THESE TERMS AND CONDITIONS (THE "AGREEMENT") GOVERN THE ACCESS TO AND USE OF PROMPTRUSH, INC.'S SOFTWARE-AS-A-SERVICE PLATFORM ("PROMPTRUSH", "WE", "US", OR "OUR") BY THE ENTITY OR INDIVIDUAL IDENTIFIED AS "CUSTOMER" IN THE ORDER FORM, CHECKOUT PAGE, OR ACCOUNT REGISTRATION PROCESS (THE "CUSTOMER" OR "YOU").

BY REGISTERING FOR AN ACCOUNT, ACCESSING THE PLATFORM, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

1. Overview

PromptRush, Inc. provides access to its software-as-a-service platform available at https://www.promptrush.ai (the "Platform"), which offers:

• Brand visibility tracking across the ChatGPT large language model (LLM)
• Prompt analytics and source attribution
• Competitor benchmarking
• AI citation and response reporting

(collectively, the "Services")

Your use of the Services is subject to the terms and limitations described herein and in your subscription plan.

2. Account and Access

2.1 Eligibility

You must be at least 18 years old and legally authorized to enter into contracts to use the Services.

2.2 User Accounts

Each user must maintain secure credentials for their account. You are responsible for all activity that occurs under your login credentials. You agree to notify us immediately of any unauthorized access or use of your account.

2.3 Access Rights

Subject to your compliance with this Agreement and your subscription plan, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

3. Restrictions

You agree not to, and not to permit others to:

• Resell, sublicense, lease, or otherwise make the Services available to any third party.
• Reverse engineer, decompile, or attempt to access the source code of the Platform or Services.
• Interfere with or disrupt the security, integrity, or availability of the Services or the data contained therein.
• Use the Services for any unlawful or fraudulent purpose.
• Access or use the Services to build a similar or competitive product or service.
• Use automated scripts, bots, or other means to extract data in bulk ("scraping") unless explicitly authorized by us in writing.

4. Data Usage

4.1 Customer Data

You retain all ownership rights to the data, information, or material you upload or input into the Platform (e.g., brand names, prompt inputs) ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free right to process Customer Data solely for the purpose of providing, maintaining, and improving the Services. We may also use anonymized, aggregated metadata derived from your use of the Services ("Telemetry") for analytics, reporting, and to improve the Platform. We will not use your Customer Data to train third-party AI models.

4.2 Output

You are solely responsible for how you interpret and use any reports, data, or insights generated by the Platform ("Output"). PromptRush, Inc. makes no warranty regarding the accuracy, reliability, legality, or completeness of third-party AI responses reflected in the Output. Customer is solely responsible for reviewing, verifying, and ensuring the accuracy and appropriateness of all Output before any use or distribution. Customer agrees to use the Output in compliance with the terms of service of any underlying LLMs from which the data is sourced.

5. Third-Party Services

If you authorize integrations with third-party services (e.g., Google Workspace), you grant us permission to access and process relevant data on your behalf to enable the integration. Your use of such third-party services is governed by their respective terms and privacy policies. We are not responsible for the security, privacy practices, or functionality of any third-party platforms.

6. Payments and Billing

6.1 Fees

All fees ("Fees") are as listed at checkout or in your applicable Order Form. Fees are billed in advance via our third-party payment processor (Stripe). All payments are non-refundable, except as expressly stated otherwise in this Agreement.

6.2 Taxes

You are responsible for paying any local, state, federal, or international taxes, duties, or government charges related to your purchase, excluding only taxes based on PromptRush, Inc.'s net income.

6.3 Subscription Renewal and Price Changes

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew. You authorize us to charge your payment method for the applicable subscription Fees for the subsequent period. We reserve the right to change our subscription fees upon 30 days' advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the new amount.

7. Service Availability and Support

We will use commercially reasonable efforts to make the Services available with an uptime of 99%, excluding planned maintenance and circumstances beyond our reasonable control (force majeure). Basic support is provided via email. For service outages or critical issues, please contact support@promptrush.ai.

8. Termination

You may cancel your subscription at any time through your account settings, effective at the end of your current billing period. We reserve the right to suspend or terminate your access to the Services immediately and without notice if:

• You are in material breach of this Agreement.
• Your payment fails and remains overdue for more than 10 days.
• Your usage causes or threatens to cause material harm to our systems, the Platform, or other users.

Upon termination, we may permanently delete your Customer Data within 30 days unless legally required to retain it. No refund will be provided for any prepaid fees upon termination due to your breach.

8.1 Survival

The following sections will survive any termination or expiration of this Agreement: Section 4 (Data Usage), Section 6 (Payments and Billing, for fees owed), Section 9 (Intellectual Property), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Governing Law and Dispute Resolution), and Section 13 (Confidentiality).

9. Intellectual Property

We and our licensors own all right, title, and interest in and to the Services and the PromptRush Platform, including all related intellectual property rights such as trademarks, logos, user interface, and backend technology. This Agreement does not grant you any ownership rights. You may not copy, modify, or create derivative works of the Platform. If you provide us with any feedback, suggestions, or ideas for improvement ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our Services without any obligation or compensation to you.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT OUTPUTS FROM LLMS WILL BE ACCURATE, COMPLETE, OR SAFE FOR DISTRIBUTION. YOU ASSUME ALL RISK FOR YOUR USE OF THE PLATFORM AND FOR COMPLYING WITH ALL APPLICABLE LAWS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROMPTRUSH, INC. OR ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL;
• IN AGGREGATE, ANY AMOUNTS EXCEEDING THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Governing Law and Dispute Resolution

This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of law principles. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any dispute arising out of or relating to this Agreement.

13. Confidentiality

We will treat your Customer Data as confidential information and will only use and disclose it in accordance with this Agreement and our Privacy Policy. You agree not to disclose non-public information about the Platform's performance, features, or roadmap without our prior written consent.

14. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services or for legal reasons. We will provide at least 15 days' notice for material changes via the email address associated with your account or through an in-app notification. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

PromptRush, Inc.
Email: support@promptrush.ai
Phone: +1 (302) 496-6234
Address:
Hrachya Acharyan 37/27 1-8
Yerevan, Yerevan, 0002
Armenia