Please
read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using Promptenginepro (the “Service”)
operated by Jargon Handlers Software Solutions Private Limited (“us”, “we”, or “our”).
Your access
to and use of the Service is conditioned upon your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users
and others who wish to access or use the Service.
By accessing or
using the Service you agree to be bound by these Terms. If you disagree
with any part of the terms then you do not have permission to access
the Service.
Communications
By
creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we
may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
Purchases
If
you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information
relevant to your Purchase including, without limitation, your credit
card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant
that: (i) you have the legal right to use any credit card(s) or other
payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
The
service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the
right to refuse or cancel your order at any time for reasons including
but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or
other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We
are constantly updating product and service offerings on the Service.
We may experience delays in updating information on the Service and in
our advertising on other web sites. The information found on the Service
may contain errors or inaccuracies and may not be complete or current.
Products or services may be mispriced, described inaccurately, or
unavailable on the Service and we cannot guarantee the accuracy or
completeness of any information found on the Service.
We
therefore reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior
notice.
Contests, Sweepstakes and Promotions
Any
contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through the Service may be governed by rules that are
separate from these Terms & Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms and
Conditions, the Promotion rules will apply.
Subscriptions
Some
parts of the Service are billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a recurring and
periodic basis (“Billing Cycle”). Billing cycles are set either on a
monthly or annual basis, depending on the type of subscription plan you
select when purchasing a Subscription.
At the end of each Billing
Cycle, your Subscription will automatically renew under the exact same
conditions unless you cancel it or PromptEnginePro cancels it. You may
cancel your Subscription renewal either through your online account
management page or by contacting PromptEnginePro customer support team.
A
valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide
PromptEnginePro with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid
payment method information. By submitting such payment information, you
automatically authorize PromptEnginePro to charge all Subscription fees
incurred through your account to any such payment instruments.
Should
automatic billing fail to occur for any reason, PromptEnginePro will
issue an electronic invoice indicating that you must proceed manually,
within a certain deadline date, with the full payment corresponding to
the billing period as indicated on the invoice.
Fee Changes
PromptEnginePro
in its sole discretion and at any time, may modify the Subscription
fees for the Subscriptions. Any Subscription fee change will become
effective at the end of the then-current Billing Cycle.
PromptEnginePro
will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued
use of the Service after the Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Content
Our
Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post on or
through the Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the Service,
You represent and warrant that: (i) the Content is yours (you own it)
and/or you have the right to use it and the right to grant us the rights
and license as provided in these Terms, and (ii) that the posting of
your Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright. You retain any
and all of your rights to any Content you submit, post or display on or
through the Service and you are responsible for protecting those rights.
We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting
Content using the Service you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute
such Content on and through the Service. You agree that this license
includes the right for us to make your Content available to other users
of the Service, who may also use your Content subject to these Terms.
PromptEnginePro has the right but not the obligation to monitor and edit all Content provided by users.
In
addition, Content found on or through this Service is the property of
PromptEnginePro or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain,
without express advance written permission from us.
Accounts
When
you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete,
and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on
the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited
to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that
occur under your account and/or password, whether your password is with
our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of
your account.
You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity
other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We
respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes on
the copyright or other intellectual property rights (“Infringement”) of
any person or entity.
If you are a copyright owner, or authorized
on behalf of one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement, please submit
your claim via https://karthikramani.freshdesk.com/a/, with the subject
line: “Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under “DMCA
Notice and Procedure for Copyright Infringement Claims”
You may
be held accountable for damages (including costs and attorneys’ fees)
for misrepresentation or bad-faith claims on the infringement of any
Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You
may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via https://karthikramani.freshdesk.com/a/
Intellectual Property
The
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property
of PromptEnginePro and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and
foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent
of .PromptEnginePro
Acceptable Use Policy
We
do not allow image uploads, video linking or files linking or the use
of PromptEnginePro pages, resources or assets on websites that are of
the following nature: Pornographic, racist, hate, defamatory/libelous,
extreme violence or the promotion of violence/terrorism, self harm,
narcotics, controlled substances or other products/services that present
a risk to consumer safety, deceptive, misleading, fraudulent or
otherwise illegal activities.
PLEASE NOTE THAT YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT NEGOTIATION IF YOU BREAK THIS AUP AGREEMENT
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by PromptEnginePro.
PromptEnginePro
has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or services.
We do not warrant the offerings of any of these entities/individuals or
their websites.
You acknowledge and agree that PromptEnginePro
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such third party web sites or services.
We
strongly advise you to read the terms and conditions and privacy
policies of any third party web sites or services that you visit.
Termination
We
may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All
provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Indemnification
You
agree to defend, indemnify and hold harmless PromptEnginePro and its
licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney’s fees), resulting from or arising out of
a) your use and access of the Service, by you or any person using your
account and password; b) a breach of these Terms, or c) Content posted
on the Service.
Limitation Of Liability
In
no event shall PromptEnginePro, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have
been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Disclaimer
Your
use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
PromptEnginePro
its subsidiaries, affiliates, and its licensors do not warrant that a)
the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or d)
the results of using the Service will meet your requirements.
Exclusions
Some
jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
Governing Law
These
Terms shall be governed and construed in accordance with the laws of
Delaware, United States, without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our
Service, and supersede and replace any prior agreements we might have
had between us regarding the Service.
Changes
We
reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will provide at least 30
days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By
continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.