Terms of
Service

These Terms of Service ("Terms") are a legally binding agreement between Promptive, Inc. ("Promptive," "we," "us," or "our") and you ("you" or "Subscriber"), governing your access to and use of the platform and services available at getpromptive.ai (the "Service").

Please read these Terms carefully. By creating an account, starting a free trial, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1. Acceptance of Terms

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you confirm that you meet these requirements.

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect (see Section 14). Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

2. Description of Service

Promptive is an AI visibility monitoring platform that enables brands and agencies to:

• Submit tracked prompts to major AI engines (including but not limited to ChatGPT, Claude, Gemini, and Perplexity) and capture their responses
• Monitor whether and how their brand is cited, ranked, or described within AI-generated answers
• Track sentiment, share of voice, competitor positioning, and citation sources across AI engines
• Configure alerts for changes in visibility, sentiment, or rankings
• Access dashboards and reports summarising AI visibility data over time

The Service is provided on a subscription basis following a free trial period. Feature availability varies by subscription plan as described on our Pricing page.

Important: Promptive does not control the outputs of third-party AI engines. AI responses are generated by external systems that may change without notice. We do not guarantee that any particular prompt will result in any particular response, citation, or ranking outcome.

3. Account Registration

To use the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Keep your account credentials confidential and not share them with others
• Notify us immediately at admin@getpromptive.ai if you suspect unauthorised access to your account
• Be responsible for all activity that occurs under your account

Each account is for a single legal entity. Agency and enterprise plans may support multiple users and brands within a single account as described in the applicable plan.

We may suspend or terminate accounts that we have reason to believe are being used fraudulently, in violation of these Terms, or in a way that could harm Promptive or other users.

4. Free Trial and Subscriptions

Free Trial

We offer a 14-day free trial with no credit card required. The trial includes access to a defined set of features as listed on our pricing page. At the end of the trial, access to paid features will be restricted unless you activate a paid subscription.

We reserve the right to limit or discontinue free trial access at any time and to change the features included in the trial.

Paid Subscriptions

Paid subscriptions are billed monthly or annually in advance. By providing payment information and subscribing, you authorise us (or our payment processor, Stripe) to charge your payment method on a recurring basis at the rate in effect at the time of renewal.

Subscription fees are non-refundable except as required by applicable law. If you cancel, your access continues until the end of the current billing period and your account will not be charged for subsequent periods.

Price Changes

We may change subscription prices. For existing subscribers, price changes will take effect at the next renewal following 30 days' notice by email.

Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing cycle.

5. Acceptable Use

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

• Use the Service to violate any applicable law or regulation
• Submit prompts or content that is illegal, defamatory, abusive, or infringes any third party's intellectual property rights
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the Service beyond what is expressly permitted by our API or export features
• Resell, sublicense, or redistribute the Service or its outputs without our prior written consent
• Use the Service to conduct competitive analysis of Promptive for the purpose of building a competing product
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Attempt to gain unauthorised access to any part of the Service or its associated systems
• Use the Service to submit prompts intended to manipulate or exploit third-party AI engine outputs in violation of those providers' terms of service

We reserve the right to investigate suspected violations and to suspend or terminate access to the Service for users who violate these restrictions.

6. Intellectual Property

Promptive's IP

The Service, including its software, design, user interface, algorithms, documentation, and all associated content created by Promptive, is owned by Promptive, Inc. and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any ownership rights in the Service.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes during the term of your subscription and in accordance with these Terms.

Your IP

You retain all ownership rights to the brand names, prompt text, data, and other content you submit or configure within the Service ("Your Content"). You grant Promptive a limited licence to process, store, and transmit Your Content solely as necessary to provide and improve the Service.

We will not use the specific content of your prompts or tracked brand data to train machine learning models or to benchmark the Service against competitors without your separate written consent.

7. Your Data

You are responsible for the accuracy and legality of the data you input into the Service, including brand names, domains, prompt text, and competitor names.

You represent and warrant that you have the right to submit any data you provide to the Service and that doing so will not violate any third party's rights or any applicable law.

For details on how we collect, store, and protect your personal data, see our Privacy Policy.

8. Third-Party Services

The Service integrates with or depends on third-party services, including:

• AI engine APIs (OpenAI, Anthropic, Google, Perplexity) — your prompts are submitted to these providers on your behalf. Their terms of service and privacy policies apply to how they process your prompts.
• Payment processing (Stripe) — payment transactions are subject to Stripe's terms and privacy policy.
• Authentication (Google OAuth) — if you sign in via Google, Google's terms apply.

Promptive is not responsible for the availability, accuracy, or conduct of these third-party services. Links or references to third-party services do not constitute an endorsement.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

Specifically, and without limiting the above:

• We do not warrant that AI engine responses captured by the Service will be accurate, complete, or consistent
• We do not guarantee any particular citation, ranking, or visibility outcome for your brand
• AI engine outputs are inherently variable and may change at any time based on factors outside our control
• We do not warrant that the Service will be available at all times or that it will be free from bugs, errors, or security vulnerabilities

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROMPTIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PROMPTIVE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO PROMPTIVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow certain liability limitations, so the above may not apply to you in full.

11. Indemnification

You agree to indemnify, defend, and hold harmless Promptive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your Content or data submitted to the Service
• Your violation of any applicable law or third party's rights

12. Termination

By You

You may cancel your subscription and close your account at any time by using the account settings or by contacting us at admin@getpromptive.ai. Cancellation takes effect at the end of the current billing period; your access will remain active until then.

By Promptive

We may suspend or terminate your account immediately and without prior notice if:

• You materially breach these Terms and fail to cure the breach within 10 days of notice
• You engage in fraudulent activity or conduct that poses a security risk
• We are required to do so by law
• You engage in any activity that could cause harm to Promptive, the Service, or other users

We may also discontinue the Service entirely upon 60 days' written notice, in which case we will provide a pro-rated refund of any prepaid fees for the unused portion of the subscription period.

Effect of Termination

Upon termination, your licence to use the Service ends immediately. We will retain and then delete your data in accordance with our Privacy Policy. Sections 6, 9, 10, 11, and 13 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Informal Resolution. Before initiating any formal dispute, you agree to first contact us at admin@getpromptive.ai and give us 30 days to attempt to resolve the matter informally.

Arbitration. If the dispute is not resolved informally, any claim arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in English in Delaware. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution will be conducted only on an individual basis and not as a class action, consolidated, or representative proceeding.

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Nothing in this section prevents users in jurisdictions that do not permit mandatory arbitration from pursuing available legal remedies.

14. Changes to These Terms

We may update these Terms periodically. For material changes, we will provide at least 30 days' notice by email to the address on your account and by posting a notice on the platform. The "Last updated" date at the top of this page will reflect the most recent revision.

If you do not agree to the updated Terms, you may cancel your subscription before the new Terms take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. General Provisions

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Promptive regarding the Service and supersede all prior agreements or understandings.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, internet outages, or third-party API failures.
• Notices. Notices from Promptive will be sent to the email address on your account. Legal notices to Promptive must be sent to admin@getpromptive.ai.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Promptive.

Questions about these Terms? Contact us at admin@getpromptive.ai.