PromptVibe

Terms of Service

Terms and conditions for using PromptVibe

Last Updated: January 26, 2025

Welcome, and thank you for your interest in Happy Melon Games Corp. ("PromptVibe," "we," or "us"), a corporation federally registered in Canada and located in British Columbia, Canada, and our website at www.promptvibe.io, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and PromptVibe regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PROMPTVIBE'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PROMPTVIBE'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PROMPTVIBE AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION AND CLASS ACTION WAIVER NOTICE: EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 16 (DISPUTE RESOLUTION AND ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN BRITISH COLUMBIA, CANADA. BY ACCEPTING THESE TERMS, YOU AND PROMPTVIBE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS.

1. PromptVibe Service Overview.

PromptVibe is a platform designed to boost the creation and exploration of AI prompts and AI-generated content. We offer an environment where users of the Service ("Users") may be able to create, share, and discover custom AI prompts ("Prompts") that have been designed for various AI models and applications. Users can upload, share, and monetize their Prompts on the Service, as well as purchase and download Prompts created by other Users in a marketplace format.

2. Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (d) if you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration.

To access most features of the Service, you must register for an account, whether directly or through a third party integration ("Account"). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, username, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account.

4. Payment and Billing.

PromptVibe operates as a digital marketplace where Users can purchase and sell Prompts. All payments are processed through third-party payment processors, including Stripe. By making a purchase, you agree to pay all charges associated with your purchase (including any applicable taxes) at the prices in effect when the charges are incurred. You also agree to pay any applicable shipping charges and taxes. All sales are final, and refunds are provided only in accordance with our Refund Policy.

5. User Content and Conduct.

The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for User Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting User Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

6. Prohibited Uses.

You may not use the Service:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service

7. Intellectual Property Rights.

The Service and its original content, features and functionality are and will remain the exclusive property of PromptVibe and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Digital Millennium Copyright Act (DMCA) Notice.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide specific information as outlined in our DMCA policy.

9. 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.

10. Disclaimer.

The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations, warranties, conditions and terms whether express or implied, statutory or otherwise.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMPTVIBE, 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 YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 CAD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Governing Law.

These Terms shall be interpreted and governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, 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.

13. Changes to Terms.

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.

14. Class Action Waiver.

YOU AND PROMPTVIBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and PromptVibe agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this specific provision is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.

15. Contact Information.

If you have any questions about these Terms, please contact us through our support channels available on the Service.

16. Dispute Resolution and Arbitration.

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre (BCICAC). The arbitration will be conducted in British Columbia, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.