Terms of Service

PromptIbis — Terms of Service (Switzerland)

1. Who we are and how these Terms work

These Terms of Service ("Terms") are a binding agreement between Superstellar LLC, a company incorporated in Switzerland with registered office at c/o Gotham MY Sàrl, Avenue de la Gare 46b, CH-1920 Martigny (together with its affiliates, "PromptIbis", "we", "us" or "our"), and the individual or legal entity who creates an account or otherwise uses the Service ("you" or "Customer").

By clicking accept, creating an account, or using the Service, you agree to these Terms and to our Privacy Policy (incorporated by reference). If you do not agree, do not use the Service. The Service is described on our website, including organization by tags, variable placeholders, copy history, PRO team features, and optional encryption features.

2. Definitions

• Account means your registered profile on the Service.
• Prompt(s) or User Content means text you upload/store (including titles, tags, variables, copy history and usage metadata associated with your content).
• Team means a PRO workspace with multiple users.
• Encryption Features means optional encryption capabilities exposed in the product (e.g., for Team prompts and personal prompts), as available from time to time.

3. The Service

PromptIbis is a cloud‑based prompt management tool that lets you store, organize, tag, and copy prompts, manage variables (e.g., {{placeholders}}), keep copy history, and—on PRO—collaborate in Teams and enable encryption. We do not generate or host AI outputs; we primarily store your prompts and associated metadata for use with third‑party AI tools.

Important: We may improve, update, or modify features from time to time (including introducing limits, deprecating features, or releasing beta/experimental features).

4. Eligibility & accounts

You must be at least 16 to use the Service. Keep your credentials confidential; you are responsible for all activities under your Account, including those performed by invited Team members.

5. Your Content (prompts) — ownership, license, responsibility

5.1 Ownership

You retain all intellectual‑property rights in your Prompts. We claim no ownership.

5.2 Limited license to operate the Service

You grant us a worldwide, non‑exclusive, royalty‑free license to host, store, transmit, back up, and display your Prompts solely to provide and support the Service (and to create aggregated or de‑identified analytics that do not identify you or your Prompts).

5.3 Responsibility for Prompts

You—and not PromptIbis—are solely responsible for (a) the content, accuracy, and legality of your Prompts (including any personal data you include) and (b) ensuring you have the rights to store and share them. We do not pre‑screen Prompts and are not responsible for them, but we may remove or disable access to any content in our discretion where we reasonably believe it violates these Terms or law or is requested by competent authorities. (See Notice & Takedown, Annex C.)

5.4 Prohibited content/use (Acceptable Use Policy)

You must not use the Service for any illegal purpose or to store/share content that is illegal, infringing, fraudulent, deceptive, defamatory, harassing, hateful, or that violates privacy, data‑protection, export, sanctions, or cyber‑security laws; deploy malware; attempt to gain unauthorized access; or reverse‑engineer, stress‑test, or scrape the Service except as permitted by law. A detailed AUP is set out in Annex A and forms part of these Terms.

5.5 Sensitive and regulated data

Do not upload Prompts containing special categories of personal data (e.g., health, biometric, children’s data) or regulated data (e.g., payment card data, government ID numbers) unless you have a lawful basis, necessary notices/consents, and your plan explicitly supports such processing under a separate DPA (Annex B). You are responsible for minimization and lawful processing under applicable data‑protection laws, including Switzerland’s nFADP and, where applicable, the GDPR.

6. Teams, roles and encryption

6.1 Teams & invitations

On PRO, Team owners can invite members (invites expire after 7 days). Owners can manage roles and, where available, enable Team‑wide encryption. Team prompts are visible to Team members with access. If a PRO subscription ends: teams you own may be deleted; prompts you created in a team may become personal prompts; and prompts created by others may become inaccessible unless and until PRO access is restored or you retain team membership under another owner.

6.2 Encryption Features and key management

Encryption features (including encryption at rest, and any future client‑side encryption) are optional and may limit search functionality (e.g., search by title/tags only). You are solely responsible for key/password management. If you lose keys or disable encryption incorrectly, your data may become unrecoverable and we cannot restore it. Encryption reduces—but does not eliminate—security risks.

7. Third‑party services and infrastructure

We rely on reputable providers for hosting, authentication and analytics (currently including Auth0 (by Okta), MongoDB Atlas, Vercel and Stripe as disclosed in our Privacy Policy). These are independent services with their own terms and privacy policies. We are not responsible for third‑party services; your use of third‑party tools (e.g., AI assistants) is separate and at your own risk.

8. Plans, billing & seats (PRO)

8.1 Plans and pricing

We may offer Free and PRO plans (with seat‑based or tiered pricing). Prices and features are listed on the Pricing page and may change prospectively.

8.2 Subscriptions

Subscriptions auto‑renew for the same term unless cancelled effective at the end of the current period. We may prorate seat increases mid‑term. All fees are non‑refundable except where required by mandatory law.

8.3 Taxes

Fees are exclusive of taxes unless stated. You are responsible for VAT/GST or other indirect taxes as applicable.

8.4 Payment processor

Payments are handled by Stripe; you authorize us and our payment processor to charge your payment method for subscription fees and renewals.

9. Data protection & privacy

We process personal data as a controller for account/Service data and, where we process Customer personal data on your instructions (e.g., within Team prompts), we act as a processor under the DPA (Annex B). Our Privacy Policy explains our processing, legal bases and your rights. International transfers outside Switzerland/EU/UK, where applicable, rely on recognized safeguards such as the EU SCCs (2021/914) and Switzerland/UK‑appropriate addenda.

10. Support, availability & changes

We strive to keep the Service reliable, but availability is not guaranteed and maintenance/outages may occur. We may modify or discontinue features; if we make material adverse changes, we will provide reasonable notice where feasible.

11. Beta / experimental features

We may offer previews, betas or labs features. They are provided “AS IS”, may be withdrawn at any time, and are excluded from any support or SLA.

12. Feedback

If you provide ideas or suggestions, you grant us a perpetual, worldwide, royalty‑free license to use them without restriction.

13. Security allocation & data‑loss risk (prompts)

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, PromptIbis disclaims responsibility and will not be liable for any loss, leak, disclosure, alteration, corruption, destruction, unavailability, or inaccessibility of Prompts arising from or related to (a) your misconfiguration; (b) credential compromise; (c) key or password loss for Encryption Features; (d) third‑party infrastructure incidents beyond our reasonable control; (e) client‑side issues; (f) lawful takedowns; (g) normal product behavior; or (h) force majeure. Nothing in these Terms excludes or limits liability where such exclusion/limitation is void under Swiss law, including liability for wilful intent or gross negligence and for personal injury (Swiss Code of Obligations, Art. 100).

14. Warranties disclaimer

EXCEPT AS REQUIRED BY MANDATORY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, ERROR‑FREE OR UNINTERRUPTED OPERATION.

15. Limitation of liability & cap

15.1 Types of excluded damages. To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential damages, or for loss of profits, revenue, business, goodwill, or data, even if advised of the possibility.

15.2 Aggregate cap. Subject to §15.3, PromptIbis’ aggregate liability for all claims in any 12‑month period is capped at the amount you paid to us for the Service in that period (or CHF 100 if you use the Free plan).

15.3 Mandatory Swiss law carve‑outs. These limitations do not apply to the extent void under Swiss law (e.g., wilful intent or gross negligence; personal injury).

16. Indemnification by you

You will defend, indemnify, and hold harmless PromptIbis and its personnel from third‑party claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from (a) your Prompts or (b) your breach of these Terms or applicable law, except to the extent caused by our wilful misconduct or gross negligence under Swiss law.

17. Suspension & termination

We may suspend or terminate the Service or your Account immediately if we reasonably believe you violated the AUP, law, or these Terms, or to protect the Service. You may terminate at any time in the Account settings; cancellation takes effect at period end (no refunds for partial periods). On termination, we will delete or anonymize personal data as described in the Privacy Policy, subject to legal retention obligations.

18. Compliance, export & sanctions

You must comply with applicable export‑control and sanctions laws and ensure your Prompts and usage do not require us to violate such laws.

19. Force majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (including outages of third‑party providers, acts of God, war, government action, labor issues, internet failures, or similar).

20. Changes to Terms

We may update these Terms from time to time. Material changes will be notified in‑product or by email. Your continued use after the effective date constitutes acceptance.

21. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition or sale of assets.

22. Governing law & venue (Swiss forum)

These Terms are governed by the substantive laws of Switzerland, excluding its conflict‑of‑laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction lies with the courts of Valais, Switzerland, provided that consumers domiciled in an EU/EEA/UK state retain the protections and venues guaranteed by applicable law (e.g., Lugano Convention 2007).

23. Notices & contact

Legal notices must be sent to the following address with a copy to legal@promptibis.com.

Questions about these Terms: support@promptibis.com

24. General

Severability; no waiver; no third‑party beneficiaries; headings for convenience only; survival of provisions by nature (including §§5, 7, 9, 11–16, 18–24).

Annex A — Acceptable Use Policy (AUP)

Illegal or harmful content is strictly forbidden. Without limitation, you must not use the Service to:

1. Break the law (including IP infringement, privacy/data‑protection violations, defamation, obscenity, harassment, stalking, promotion of violence or hatred).
2. Upload regulated/sensitive data without a lawful basis and appropriate safeguards (see §5.5).
3. Compromise security: introduce malware, attempt unauthorized access, interfere with or disrupt the Service, or bypass technical limitations.
4. Misuse sharing: disclose others’ confidential information without permission; misrepresent identity; impersonate others; spam or conduct illegal marketing.
5. Exploit minors or engage in any form of child sexual abuse material (CSAM) or sexualization of minors (zero tolerance).
6. Reverse engineer or decompile the Service, except to the extent such restriction is prohibited by applicable law.
7. Automate access in a manner that degrades stability (e.g., scraping, brute‑forcing, excessive API calls if/when APIs are offered).

We may remove content, suspend accounts, and notify authorities where appropriate. We also operate a notice‑and‑takedown channel for third‑party complaints (Annex C).

Annex B — Data Processing Addendum (DPA) (EU/EEA/UK/CH)

Applies where PromptIbis processes personal data in Prompts on your documented instructions (processor role). For Account data where we act as controller, see our Privacy Policy.

Annex C — Notice & Takedown / Complaint Procedure

Contact for legal notices: legal@promptibis.com / postal address below. Include: (i) identification of the content (URL, screenshot), (ii) legal basis for your claim, (iii) your contact details, (iv) declaration of good faith and accuracy, and (v) if asserting IP rights, proof of authorization. We may share your notice (with personal details minimized where possible) with the affected user. We will act expeditiously where we have actual knowledge of illegality, including removing or disabling access to the content and, where appropriate, suspending repeat infringers.

Annex D — Security & key‑management expectations

• Use strong, unique passwords and enable MFA where offered; restrict Team roles to least privilege; review sharing settings periodically.
• Understand trade‑offs of Encryption Features (e.g., reduced searchability; unrecoverable data if keys are lost).
• Maintain independent backups/exports of mission‑critical prompts using available export tools.
• Keep endpoints clean (no malware/clipboard snoopers) and vet extensions.
• PromptIbis implements industry‑standard protections and uses reputable providers (authentication via Auth0, hosting via Vercel/DB via MongoDB Atlas) as reflected in the current Privacy Policy.