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Terms and Conditions

Last Updated: August 23, 2024

1. Introduction

Welcome to Prompt Wars ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Prompt Wars service, including our website located at promptwars.xyz, and any other software, tools, features, or functionalities provided on or in connection with our services (collectively, the "Service"). Please read these Terms carefully before using the Service.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Service.

3. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

4. Account Creation and Security

5. Eligibility

6. Game Mechanics

7. Credits and Payments

8. AI Models and Image Generation

9. Image Comparison and Scoring

10. Content and Liability

11. Data Usage and Privacy

12. Intellectual Property

13. Age Restrictions

14. Limitations of Service

15. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Prompt Wars shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

In no event shall our total liability to you for all damages exceed the amount you have paid to Prompt Wars in the last six months, or $100 if you haven't made any payments.

17. Indemnification

You agree to defend, indemnify, and hold harmless Prompt Wars and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Mexico, Mexico City, without regard to its conflict of law provisions.

19. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Mexico City. The arbitration shall be conducted in accordance with the rules of the Mexican Arbitration Center (CAM). The parties agree to mutually select an arbitrator or arbitration service in good faith should a dispute arise.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. If the provision cannot be modified, the parties shall negotiate in good faith to replace it with an enforceable provision that achieves the same objective.

21. Entire Agreement

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.

22. User Conduct

The following activities are strictly prohibited:

23. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

24. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

25. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Service.

26. Refund Policy

We do not offer refunds for purchased credits or any other payments made to Prompt Wars.

27. Updates and Notifications

We may provide notices to you via email, regular mail, text message, push notifications, posting on the Service, or other reasonable means. You consent to receive electronic communications from us.

28. Account Inactivity

If your account is inactive for more than 12 months, we reserve the right to close your account and forfeit any unused credits.

29. Data Retention

We retain user data for 1 year after account closure. After this period, all personal data will be deleted or anonymized.

30. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Prompt Wars. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

31. Assignment

We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

32. Waiver

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.

33. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

34. Feedback

Any feedback, comments, ideas, improvements or suggestions provided by you to Prompt Wars with respect to the Service shall remain the sole and exclusive property of Prompt Wars.

35. Language

The controlling language of these Terms is English. Any translation is provided for convenience only.

36. Survival

The following sections will survive any termination of these Terms: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provision that by its nature should survive termination.

37. Contact Information

For any questions about these Terms, please contact us at info@promptwars.xyz.

By using Prompt Wars, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.