Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Promptalytica.ai application (the "Service") operated by FettInk LLC, doing business as Promptalytica.ai ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

2. Description of Service

Promptalytica.ai provides tools for evaluating AI models. This includes simulated evaluations and an experimental automated testing feature that programmatically interacts with a user-specified website ("Automated Testing").

3. User Responsibilities and Authorization

When using the Automated Testing feature, you must provide a target URL and corresponding CSS selectors. By using this feature, you represent and warrant that:

• You have the full legal right and authority to run automated tests on the specified target URL.
• Your use of the Automated Testing feature will not violate any laws, regulations, or terms of service applicable to the target website.
• You are solely responsible for any and all consequences, whether direct or indirect, that may result from using the Automated Testing feature on the specified target URL. This includes, but is not limited to, potential disruption of service, IP address blocking, or any other technical issues on the target website.

You agree to indemnify and hold harmless FettInk LLC, its directors, employees, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of the Automated Testing feature in violation of these representations.

4. Subscriptions, Payments, and Cancellation

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

All payments are handled by our third-party payment processor, Stripe. By purchasing a Subscription, you agree to their terms of service.

You may cancel your Subscription renewal at any time through the customer portal, which is accessible from the "Billing" page in your account dashboard. The cancellation will take effect at the end of the current Billing Cycle, and you will not be charged for the next cycle. You will retain access to the paid features of the Service until the end of your current Billing Cycle.

Subscriptions are non-refundable. We do not provide refunds or credits for any partial subscription periods.

5. User Content and Data Privacy

You retain full ownership of any data, information, or content you upload to the Service, including but not limited to prompts, chat logs, and evaluation criteria ("User Content").

By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and display your User Content solely for the purpose of providing the Service to you. This includes processing your User Content with our AI models to generate evaluation reports and recommendations.

We will treat your User Content as confidential information. We will not use your User Content to train our or any third-party's AI models, nor will we share it with any other party except as required to provide the Service or as required by law.

6. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FETTINK LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION, REPORTS, OR EVALUATION RESULTS GENERATED BY THE SERVICE. YOU ACKNOWLEDGE THAT THE EVALUATION SCORES AND REPORTS ARE AI-GENERATED AND MAY CONTAIN INACCURACIES OR ERRORS.

YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIONS, DECISIONS, OR CHANGES YOU MAKE TO YOUR AI MODELS, PROMPTS, OR BUSINESS OPERATIONS BASED ON THE REPORTS OR RECOMMENDATIONS PROVIDED BY THE SERVICE. FETTINK LLC IS NOT LIABLE FOR ANY OUTCOMES, POSITIVE OR NEGATIVE, RESULTING FROM SUCH DECISIONS.

THE AUTOMATED TESTING FEATURE IS EXPERIMENTAL. WE DO NOT GUARANTEE ITS FUNCTIONALITY, RELIABILITY, OR COMPATIBILITY WITH ANY GIVEN WEBSITE.

IN NO EVENT SHALL FETTINK LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions.

8. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page.

9. Contact Us

If you have any questions about these Terms, please contact us.