Terms and Conditions

1. Scope of Application, Conclusion of Contract, and Applicable Law

• Scope of Application: These Terms of Service apply to all contracts concluded between you and PromptCharts regarding the use of the Platform. Any deviating terms and conditions of the user are not recognized unless we expressly agree to their validity in writing.
• Conclusion of Contract: These Terms become legally binding as soon as you explicitly agree to them during the registration of a user account. For unregistered visitors, these Terms serve as binding guidelines for the mere access and use of the freely available website content.
• Applicable Law: The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and have your habitual residence in another country within the European Union, the mandatory consumer protection provisions of your country of residence shall remain unaffected by this choice of law.
• Compliance with Laws: You agree to use the Platform only for lawful purposes and to comply with all applicable laws (e.g., copyright and data protection laws) when creating, sharing, and using prompts.

2. User Accounts and Registration

• Eligibility: You must be at least 18 years old, or the legal age of majority in your jurisdiction, to create an account.
• Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Commercial Use & Legal Notice: If you use your public profile for commercial purposes (e.g., offering services, attracting B2B clients), you are legally obligated to provide a valid Legal Notice (Impressum) on your profile. We provide a dedicated field in the profile settings for this purpose.
• Account Deletion (Termination for Convenience): You have the right to terminate this agreement at any time without providing a reason by using the "Delete Account" button in your dashboard. We similarly reserve the right to terminate the agreement with a 14-day notice period.
• Extraordinary Termination & Suspension (Termination for Cause): The right to terminate the agreement without notice for good cause (in accordance with Section 314 of the German Civil Code) remains unaffected. For us, good cause exists, in particular, if you severely violate these Terms or abuse the Platform. In such instances, we reserve the right to temporarily or permanently suspend your account without prior notice.

3. User-Generated Content & Indemnification

• Ownership: You retain all intellectual property rights to the prompts, comments, and other content you submit to PromptCharts.
• License to Us: By submitting content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, adapt, publish, display, and distribute your content in connection with operating, promoting, and archiving the Platform. Mandatory statutory revocation rights remain unaffected.
• Contributor Feature (Suggestions): If you submit suggestions to another user's prompt and they are accepted, you grant the original creator an exclusive, perpetual, worldwide, and transferable right of use to your text contribution. Furthermore, you commit to agreeing to the platform's standard form of attribution (being linked as a contributor) and not to assert any further moral rights.
• Archiving of Published Content: If you delete a published prompt or terminate your account, the raw content of your published prompts will remain accessible in our public archive based on the license granted to us. However, all personal identifiers will be removed (anonymization) in accordance with our Privacy Policy.
• User Guarantees: You guarantee that your content does not violate any third-party rights, does not contain unauthorized third-party trade secrets or personal data, is not illegal, and does not contain malicious instructions designed to cause harm. If you use our AI-assisted text generation features, you remain solely responsible for reviewing the output for accuracy, legality, and compliance with these Terms prior to publishing.
• Indemnification: You agree to indemnify, defend, and hold harmless PromptCharts, its affiliates, and its employees from and against any and all claims, liabilities, damages, losses, and expenses (including statutory legal and attorney fees) arising from or in any way related to your violation of third-party rights or applicable laws through the content you submit.

4. ChartPoints (CP) and Bounties

• Virtual Currency: ChartPoints (CP) are a virtual, platform-specific currency used solely within PromptCharts. CP have no real-world monetary value, cannot be withdrawn, and cannot be exchanged for fiat currency.
• Bounties: Users may offer CP as a reward within the framework of a bounty. Each bounty has a submission period specified by the creator. Once this period ends, an equally long review period begins, during which a winner must be selected. If the creator fails to select a winner within this timeframe, the bounty is closed and the escrowed CP are split equally among all eligible participants. If there were no submissions, the CP remain with the creator and the bounty can be reactivated. When the creator accepts a submitted solution, the specified CP amount is transferred. Transactions within the bounty are final and cannot be reversed.
• Revocation and Deductions of CP: We reserve the right to deduct or revoke previously awarded CP if the underlying action is reversed (e.g., deleting a published prompt that has no community upvotes) or in cases of justified suspicion of platform manipulation.
• Expiration & Cancellation: CP are tied to your active account. If your account is terminated for any reason, or if you have not logged in for a continuous period of 12 months, all accumulated CP will expire without compensation.
• Right to Modify: We reserve the right to modify the CP system, adjust reward payouts, or change the cost of platform actions at any time to ensure the functional integrity of the platform.

5. Acceptable Use Policy

To ensure a safe and constructive environment, you agree not to:

• Post malicious code, malware, or prompts explicitly designed to bypass AI safety filters (jailbreaks) for harmful purposes.
• Harass, abuse, threaten, or spam other community members.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., creating fake profiles of known developers).
• Use automated scripts, bots, or fake accounts to artificially inflate upvotes, collect ChartPoints, or manipulate the charts and leaderboard.
• Scrape or systematically extract data from the Platform without our explicit written consent.

6. Platform Intellectual Property

All branding, logos, underlying code, and design elements of PromptCharts (excluding user-generated content) are the exclusive intellectual property of the platform operator, as designated and identified in our Legal Notice. These assets are protected by applicable copyright, trademark, and other intellectual property laws.

7. Limitation of Liability

• "As Is" Basis: PromptCharts is provided on an "as is" and "as available" basis. We do not guarantee the effectiveness, safety, or accuracy of any AI prompts shared on the Platform.
• Unlimited Liability: We shall be liable without limitation for damages caused intentionally or with gross negligence by us, our legal representatives, or vicarious agents, as well as for damages resulting from injury to life, body, or health.
• Limited Liability: In cases of slight negligence, we shall only be liable for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract. In such cases, our liability is limited to the foreseeable, typical damage.
• Any further liability for damages is excluded.

8. Changes to These Terms

We reserve the right to amend these Terms. We will notify you of any proposed changes by email or via a prominent notice on the Platform at least four (4) weeks before they take effect. If you do not object to the changes in text form within this four-week period, your continued use of the Platform will be deemed as acceptance of the revised Terms. We will explicitly inform you of your right to object and the consequences of remaining silent in our notification. If you object, we reserve the right to terminate your account.

9. Embedded Prompts and API Usage

If you embed PromptCharts content on external websites via our provided snippets or utilize our API, you agree to the following obligations as an independent Data Controller:

• Data Protection Compliance: You are solely responsible for ensuring that the embedding of our snippets complies with applicable privacy laws (e.g., GDPR, ePrivacy Directive).
• Consent (Cookies & Tracking): You must not load the PromptCharts embed script or transmit any end-user data (including IP addresses) to our servers unless you have obtained the legally required, explicit consent from your website visitor via a compliant Consent Management Platform (CMP).
• Indemnification: You agree to fully indemnify PromptCharts from any third-party claims or regulatory fines resulting from your failure to obtain proper user consent prior to loading our embedded content.