1. Agreement

These Terms of Service ("Terms") are an agreement between Promptic GmbH ("Promptic", "we", "us", or "our") and the person or organization that accesses or uses Promptic ("Customer", "you", or "your"). If you use Promptic on behalf of an organization, you represent that you have authority to bind that organization and that the organization is responsible for your use.

Promptic is offered exclusively to customers acting in the course of their trade, business, or independent profession (entrepreneurs within Section 14 BGB), and to legal persons under public law. Individuals may use the service in that business capacity or as authorized users of an eligible organization. Private consumer use within Section 13 BGB is excluded, including private study, research, or leisure use. This applies to Free, Team, and Business plans. By signing up, you confirm that the contracting Customer meets these requirements and agree to these Terms.

You may use Promptic only if you are legally capable of entering into these Terms. If you use Promptic for an organization, you must be authorized to act for that organization. If a signed order form, master services agreement, data processing agreement, or other written agreement between Promptic and Customer expressly conflicts with these Terms, the written agreement controls for that Customer to the extent of the conflict.

2. Service

Promptic provides software for prompt optimization, AI evaluation, experiment management, tracing, observability, collaboration, and related workflows. We may add, change, suspend, or discontinue features as the service evolves, provided that we do not materially reduce core paid functionality during an active paid subscription without a reasonable transition path.

3. Accounts and organizations

• You must provide accurate account, organization, billing, and contact information.
• You are responsible for maintaining the confidentiality of credentials and API keys.
• You are responsible for all activity under your account, organization, AI applications, API keys, and integrations.
• Organization admins are responsible for assigning roles, removing former users, and managing AI application access.
• You must notify Promptic promptly if you suspect unauthorized access or compromise.
• You may not sell, rent, share, transfer, or sublicense account access, API keys, or AI application access except to authorized users within your organization.

4. Customer content

"Customer Content" means prompts, chat messages, input variables, datasets, observations, expected outputs, schemas, traces, spans, events, metadata, files, feedback, evaluations, model inputs and outputs, and other content submitted to or generated through Promptic.

You retain ownership of Customer Content. You grant Promptic a limited, worldwide, non-exclusive right to host, process, transmit, display, copy, analyze, and use Customer Content only as needed to provide, secure, support, maintain, and improve the reliability, performance, security, and usability of Promptic, comply with law, and enforce these Terms. Promptic does not use Customer Content to train foundation models or build generalized model datasets unless separately agreed in writing.

• You must have all rights, permissions, notices, and legal bases needed to submit and process Customer Content through Promptic.
• You must not submit special category data, criminal-offence data, protected health information, payment card numbers, government identifiers, secrets, or other highly sensitive data unless Promptic has expressly agreed to that use in writing.
• You are responsible for reviewing model outputs and deciding whether they are suitable for your use case.

5. AI processing and model providers

Promptic may send Customer Content to AI model providers selected or configured for an AI application, experiment, evaluation, trace analysis, or other AI feature. Platform OpenAI processing uses Promptic's OpenAI project configured for Europe and OpenAI API data controls, including no default training on API inputs and outputs and Modified Abuse Monitoring for eligible API processing. Other Platform Models use Vercel AI Gateway routes with prompt-training prohibition on every request. EU routes enforce zero data retention. US and Global routes prefer zero data retention but may allow provider retention when no eligible ZDR route is available. EU and US routes pin provider inference to the selected region, while Global routes may be processed in any available region. Other EU models may use regional Amazon Bedrock Mantle routes selected and operated by Promptic.

If you enable optional OpenRouter routing, configure your own API key, Google, Azure OpenAI, custom OpenAI-compatible endpoint, or another provider, you instruct Promptic to send Customer Content to that provider for the selected model operation. You are responsible for assessing whether the selected route is suitable for your data. For providers contracted directly by Customer, Customer manages that provider relationship. Providers engaged by Promptic, including platform-managed optional routing, remain subject to Promptic's subprocessor obligations under the DPA. Enabling a route does not waive those obligations.

6. Acceptable use

You must not use Promptic to:

• Violate law, third-party rights, privacy rights, intellectual property rights, or contractual obligations.
• Attempt unauthorized access, probing, scanning, scraping, credential abuse, or security testing without written permission.
• Upload malware, exploit code, malicious payloads, or content designed to disrupt systems.
• Overload, interfere with, reverse engineer, or bypass limits of the service.
• Resell, white-label, benchmark for competitive purposes, or use Promptic to build a competing product without written permission.
• Remove attribution, obscure source identifiers, or misrepresent Promptic-generated outputs as independently verified, legally approved, or production-safe without your own review.
• Use Promptic for unlawful surveillance, biometric identification, social scoring, or other prohibited AI uses.
• Submit data you are not permitted to process or transmit to selected AI providers.
• Use outputs as the sole basis for legal, medical, financial, employment, housing, credit, insurance, or similarly significant decisions about individuals.

7. APIs, rate limits, and integrations

Promptic may provide APIs, tracing endpoints, API keys, webhooks, SDKs, command-line tools, or integration features. You must use them only as documented and only for your authorized account, organization, or AI application.

• Promptic may apply rate limits, quota limits, spending limits, abuse controls, and technical restrictions to protect reliability, security, and cost controls.
• You may not share API keys with unauthorized parties, embed secret keys in client-side code, or use API credentials to access data outside your authorization.
• You are responsible for third-party integrations, customer-configured model providers, API keys, service accounts, webhooks, and automation that you configure or instruct Promptic to use.
• Promptic may suspend or throttle integrations, API calls, jobs, or traces that create security, legal, abuse, availability, or excessive-cost risk.

8. Billing and payments

Paid plans, usage-based charges, credits, spending limits, taxes, payment methods, subscriptions, invoices, and customer portal operations are handled through Stripe and Promptic's billing systems. You authorize Promptic and Stripe to charge the applicable payment method for fees, taxes, usage, and renewals associated with your account or organization.

9. Privacy, DPA, and security

Promptic processes personal data as described in the Privacy Policy, Cookie Notice, Subprocessors, and Security and TOMs pages. If Promptic processes Customer Personal Data as a processor or sub-processor, the Data Processing Addendum applies to that processing.

10. Intellectual property

Promptic and its licensors own the service, software, documentation, website, designs, trademarks, and all related intellectual property. Except for the rights expressly granted in these Terms, no rights are transferred to you.

You may provide feedback or suggestions. Promptic may use feedback without restriction or obligation, provided that we do not disclose your confidential information or Customer Content contrary to these Terms.

11. Confidentiality

Each party may receive non-public information from the other party. The receiving party will use confidential information only to perform under these Terms, protect it using reasonable care, and disclose it only to personnel, advisors, contractors, and service providers who need to know and are bound by confidentiality obligations. Confidentiality obligations do not apply to information that is public, independently developed, already known without restriction, or lawfully received from a third party.

12. Third-party services

Promptic integrates with third-party services, including AI model providers, OAuth providers, email services, monitoring providers, hosting providers, databases, storage, and Stripe. Customer-contracted third-party services are governed by Customer's agreement with that provider. Promptic remains responsible for its own integration obligations and for suppliers it engages to perform its contractual obligations, subject to Section 15 and the DPA. Customer selection of a Promptic-provided model does not exclude that responsibility.

13. Availability, maintenance, and force majeure

Promptic aims to provide a reliable service, but we do not offer a service-level agreement unless it is included in a signed order form or written agreement. The service may be unavailable, delayed, degraded, or interrupted because of maintenance, deployments, security work, abuse prevention, capacity limits, customer configuration, third-party provider outages, model-provider errors, network failures, force majeure events, legal requirements, or circumstances outside Promptic's reasonable control.

Responsibility for interruptions depends on their cause and the applicable contractual obligations. A third-party outage does not by itself exclude Promptic's responsibility for suppliers it engages, reasonable resilience measures, or incident handling. Section 15 governs liability; mandatory customer remedies remain unaffected.

14. Disclaimers

Promptic will provide the agreed service with reasonable skill and care. Statutory rights for defects and the agreed functionality remain unaffected. We do not guarantee that the service is uninterrupted, error-free, secure against all threats, or suitable for every use case. AI outputs may be inaccurate, incomplete, biased, unsafe, or unsuitable. You are responsible for human review and for decisions made using the service.

15. Liability

Nothing in these Terms limits liability where limitation is not permitted by law, including liability for intent, gross negligence, injury to life, body, or health, mandatory product liability, guarantees expressly assumed, or fraudulent concealment of a defect. For slight negligence, Promptic is liable only for breaches of material contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance Customer may regularly rely; in that case, liability is limited to typical, foreseeable damages. This includes lost profits, data-restoration costs, and business-interruption losses where they are typical and foreseeable consequences of the relevant breach. Liability for other slightly negligent breaches is excluded.

No subscription-fee cap or fixed monetary cap limits the liability preserved above. Mandatory rights of data subjects, including under Article 82 GDPR, and Promptic's responsibility for its subprocessors remain unaffected.

16. Customer indemnity

Customer will reimburse reasonable, necessary defense costs and amounts finally awarded or settled with Customer's approval for third-party claims caused by Customer's culpable breach of these Terms or infringement of third-party rights. Mere allegations, lawful use of the service, and unauthorized access not attributable to Customer do not alone trigger this obligation. Administrative fines and penalties are excluded. Any contribution by Promptic or its suppliers will be taken into account. Promptic will promptly notify Customer, mitigate losses, and allow Customer to participate in the defense. Neither party may settle a claim imposing obligations on the other without that party's consent, which will not be unreasonably withheld.

17. Suspension and termination

You may stop using Promptic at any time. Promptic may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay fees, use the service unlawfully, or if suspension is needed to protect Promptic, users, customers, or third parties. After termination, Promptic will delete or retain data as described in the Privacy Policy and DPA.

Where practical and lawful, Promptic will provide reasonable notice before suspending or terminating paid services for non-payment or ordinary breach. Promptic may suspend immediately where needed to address security risk, unlawful use, service abuse, third-party provider requirements, or material risk to Promptic, customers, users, or others.

Customer may request an export before termination or through support afterwards. Disabling account access does not remove the return and deletion rights in the DPA. Customer Personal Data is returned or deleted at Customer's choice under the DPA; independently required accounting and legal records are retained separately for their applicable purposes and periods.

18. Changes

We will notify existing customers directly of proposed material changes at least 30 days before their proposed effective date. Changes to core contractual obligations require Customer's express agreement; silence or continued use alone does not constitute that agreement. Until agreement, the previously agreed Terms continue to apply, subject to mandatory law and any lawful termination rights. Editorial corrections do not change agreed rights. Price changes follow Section 8. Earlier versions are available on request.

19. Governing law and venue

These Terms are governed by the laws of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the courts of Frankfurt am Main, Germany have jurisdiction.

20. Miscellaneous

These Terms, together with the Privacy Policy, DPA where applicable, order forms, and any written agreement that expressly applies, are the entire agreement for the service. If any provision is unenforceable, the remaining provisions remain in effect. A party's failure to enforce a provision is not a waiver. Customer may not assign these Terms without Promptic's prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets if the assignee agrees to these Terms and is not a competitor of Promptic. Promptic may assign these Terms in connection with a merger, reorganization, sale of assets, financing, or change of control.

21. Contact

Questions about these Terms can be sent to hello@promptic.eu.