These Terms of Service (the "Terms") are a binding agreement between you ("you" or "User") and Penguin Brains LLC ("Penguin Brains," "we," "us," or "our"), which operates the Bespoke Prompting service available at bespokeprompting.com. By creating an account, joining the waitlist, or otherwise accessing or using the Service, you agree to these Terms.
We may modify these Terms. If we make a material change, we will provide notice and update the Effective Date above. Your continued use of the Service after a change takes effect constitutes acceptance.
1. Account Creation and Eligibility
To use the Service you must create an account and provide a valid email address. You are responsible for maintaining access to your email account and for all activity under your account.
Eligibility
You may use the Service only if you are at least 18 years old and have legal capacity to enter a binding contract. The Service is not directed to children.
Account Creation Date
Your "Account Creation Date" is the date your Bespoke Prompting account is first created, and is the date from which the arbitration opt-out period in Section 9 is measured.
2. Credit System
Access to prompt-generation functionality is metered using "Credits." A Credit is a limited, revocable license to request one prompt generation. Credits are not money, currency, stored value, or property of any kind. Credits have no cash value and are not redeemable for cash or transferable.
How Credits are consumed
One Credit is consumed each time you submit a prompt generation request. A Credit is consumed when the generation is performed, regardless of satisfaction with the output. If a generation fails due to a verified technical fault attributable to us, we will, at our discretion, restore the affected Credit.
Expiration; no rollover
Unused Credits expire at the end of the billing cycle and do not roll over. Expiration occurs automatically and without further notice.
3. Waitlist and Pre-Launch Payment Terms
No right to service
Waitlist placement confers no contractual right to the Service and no guaranteed launch date.
If the Service does not launch
If the Service does not launch and we have collected a payment from you, we will refund that amount.
4. Intellectual Property
Your ownership of Outputs
As between you and Penguin Brains, you retain all ownership of your Inputs and of the Outputs you generate through the Service. To the extent we hold any right in the Outputs generated for you, we hereby assign such rights to you.
License you grant to us
You grant Penguin Brains a non-exclusive, worldwide, royalty-free license, sublicensable only to our service providers, to host, store, reproduce, and process your Inputs and Outputs solely as necessary to operate and provide the Service. We do not use your Inputs or Outputs to train foundation models except as separately disclosed and permitted by you.
AI-generated content: current legal uncertainty
The legal status of AI-generated content is unsettled. Material generated without sufficient human authorship may not be eligible for copyright protection. The assignment above is not a warranty that any Output is protectable or free of third-party rights. You are responsible for reviewing Outputs before relying on or distributing them.
5. Service Availability
The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free operation.
Disclaimer of warranties
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the maximum extent permitted by law, Penguin Brains will not be liable for indirect, incidental, special, consequential, or punitive damages. Our total liability will not exceed the amounts you paid us in the twelve months preceding the claim.
6. Prohibited Uses
- Violate any applicable law or third-party rights.
- Generate content that sexualizes or endangers minors.
- Generate content to facilitate violence, terrorism, or weapons development.
- Harass, defame, or promote hatred against individuals or groups.
- Attempt to bypass safety or content-moderation features, including jailbreak techniques.
- Reverse engineer or scrape the underlying models or prompt logic.
- Resell or commercially exploit Credits or Service access without permission.
- Use Inputs or Outputs to train a competing AI product.
- Present AI-generated Output as human-generated where deceptive or unlawful.
7. Termination
You may close your account at any time by contacting support@bespokeprompting.com. Closing your account does not entitle you to a refund of Credits.
We may suspend or terminate your access if we reasonably believe you have violated these Terms, if required by law, or for prolonged inactivity. On termination, unused Credits are forfeited and have no cash value.
8. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 9. Nothing here deprives you of mandatory consumer protections of your home jurisdiction.
9. Dispute Resolution and Arbitration
Please read this Section carefully. It requires most disputes to be resolved by binding individual arbitration.
Informal resolution first
Before arbitration, contact us at legal@bespokeprompting.com. If unresolved after 60 days, either party may begin arbitration.
Agreement to arbitrate
Disputes arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules.
Class-action and jury-trial waiver
You and Penguin Brains agree to bring claims only in an individual capacity, not as part of any class or representative proceeding. Both parties waive any right to a jury trial.
10. Contact Information
- General and billing support
- support@bespokeprompting.com
- Legal notices
- legal@bespokeprompting.com
- Arbitration opt-out
- optout@bespokeprompting.com
- Mailing address
- Penguin Brains LLC, 72 Helen Ave, Smithtown, NY 11787