Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Prototypical LLC, a South Carolina limited liability company doing business as ProtoPal (“ProtoPal,” “we,” “us,” or “our”). They govern your access to and use of protopal.ai, app.protopal.ai, our related websites, applications, text-messaging programs, APIs, and the websites, content, and other services we generate, host, or provide for you (collectively, the “Services”).

By creating an account, clicking to accept, sending us a text message, or accessing or using any part of the Services, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and, if you use our messaging programs, our SMS Terms, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

These Terms contain an arbitration agreement, a class-action waiver, and a jury-trial waiver (Section 17), and limitations on our liability (Section 15). Please read them carefully.

• You must be at least 18 years old and able to form a binding contract to use the Services.
• If you use the Services on behalf of a business or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.
• You may not use the Services if you are barred from doing so under applicable law, including U.S. export-control and sanctions laws.

ProtoPal uses artificial-intelligence systems, including large language models operated by third-party providers, to generate, edit, and publish websites and related content based on the information you provide, information you direct us to use, and publicly available information about your business.

You acknowledge and agree that:

• AI output is probabilistic. Generated text, images, layouts, code, and other output (“Output”) may be inaccurate, incomplete, out of date, or otherwise flawed, and may resemble output generated for other customers. We do not guarantee that Output is unique, error-free, or fit for any particular purpose.
• You are the publisher. You are solely responsible for reviewing all Output before publishing it and for everything that appears on any site we build, host, or edit for you — including its accuracy, legality, and compliance with rules that apply to your industry (for example health, financial, legal, food-safety, alcohol, professional-licensing, accessibility, and advertising rules).
• No professional advice. The Services and all Output are provided for general informational and commercial purposes and are not legal, medical, mental-health, financial, tax, or other professional advice.
• Automated systems. When you interact with the Services — including by chat, text message, or the in-product assistant — you may be interacting with an automated AI system rather than a human.

The Services are not designed for, and must not be relied on for, emergencies, crisis response, or medical or mental-health care. Our automated systems are not capable of providing help in an emergency.

If you or someone else may be in danger or experiencing a mental-health crisis, do not use the Services to seek help. In the United States, call or text 988 (Suicide & Crisis Lifeline) or call 911. Outside the United States, contact your local emergency number or a local crisis line. We may surface crisis resources, decline to respond, or take other protective measures if content submitted to the Services suggests a risk of harm to any person, but we assume no duty to monitor for, detect, or respond to any such content.

• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for all activity under your account and for keeping your credentials, sign-in links, and connected phone numbers and email addresses secure. Notify us immediately at dev@prototypical.ai of any unauthorized use.
• We may suspend, throttle, reclaim, or terminate accounts, subdomains, and sites as described in these Terms, and may refuse registration or reassign identifiers (including subdomains) at our reasonable discretion.

• Pricing. Current plans, prices, usage allowances, and metered features are described at protopal.ai/pricing or in the product at the time of purchase. We may change prices, plan contents, free tiers, usage limits, and metering prospectively at any time; changes take effect at your next billing cycle or as otherwise stated when announced.
• Auto-renewal. Paid subscriptions renew automatically and your payment method is charged in advance each billing period until you cancel. You can cancel at any time, effective at the end of the current billing period.
• Payment processing. Payments are processed by third-party processors (such as Stripe). Your use of their services is subject to their terms, and we do not store full payment-card numbers.
• Refunds. Except where required by law or expressly stated otherwise, all fees are non-refundable and there are no refunds or credits for partial billing periods, unused allowances, downgrades, or accounts closed for violating these Terms. We may, at our sole discretion, issue refunds or credits for billing errors, duplicate charges, or verified unauthorized charges — contact dev@prototypical.ai within 30 days of the charge.
• Trials and promotions. Free trials, free tiers, and promotional offers are provided at our discretion, may be modified or withdrawn at any time, and convert to paid plans only as stated in the offer.
• Chargebacks. Please contact us before disputing a charge. If you initiate a chargeback that we reasonably believe is unjustified, we may suspend or terminate the Services and recover the disputed amounts and associated costs.
• Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes other than taxes on our income.

“Your Content” means everything you (or anyone acting for you) submit to or make available through the Services — text, images, logos, menus, product and service information, prompts, messages, feedback from your customers, and content you direct us to import.

• You keep ownership. As between you and us, you retain all rights you hold in Your Content.
• License to us. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, cache, reproduce, adapt, modify, translate, publish, publicly display, publicly perform, distribute, and create derivative works of Your Content, and to allow our service providers to do the same on our behalf, for the purposes of operating, providing, securing, supporting, promoting, developing, and improving the Services (including our AI and automated systems). This license survives termination to the extent needed for backups, archives, legal compliance, dispute resolution, and content already distributed (for example, cached or syndicated copies of published sites).
• Showcase. You grant us the right to identify you as a customer and to display sites we built for you (including your name, logo, and screenshots) in our marketing and portfolios. You may opt out by emailing dev@prototypical.ai.
• Warranty. You represent that you own or have all rights necessary in Your Content and that our use of it as described here will not infringe or violate any third-party right or any law.

• Output. Subject to these Terms and to the intellectual-property rights of others, we assign to you our transferable rights, if any, in the site content generated specifically for you, effective when you have paid all fees due. Because AI output may not be protectable and may resemble other output, we do not warrant that you will hold enforceable exclusive rights in any Output.
• Our property. We and our licensors retain all rights in the Services and everything used to provide them — software, models, prompts and prompt architectures, templates, component systems, designs, infrastructure, documentation, our marks and branding, and all improvements — and in aggregated or de-identified data as described in the Privacy Policy. No rights are granted to you except as expressly stated in these Terms.
• Feedback. If you give us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

Your use of the Services must comply with our Acceptable Use Policy. In addition, you may not (and may not permit anyone else to):

• reverse engineer, decompile, or attempt to extract the source code, models, prompts, or non-public parts of the Services;
• access the Services by automated means (bots, scrapers, crawlers) or harvest data from them, except via interfaces we expressly provide and public search-engine indexing of published marketing pages;
• use the Services or Output to develop or train competing products, machine-learning models, or datasets;
• probe, scan, overload, or test the vulnerability of the Services, or circumvent any security, rate-limiting, metering, or access control;
• resell, sublicense, or provide the Services to third parties as a service bureau without our written agreement;
• attempt to manipulate, jailbreak, or misuse our AI systems, including to generate content prohibited by the Acceptable Use Policy;
• misrepresent AI-generated content as human-created where the law requires disclosure, or use the Services to deceive.

If you provide a mobile number, text us, or enroll in our messaging programs, the SMS Terms apply. Message frequency varies; message and data rates may apply; reply STOP to cancel and HELP for help. Consent to receive marketing texts is not a condition of purchase.

The Services interoperate with third-party services — for example Google sign-in and business data, payment processors, telecom carriers, hosting and content-delivery providers, email providers, and AI model providers. Third-party services are governed by their own terms, we are not responsible for them, and they may change or become unavailable at any time. Published sites may contain links or embeds you configure; you are responsible for those.

We respond to notices that comply with the Digital Millennium Copyright Act. If you believe content hosted through the Services infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at dev@prototypical.ai (subject line “DMCA Notice”), or by mail to Prototypical LLC, South Carolina, United States. We may remove or disable access to allegedly infringing material, forward notices to the affected user, accept counter-notifications under § 512(g), and we terminate the accounts of repeat infringers in appropriate circumstances.

• By you. You may stop using the Services and cancel your account at any time.
• By us. We may suspend, limit, or terminate the Services or your account, remove or unpublish content, and decline to provide the Services to anyone, at any time, with or without notice, including for violations of these Terms, non-payment, legal risk, security risk, or discontinuation of the Services or any feature.
• Effect. On termination your right to use the Services ends and your published sites may be taken offline. Export anything you want to keep before cancelling. After termination we may delete or retain Your Content and account data at our discretion, consistent with the Privacy Policy; we have no obligation to store, return, or provide copies of any content or data, and no liability for deletion.
• Survival. Sections that by their nature should survive (including licenses needed for retained copies, fees owed, Sections 7, 8, and 14–19) survive termination.

The Services and all Output are provided “as is” and “as available,” with all faults. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or trade usage.

Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, secure, or error-free; that sites will achieve any level of traffic, search ranking, conversions, or revenue; that Output will be accurate, lawful for your use, unique, or free of third-party rights; or that data (including backups) will not be lost. Beta, preview, and free features are provided without any commitment. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or business opportunity, even if advised of the possibility; and (b) our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid us in the twelve (12) months before the event giving rise to the claim or one hundred U.S. dollars (US$100).

These limits apply to all claims and theories of liability and are a fundamental basis of the bargain between you and us. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You will defend, indemnify, and hold harmless Prototypical LLC and its members, managers, officers, employees, and agents from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: Your Content; sites and messages published or sent for you or at your direction; your use of the Services or Output; your products, services, and dealings with your customers; your violation of these Terms or of any law or third-party right; or any dispute between you and any third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

• Informal resolution first. Before filing a claim, you agree to email dev@prototypical.ai with a description of the dispute and give us 30 days to resolve it informally.
• Binding arbitration. Except as stated below, any dispute arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. The Federal Arbitration Act governs this section. The seat of arbitration is South Carolina, and hearings may be conducted remotely.
• Class-action and jury waiver. All disputes must be brought on an individual basis only. You and we each waive any right to a jury trial and any right to participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.
• Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Services.
• Opt-out. You may opt out of this arbitration agreement by emailing dev@prototypical.ai within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out.
• Claims deadline. To the extent permitted by law, any claim must be filed within one (1) year after it accrues or it is permanently barred.

These Terms are governed by the laws of the State of South Carolina and applicable U.S. federal law, without regard to conflict-of-laws rules. For disputes not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in South Carolina.

• Changes to the Services and these Terms. We may modify, suspend, or discontinue any part of the Services at any time. We may update these Terms from time to time; the updated version takes effect when posted (or on a stated effective date), and for material changes we will provide reasonable notice, such as by email or in-product notice. Continued use after changes take effect constitutes acceptance.
• Notices. We may give notices to the email address or phone number on your account or through the Services; legal notices to us must be sent to dev@prototypical.ai.
• Assignment. You may not assign these Terms without our written consent; we may assign them freely, including in a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers, carriers, and AI model providers.
• Entire agreement; severability; no waiver. These Terms (with the policies they incorporate and any order or plan terms) are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Export and government use. You may not use or export the Services in violation of U.S. export laws. The Services are commercial computer software for purposes of government acquisition regulations.

Prototypical LLC (d/b/a ProtoPal), South Carolina, United States. Questions about these Terms: dev@prototypical.ai.