TERMINATION.

    We may suspend or terminate your access to the Services at any time for violations of these Terms or other legitimate business reasons. Upon termination, any unused Credits or unused access associated with digital goods may be forfeited to the extent permitted by law.

  13. FEEDBACK.

    If You provide comments, suggestions, or feedback regarding the Services ("Feedback"), You agree that We may use the Feedback without restriction and without any obligation, compensation, or liability to You.

  14. INDEMNIFICATION.

    You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to Your use of the Services, Your User Content, or Your violations of these Terms or applicable law.

  15. DISCLAIMER OF WARRANTIES.

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

  16. LIMITATION OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. THE COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE-HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

  17. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER.

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

    Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misuse, or violation of intellectual property rights.

    YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

    The arbitrator shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

    Unless otherwise required by the AAA Rules, the arbitration may be entered in any court having jurisdiction.

  18. GOVERNING LAW.

    These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. To the extent any Dispute is permitted to be brought in court (including to enforce an arbitration award or seek injunctive relief), You and the Company agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware and waive any objection based on inconvenient forum.

  19. NOTICES AND ELECTRONIC COMMUNICATIONS.

    We may provide notices to You by email, in-product notifications, postings within the Services, or other reasonable means. You consent to receive communications from the Company electronically, and You agree that electronic communications satisfy any legal requirement that communications be in writing.

  20. MISCELLANEOUS.

    1. NO THIRD-PARTY BENEFICIARIES. Except as expressly stated, there are no third-party beneficiaries to these terms.
    2. SEVERABILITY. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
    3. WAIVER. Failure to enforce any provision is not a waiver.
    4. ASSIGNMENT. The Company may assign these Terms. You may not assign these Terms without the Company's prior written consent.
    5. CHANGES TO TERMS. We may update, modify, change, supplement, or add to these Terms from time to time. The revised version will be effective immediately when posted. Please review these Terms periodically, and especially before You provide any information, to ensure that You continue to agree with all of its terms. Your continued use of the Services constitutes Your acceptance of the updated Terms.
    6. ENTIRE AGREEMENT. These Terms, together with applicable Addenda and incorporated policies, constitute the entire agreement between You and the Company regarding the Services.

  21. SURVIVAL.

    Sections that by their nature should survive termination or expiration of these Terms will survive, including (without limitation) intellectual property, User Content licenses, monetization, disclaimers, limitation of liability, dispute resolution, and governing law.

Last updated: February 1, 2026