Terms of Use
Last updated: [DATE]
Effective date: [DATE]
These Terms of Use (“Terms”) are a binding agreement between you (“you” or “User”) and [COMPANY NAME], a [STATE/COUNTRY] [ENTITY TYPE] (“Company,” “we,” “us,” or “our”), governing your access to and use of the website a21e.com, the a21e API, and any related services (collectively, the “Service”). By creating an account, using the Service, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Service.
1. Definitions
- “API” means the application programming interface made available by us for programmatic access to prompt content and related functionality.
- “Content” means any text, data, or materials you submit to the Service (including prompts, descriptions, and profile information).
- “Creator” means a User who publishes prompts or other Content on the Service for delivery via the API.
- “Credits” means the usage units consumed when prompt content is delivered via the API under your account or API key.
- “Prompt” means a prompt (including system prompts, templates, or similar) that a Creator publishes on the Service and that we host and deliver via the API.
- “Subscriber” means a User who uses the API (e.g., with an API key) to request and receive prompt content, and who consumes Credits in doing so.
2. Eligibility and account
- You must be at least 18 years old and able to form a binding contract to use the Service.
- You are responsible for the accuracy of your account information and for keeping your credentials and API keys confidential. You must notify us promptly of any unauthorized use.
- One person or legal entity may not maintain more than one free account for the purpose of evading limits or fees; we may suspend or terminate duplicate accounts.
3. Use of the Service
- You will use the Service only in compliance with these Terms and all applicable laws and regulations.
- You will not: (a) resell, redistribute, or sublicense prompt content obtained via the API in raw form to third parties (e.g., republishing prompt text in a public repository or product without our and the Creator’s permission); (b) use the Service to build a product that substantially replicates our marketplace or API; (c) circumvent access controls, rate limits, or billing; (d) probe or attack the security or availability of the Service; (e) use the Service for any illegal or harmful purpose; or (f) scrape or bulk-download content beyond normal API use.
- We may impose reasonable rate limits and usage policies. We will use commercially reasonable efforts to make the Service available but do not guarantee uninterrupted access.
4. Creator terms (if you publish prompts)
- License grant to us. By submitting Content (including Prompts) to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and deliver that Content via the Service and API, and to use it for operating, improving, and promoting the Service (e.g., displaying titles, descriptions, and Creator attribution). This license continues for the duration we make the Content available on the Service and for a reasonable period thereafter for backup and legal compliance.
- Your representations. You represent and warrant that: (a) you own or have the necessary rights to grant the license above; (b) your Content does not infringe any third party’s intellectual property or other rights; and (c) your Content does not violate any law or these Terms.
- Revenue share. If we offer a revenue-share or payout program for Creators, the terms of that program (including percentage, timing, and eligibility) will be described in a separate policy or dashboard. Participation may require additional agreements (e.g., tax forms, Stripe Connect). We may modify or discontinue such programs with reasonable notice.
- Removal. You may remove your Content from the Service in accordance with our tools and policies. Removal does not affect rights already granted for use that occurred before removal (e.g., cached or previously delivered content).
5. Subscriber terms (API and Credits)
- API key. Access to the API may require an API key. You are responsible for keeping your API key secret. Use of the API under your key is deemed use by you.
- Credits. Delivery of prompt content via the API consumes Credits as described in the Service. Credits are non-refundable except as required by law or as we explicitly agree in writing. We may change Credit pricing or allocation with reasonable notice to active Subscribers.
- No redistribution. You may not redistribute prompt content obtained via the API in a manner that allows third parties to extract or reuse the underlying prompt text (e.g., public repos, public APIs, or products that expose prompt text). Use within your own systems, agents, or applications for your intended use case is permitted.
- Attribution. Where reasonably practicable, you should attribute Creators when using their prompts (e.g., in logs or internal documentation). We do not require public attribution unless we or the Creator state otherwise.
6. Payment and billing
- Fees for subscriptions, Credits, or other paid features are described on the Service or in separate order flows. By purchasing, you agree to pay the applicable fees.
- Recurring subscriptions renew automatically until cancelled. You may cancel in accordance with our cancellation process (e.g., via account settings or Stripe Customer Portal). Refunds are at our discretion unless otherwise required by law.
- All fees are in the currency stated and exclude applicable taxes. You are responsible for any taxes (other than our income taxes).
7. Intellectual property
- We and our licensors own all right, title, and interest in the Service (including the platform, API, design, and our trademarks). These Terms do not grant you any right to our intellectual property except the limited right to use the Service as described.
- Your Content remains yours subject to the license you grant to us in Section 4 (for Creators). We do not claim ownership of your Content beyond that license.
8. Privacy
- Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to that policy. If you do not have a Privacy Policy yet, we will treat personal data in accordance with these Terms and applicable data protection laws (e.g., use only for providing and improving the Service, and not sell personal data for third-party marketing without consent).
9. Disclaimers
- “As is.” THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- No guarantee of results. We do not guarantee that the Service or any prompt will achieve any particular result. Creators are solely responsible for their Content; we do not endorse or verify Content.
- Third-party content. Prompt content is provided by Creators. We are not responsible for the accuracy, legality, or quality of third-party Content. Your use of Content is at your own risk.
10. Limitation of liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
- Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the maximum extent permitted by law.
11. Indemnity
You will indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your Content or your breach of Section 4 (Creator representations); (c) your violation of these Terms or any law; or (d) any dispute between you and a third party relating to the Service or your Content. We will notify you of any such claim and cooperate with you in the defense at your expense.
12. Termination
- By you. You may stop using the Service and close your account at any time via account settings or by contacting us.
- By us. We may suspend or terminate your access or account if you breach these Terms, for our convenience with reasonable notice, or to comply with law. We may suspend immediately for serious violations (e.g., fraud, abuse, illegal use).
- Effect. On termination, your right to use the Service ceases. Sections that by their nature should survive (including 4–5 to the extent of prior use, 7–12) will survive. We may retain and use your Content as necessary for backup, legal compliance, and enforcement.
13. Changes to the Terms
We may modify these Terms from time to time. We will post the updated Terms on the Service and update the “Last updated” date. For material changes, we will provide notice (e.g., by email or in-product notice) at least thirty (30) days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may close your account before the effective date.
14. General
- Entire agreement. These Terms, together with our Privacy Policy and any order or program terms we reference, constitute the entire agreement between you and us regarding the Service and supersede prior agreements.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
- Waiver. Our failure to enforce any right or provision does not waive that right or provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No agency. Nothing in these Terms creates an agency, partnership, or employment relationship between you and us.
15. Governing law and dispute resolution
- Governing law. These Terms are governed by the laws of the State of [STATE], United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- Jurisdiction and venue. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you consent to personal jurisdiction and venue in those courts.
- Alternative: arbitration. [OPTIONAL: Instead of the above, you and we agree that any dispute will be resolved by binding arbitration administered by [JAMS/AAA] under its [Commercial] rules, and the arbitrator’s award may be entered in any court of competent jurisdiction. You waive the right to a jury trial and to participate in a class action. Either party may seek injunctive relief in court for misuse of intellectual property or confidential information.]
16. Contact
For questions about these Terms or the Service, contact us at:
[COMPANY NAME]
[ADDRESS]
Email: [LEGAL/SUPPORT EMAIL]
Placeholders to replace before publication: [DATE], [COMPANY NAME], [STATE/COUNTRY], [ENTITY TYPE], [STATE], [COUNTY], [ADDRESS], [LEGAL/SUPPORT EMAIL]. Optional: choose jurisdiction/arbitration (Section 15) with legal counsel.
Publishing on the site: The web app serves these Terms at /terms by reading docs/TERMS_OF_USE.md at build/run time (from repo root or ../../docs). For production builds that run from apps/web only, copy this file into the web app (e.g. apps/web/public/terms.md and update the terms page to read from it) or ensure the build context includes docs/.