Terms and Conditions
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Introduction
These Terms and Conditions ("Terms") govern your use of the Shamprompt platform and services. By accessing or using our platform, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.
Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our platform. By using our services, you represent and warrant that you meet these requirements.
User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.
Prompt Listings and Content
You are solely responsible for all content you submit, including prompts, descriptions, images, and metadata. You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not infringe on any third-party rights. Once submitted for review, prompts cannot be edited. Sellers may delete and resubmit prompts if changes are needed.
Sales and Payments
We process all transactions through secure third-party payment providers. Sellers receive 100% of sales minus Stripe processing fees. You are responsible for any applicable taxes on your earnings. We reserve the right to withhold payments if we suspect fraudulent activity.
Commission Fees
No platform commission fees are charged. Sellers receive 100% of sales minus Stripe processing fees. Sellers may configure a minimum payout amount; funds below this threshold will remain pending until the threshold is met.
Content Guidelines
All content must comply with applicable laws and our community standards. Sellers guarantee originality and assume all liability for copyright infringement. Prohibited content includes: hate speech, violence, nudity, defamation, political persuasion, illegal material, and harmful or deceptive content.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Hate speech, violence, or discriminatory behavior; Nudity or sexually explicit content; Defamation or false statements about individuals or organizations; Political persuasion or propaganda; Spam, unauthorized advertising, or commercial solicitation; Impersonation of others or false representation; Reverse engineering, hacking, or attempting to gain unauthorized access; Distribution of viruses, malware, or harmful code; Violation of applicable laws or regulations; Interference with platform functionality or other users; Collection of user data without consent; Copyright infringement or unauthorized use of third-party content; Any other illegal or abusive behavior.
Content Monitoring and Enforcement
We reserve the right to monitor, review, and remove any content that violates these Terms. We may suspend or terminate user accounts, remove content, or take other appropriate action at our sole discretion. We are not obligated to monitor all content but may do so to ensure compliance. We have a DMCA takedown policy and process for handling copyright infringement claims.
User Content Licensing
Content Ownership
You retain ownership of all content you submit to our platform. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, host, display, distribute, modify, and create derivative works of your content for platform-related purposes.
License Scope
This license includes the right to: host and display your content on our platform; distribute your content to users who purchase it; modify content for technical compatibility; create derivative works for platform improvement; use content for analytics and platform optimization; and monetize your content through our platform.
AI Training Opt-Out
You may opt out of allowing your content to be used for AI training purposes by contacting us. However, this does not affect our right to use your content for other platform purposes as described above.
Intellectual Property
You retain ownership of your content and intellectual property rights. Our platform, branding, and proprietary technology remain our exclusive property. You may not use our trademarks, logos, or branding without written permission. Sellers guarantee originality and assume all liability for copyright infringement.
Warranties and Disclaimers
As-Is Disclaimer
Our platform and services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties including but not limited to: merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted service.
No Guarantees
We do not guarantee that our platform will be error-free, secure, or continuously available. We do not guarantee the quality, accuracy, or usefulness of any content on our platform. We do not guarantee the quality of AI output generated from prompts. Your use of our services is at your own risk.
Limitation of Liability
Liability Cap
In no event shall our total liability to you exceed the amount of fees you have paid to us in the twelve (12) months preceding the claim, or €100, whichever is greater. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Excluded Damages
We are not liable for: lost profits, data loss, business interruption, or any other commercial damages; damages resulting from third-party actions or service interruptions; damages arising from your violation of these Terms; or indirect damages of any kind.
Indemnification
You agree to indemnify, defend, and hold harmless Shamprompt and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: your use of our platform; your violation of these Terms; your content or conduct; or your violation of any third-party rights.
Termination
We may suspend or terminate your account and access to our platform at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use our platform ceases immediately.
Changes to Terms
We may modify these Terms at any time. We will notify you of material changes through a prominent notice on our website or via email at least 14 days prior to the changes taking effect. Your continued use of our platform after such changes constitutes acceptance of the modified Terms.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our platform shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
Dispute Resolution
Before pursuing formal legal action, we encourage you to contact us to resolve disputes informally. If informal resolution is not possible, disputes will be resolved through binding arbitration in Barcelona, Spain, in accordance with Spanish arbitration law.
Legal Compliance
Export and Trade Compliance
You agree to comply with all applicable laws and regulations, including export control laws, trade sanctions, and embargoes. You represent that you are not located in, under the control of, or a national or resident of any country subject to trade sanctions.
General Legal Compliance
You agree to comply with all applicable local, national, and international laws and regulations in your use of our platform. You are responsible for ensuring that your use of our services does not violate any applicable laws in your jurisdiction.
Preview Protection
Buyers only receive a preview of prompts before purchase. The full prompt content is disclosed only after payment is completed. This protects sellers' intellectual property while allowing buyers to make informed purchasing decisions.
Stripe Terms
Sellers agree to Stripe Connect Terms of Service. The platform is not liable for any disputes between sellers and Stripe. All payment processing is handled by Stripe, and sellers must comply with Stripe's terms and policies.