Privacy Policy

Last update: June 26th, 2024

Privacy Policy

Last updated: June 26th, 2024

Prompy – operateswww.prompy.app. This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

1. Introduction

This privacy policy applies to Prompy, the www.prompy.app website, and the Prompy platform (the “Services”). Prompy is a communications technology incubator that provides prompt and description generation services to augment human creativity and foster social connection, resulting in well-structured content to generate AI imagery on the Midjourney app.

As used in this Policy, “personal data” means any information that relates to, describes, or could be used to identify an individual, directly or indirectly.

Applicability: This Policy applies to personal data that Prompy collects, uses, and discloses, and may include:

  • Data collected through the Services
  • Data collected through the process of training Prompy machine learning algorithms
  • Data collected through the Prompy website
  • Data collected from third-party sources, including public databases, commercial data sources, and the public internet.

When you make purchases, we use third-party payment processors to collect credit card or other financial information. Prompy does not store the credit card or payment information you provide, only confirmation that payment was made.

This Policy does not apply to the following information: Personal Data about Prompy employees and candidates, and certain contractors and agents acting in similar roles.

Changes: We may update this Policy from time to time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy.

Definitions: Throughout this Policy, You, or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to prompy. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

2. Collecting and Using Your Personal Data

2.1 Types of Data Collected

2.1.1 Personal Data

While interacting with the Services, You may provide certain personally identifiable information that could be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Your username for the Services
  • Text or image prompts you input into the Services, or public chats you maintain on the service
  • Your IP address
  • Usage Data
  • Tracking Technologies and Cookies
  • Contact Information
  • Organizational Information like your company title
  • Your Email
  • Cookies
  • Other data that you elect to send to Prompy

2.2 Use of Your Personal Data

Prompy may use Personal Data for the following purposes:

  • To provide, maintain, and improve our Service, including to monitor the usage of our Service.
  • To manage Your account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

2.3 Sharing of Your Personal Data

We may share Your personal information in the following situations:

  • With Service Providers, Third Party Vendors, Consultants, and other Business Partners: We may share Your personal information with these parties in order to provide services on our behalf, monitor and analyze the use of our services, contact You, and for the reasons stated in the Agreement.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.
  • With Law Enforcement: Under certain circumstances, Prompy may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). To the extent we receive a request from Law Enforcement for Your personal data, we will promptly notify You and provide You with a copy of the request unless we are legally prohibited from doing so.
  • With Other Parties in order to:
    • Comply with a legal obligation
    • Protect and defend the rights or property of the Company
    • Prevent or investigate possible wrongdoing in connection with the Service
    • Protect the personal safety of Users of the Service or the public
    • Protect against legal liability

2.4 Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer periods.

2.5 Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.6 Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

3. Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

4. Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party&apo;s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

5. Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

6. Supplemental Terms and Conditions for Certain Regions

Europe

If You are located in the European Economic Area (the “EEA”), Switzerland, or the United Kingdom (the “UK”) Our legal basis for collecting and using the Personal Data described in this Policy will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you.

Prompy may share information internally or with third parties, as further described in this Policy. When we share Personal Data of individuals in the EEA, Switzerland, or UK with third parties, we make use of a variety of legal mechanisms to safeguard the transfer including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate.

Additionally, You have the following data protection rights:

  • You can request access, correction, updates, or deletion of your Personal Data.
  • You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data, or request portability of your Personal Data.
  • If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Data.

In order to exercise Your rights please contact policy@prompy.app.

Terms of Use

Last updated: June 26th, 2024

Welcome to www.prompy.app! Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.prompy.app website (the "Service") operated by.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. 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 basis or annualy.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Prompy cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Prompy customer support team.

A valid payment method, including credit card (using Stripe payment platform), is required to process the payment for your Subscription. You shall provide Prompy 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 Prompy to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Prompy 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.

3. Free Trial

Prompy may, at its sole discretion, offer a Subscription with a free trial – Based on limited access on the Prompy prompts.

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Prompy in the Free Trial.

At any time and without notice, Prompy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

4. Fee Changes

Prompy, 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.

Prompy 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.

5. Refunds

Except when required by law, paid Subscription fees are non-refundable.

6. Content

Our Service allows you to generate prompts and descriptions ("Content"). You are responsible for the Content that you generate using the Service, including its legality, reliability, and appropriateness.

By generating 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 retain any and all of your rights to any Content you generate and you are responsible for protecting those rights. 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.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the generation 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.

7. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate Prompy , a Prompy employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend Prompy or users of the Service or expose them to liability.

8. 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.

9. Limitation of Liability

In no event shall Prompy , 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.

10. 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.

Prompy, 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.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Sao Paulo – Brazil - 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.

12. 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 those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at: hello@prompy.app.