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

• To use the Service, you must create an account by providing a valid email address and password.
• You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

5. Eligibility

• You must be of legal age in your jurisdiction to create an account and use the Service.
• By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

6. Game Mechanics

• Prompt Wars consists of rounds where users compete to create the best text-to-image prompt based on a source image.
• Each round currently lasts 5 minutes, after which a new round begins. However, we reserve the right to change the round duration in the future.
• Participation in rounds requires credits, which can be purchased or earned.
• The source image changes at the start of each new round.
• Currently, prizes are distributed as follows: 70% to the 1st place, 20% to the 2nd place, and 10% to the 3rd place. This distribution may change in the future.
• The total prize pool consists of the credits subscribed to the round by all participants.
• Each user is charged the amount of credits that the round costs.
• We charge a 20% fee on the total round credits. The remaining 80% is credited to the winners' balances and can be withdrawn.

7. Credits and Payments

• Credits can be purchased at a rate of 1 USD per credit.
• We may offer the option to purchase credits using cryptocurrency in the future.
• New users receive 3 free credits upon email confirmation. These free credits are not exchangeable for USD.
• Only purchased credits are exchangeable for USD.
• A minimum balance of 3 credits is required to withdraw USD.
• We currently use Stripe as our payout provider. Stripe charges additional fees for withdrawals.
• We reserve the right to change credit pricing, withdrawal policies, minimum balances, and payment providers at any time without prior notice.

8. AI Models and Image Generation

• Users may choose from a list of available AI models to generate images based on their prompts.
• We are not responsible for the performance, output, or availability of these AI models.
• The AI models are provided by third-party suppliers, including but not limited to Replicate.ai, OpenAI, and Apiframe.pro (unofficial Midjourney provider).
• We reserve the right to add, remove, or modify the available AI models at any time.

9. Image Comparison and Scoring

• We use external image processing libraries and techniques to compare the source image to the resulting images generated by user prompts.
• The comparison process involves analyzing pixels and other image characteristics to determine similarity scores.
• We do not guarantee the accuracy or fairness of the image comparison process and reserve the right to modify our comparison techniques at any time.

10. Content and Liability

• We are not responsible for user-generated content, including prompts and generated images.
• We are not responsible for the content of source images used in the game.
• While NSFW content is generally not generated, we cannot guarantee the absence of such content.
• Users are solely responsible for the prompts they submit and any resulting images.
• We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion.

11. Data Usage and Privacy

• By using the Service, you agree that we may collect, store, and process data related to your account and game activity.
• We may use this data to improve our services and may sell anonymized prompt data to AI providers for model improvement.

12. Intellectual Property

• The Service and its original content, features, and functionality are owned by Prompt Wars and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• Users retain ownership of the prompts they create but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute their prompts for the purposes of operating and improving the Service.
• Users grant us the right to use their usernames and avatars for promotional purposes.

13. Age Restrictions

• Prompt Wars is open to the general public and does not verify the age of users.
• By using the Service, you confirm that you are of legal age in your jurisdiction or have obtained parental consent.
• We are not responsible for verifying the age of users or for any consequences resulting from underage use of the Service.
• We reserve the right to request age verification and terminate accounts of underage users.

14. Limitations of Service

• Some prompts may be rejected by third-party AI providers as NSFW or for other reasons.
• We are not responsible for any errors, rejections, or limitations imposed by third-party AI providers.
• We do not guarantee uninterrupted, secure, or error-free operation of the 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:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content.

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:

• Cheating or attempting to gain an unfair advantage in the game
• Exploiting bugs or glitches in the Service
• Using automated systems or bots to participate in the game
• Harassing, threatening, or abusing other users
• Attempting to access or manipulate our servers or backend systems

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.