1. Introduction and Definitions
Welcome to PromoDocs (“the Service”), a Software as a Service (SaaS) platform designed to assist programmers in creating professional development documents using Large Language Models (LLMs). These Terms of Service (“Terms”) govern your use of the Service. By accessing or using the Service, you agree to be bound by these Terms.
In these Terms, “we,” “us,” and “our” refer to PromoDocs, a sole proprietorship operated by Nikita Melkozerov and based in Germany. “You” and “your” refer to the user of the Service.
2. Description of Service
PromoDocs provides an AI-assisted tool for creating professional development documents. The Service utilizes LLMs to help generate content based on user input. However, please note and acknowledge:
- The Service is solely a tool to assist in document creation and does not guarantee, promise, or ensure any promotion, career advancement, or specific professional outcomes.
- Content generation involves sending your text input to third-party LLM providers.
- Users are required to thoroughly review, edit, and verify all generated content before sharing it with any third parties, including but not limited to managers or colleagues.
- The Service operates on a credit-based system. Users purchase credits, which are then consumed when generating documents.
3. User Responsibilities and Acknowledgments
As a user of PromoDocs, you agree to and acknowledge the following:
- You will provide accurate and truthful information when using the Service.
- You are solely responsible for reviewing, editing, and verifying all generated content before using it for any purpose.
- You will use the Service in compliance with all applicable laws and regulations.
- You will not misuse the Service for creating false, misleading, or fraudulent information.
- You will maintain the confidentiality of your account credentials.
- You understand and agree that PromoDocs is not responsible for any decisions, actions, or outcomes resulting from your use of the Service or the documents you create using the Service.
- You acknowledge that the Service is an aid tool only and that you bear full responsibility for the content you create and how you use it.
4. Data Processing and Privacy
We process your data to provide the Service. By using PromoDocs, you acknowledge and agree that:
- Your input text will be sent to third-party LLM providers for content generation.
- We will handle your data in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
- While we take reasonable measures to protect your data, we cannot guarantee absolute security of information transmitted over the internet.
- You are solely responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws.
4.1 GDPR Compliance
As a business operating in Germany, we comply with the General Data Protection Regulation (GDPR). You have the following rights under GDPR:
- Right to access your personal data
- Right to rectification of inaccurate personal data
- Right to erasure of your personal data
- Right to restrict processing of your personal data
- Right to data portability
- Right to object to processing of your personal data
To exercise these rights, please contact us at [email protected].
5. Payment, Billing, and Refunds
- PromoDocs operates on a credit-based system. Users must purchase credits to use the Service.
- Credits are consumed when generating documents.
- All payments are processed through Paddle, our payment provider. By making a purchase, you agree to Paddle’s terms of service in addition to these Terms.
- Prices for credits are as listed on our website and may be changed at any time without prior notice.
5.1 Refund Policy
- You have the right to request a refund within 14 days of your purchase, in accordance with EU consumer protection laws.
- Refund requests must be submitted in writing to [email protected].
- Refunds will be processed through Paddle and may take up to 14 business days to appear on your statement.
- We reserve the right to deny refund requests if we detect abuse of this policy or if the credits have been partially or fully used.
5.2 Right of Withdrawal (Widerrufsrecht)
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., an email to [email protected]). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6. Intellectual Property
- The Service, including its software, design, and content, is owned by PromoDocs and protected by intellectual property laws.
- You retain ownership of the content you create using the Service. However, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content for the purpose of providing and improving the Service.
7. Disclaimers and Limitations of Liability
- The Service is provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We expressly disclaim any guarantee of accuracy, completeness, or usefulness of any generated content.
- PromoDocs shall not be liable for any consequences resulting from your use of the Service or the generated content, including but not limited to career outcomes, professional relationships, or any decisions made based on the generated content.
- To the fullest extent permitted by applicable law, PromoDocs, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
- In no event shall our total liability for all claims related to the Service exceed the amount paid by you, if any, for accessing the Service during the twelve months immediately preceding the date of any claim.
- You expressly understand and agree that PromoDocs shall not be liable for any damages or losses resulting from your reliance on the generated content or the use of the Service for any purpose.
8. Indemnification
You agree to indemnify, defend, and hold harmless PromoDocs, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
9. Termination
We reserve the right to suspend or terminate your access to the Service at our sole discretion, with or without notice, for any violation of these Terms or for any other reason. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, any unused credits will be forfeited without refund, except as required by applicable law.
10. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts in Germany.
10.1 Alternative Dispute Resolution
Before resorting to formal court proceedings, both parties agree to attempt to resolve any disputes through good-faith negotiations. If such negotiations fail, the parties agree to seek mediation through a mutually agreed-upon mediator in Germany.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
12. Modifications to the Terms of Service
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other reasonable means. Your continued use of the Service after such modifications will constitute your acknowledgment and agreement to the modified Terms.
13. Changes to the Service
We reserve the right to modify, suspend, or discontinue any part of the Service, including the credit system, at any time without notice or liability.
14. Language of the Agreement
These Terms are provided in English. Translations into other languages may be available for convenience. In case of any discrepancies between the English version and any translation, the English version shall prevail.
If you have any questions about these Terms, need to request a refund, or wish to exercise your GDPR rights, please contact us at [email protected].
By using PromoDocs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the payment and refund policies. You further acknowledge that these Terms represent the entire understanding between you and PromoDocs and that they supersede all prior agreements and understandings, whether written or oral.
Last updated: 2024-09-15