Terms of Service

Thank you for using Prompt!

When we say "Company", "we", "our", or "us" in this document, we are referring to Dashborg Inc (the creator of Prompt).

When we say "Services", we mean any product created and maintained by Dashborg Inc. That includes the Prompt Terminal and Prompt SaaS service (getprompt.dev) and any content available on our website or Github account.

Note that most of these terms are only relevant for the Prompt SaaS service, and cloud connected features of the Prompt Terminal. When not using cloud connected, team, or sharing features, the Prompt Terminal does not upload or share any data (other than very basic telemetry, which can be disabled) to the Company.

When we say "You" or "your", we are referring to the people or organizations that use one or more of our Products or Services.

We may update these Terms of Service in the future. When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account or access to the Prompt service.

Account Terms

• If you have a user account, you are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• If you connect to the Prompt cloud service, some of your data may be encrypted with public/private key crytography. You are responsible for maintaining the security of your private keys. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. The Company also cannot recover any private keys that are lost (as we never have access to them).
• You must be a human. Accounts or users registered by bots or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

• If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and - just like for customers who pay for our Services - we do not sell your data.
• For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, it may be canceled.
• If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For upgrades, your card may be charged immediately and the amount will be prorated (by day). For downgrades, no refund will be given, and your account will be downgraded upon the next billing cycle.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Modifications to the Service and Prices

• We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
• Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

• Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our Services - but do take uptime of our applications seriously.
• We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
• We take many measures to protect and secure your data through backups, redundancies, and encryption.
• When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Dashborg may process your data as described in our Privacy Policy.
• We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

• All content posted on the Services must comply with U.S. copyright law.
• We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
• We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
• The names, look, and feel of the Services are copyright to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
• You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces ("API"s) for some of our Services . Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact us.

Adapted from the Basecamp open-source policies / CC BY 4.0