Welcome! Thank you for using BePrompting!

1. Introduction

BePrompting, (“BePrompting,” “we,” “our,” “us”) offers a variety of team productivity, collaboration tools, and its collectively, the “Service”, and websites, including but not limited to www.beprompting.com (the “Websites”).

These User Terms of Service (“Terms”) are a binding legal contract between you and BePrompting and explain the rules governing your use of our Service and Websites.  These Terms apply to you as a user of the Service, subject to exceptions that apply to Managed Users (as defined and further detailed below in Section 2 (How These Terms Apply)).  By accessing or using the Service and Websites, you acknowledge and agree to be bound by these Terms (as applicable) and confirm you have read and understand our Privacy Statement, which is incorporated by reference.

If you do not agree to these Terms, please do not access or use the Service or Websites.

We may revise these Terms from time to time by posting a modified version on our website.  If, in BePrompting’s sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or Websites.  If you do not agree to or cannot comply with the modified Terms, you must stop using the Service and Websites.  Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis.  Your continued use of the Service and Websites after any update to these Terms constitutes your acceptance of such changes.

2. How These Terms Apply

By using BePrompting, you fall into one or more of the following three different categories of BePrompting user:

• “Site Visitors” are users of the Websites.

• “Free Users” use the free/basic version of the Service.  Free Users have access to a more limited set of Service features and functionality than Managed Users.  Free Users may have their own individual workspaces and/or take part in a free multi-user BePrompting domain.

• “Managed Users” use the Service as part of any paid BePrompting subscription plan purchased by a person or entity (the “Customer”) who has separately entered into a written agreement with BePrompting (the “Customer Agreement”) governing access and use of the Service and permitting such Customer to create and configure BePrompting so that Managed Users may join.

AS BETWEEN BePrompting AND CUSTOMER, YOU ACKNOWLEDGE AND AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY OTHER MANAGED USERS OF ANY RELEVANT CUSTOMER POLICIES, PRACTICES AND SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY OTHER MANAGED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICE; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CUSTOMER AGREEMENT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY OTHER MANAGED USERS RELATING TO CUSTOMER DATA, THE SERVICE OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. IN YOUR CAPACITY AS AN MANAGED USER, BePrompting MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) TO YOU RELATING TO THE SERVICE, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

3. Eligibility and Scope

To use the Service and Websites you must be, and you represent and warrant that you are, at least 16 years of age and competent to agree to these Terms.  If the law where you reside requires that you must be older in order for BePrompting to lawfully provide the Service and Websites to you and use your personal data without parental consent, then you must be that older age.

4. Account Registration and Use

4.1 Account Registration and Confidentiality.  To access the Service and certain parts of our Websites, you must register for an BePrompting account by creating a username and password.  You agree to provide us with accurate, complete, and current registration information about yourself.  It is your responsibility to ensure that your password remains confidential and secure, and you agree that you will not allow others to access the Service using your BePrompting account.  By registering, you agree that you are fully responsible for all activities that occur under your user name and password.  We may assume that any communications we receive under your account have been made by you.  If you are a workspace or organization owner or administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a workspace or organization (“Account Administrator”), you represent and warrant that you are authorized to to do so and agree that BePrompting is entitled to rely on your instructions.

4.2 Unauthorized Account Use.  You are responsible for notifying us at mailus@beprompting.com if you become aware of any unauthorized use of or access to your account.  You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.  BePrompting will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have advised us of such unauthorized use.  You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by BePrompting or a third party due to someone else using your account.  In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, BePrompting reserves the right in its sole discretion to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account.

5. License.  Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service and Websites only for your own internal use (or for internal uses authorized by the applicable Account Administrator), and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Service and Websites.  BePrompting may revoke this license at any time, in its sole discretion.

6. Acceptable Use Policy.  You acknowledge and agree to comply with these Terms, including the following rules regarding acceptable use of the Service and Websites (the “Acceptable Use Policy”).

6.1 Disruption of the Service. You may not:

• access, tamper with, or use non-public areas of the Service and Websites, BePrompting’s computer systems, or the technical delivery systems of BePrompting’s providers;

• probe, scan, or test the vulnerability of any system or network or circumvent any security measure;

• access or search the Service and Websites by any means other than BePrompting’s publicly supported interfaces (for example, “scraping”); or

• interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure or the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content interferes with the Service and Websites; or

• prompt or otherwise attempt to use artificial intelligence (AI) models to act in a manner that violates these Terms or intentionally circumvents safety filters and functionality of the Service.

6.2 Misuse of the Service and Websites. You may not use the Service and Websites to carry out, promote or support:

• any disinformation, deception, or otherwise fraudulent activities;

• the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity (e.g., “spoofing”, “phishing”);

• activities that are defamatory, libelous or threatening, or otherwise constitute hate speech, harassment, or stalking;

• the violation of any law or the rights of others (including unlawful tracking, monitoring, and identification or the publishing or sharing of another person’s confidential or personal information without their express authorization and permission);

• for harm or abuse of a minor, including grooming and child sexual exploitation;

• the sending of unsolicited communications, promotions advertisements, or spam;

• the publishing or sharing of malicious content; 

• the promotion or advertisement of products or services other than your own without appropriate authorization; or

• the development of services that compete with BePrompting;

6.3 User Content. You may not post any User Content on the Service or Websites (or otherwise make use of the Service or Websites) in a manner that:

• is deceptive, fraudulent, illegal, obscene, defamatory, disparaging, libelous, threatening, or pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited Children);

• suggests any content, information or other outputs generated by AI are human-generated; 

• criticizes others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

• contains any personal information of minors under the age of 16;

• contains any sensitive personal information as defined by applicable law (such as financial information, payment card numbers, social security numbers, or health information) without BePrompting’s prior written consent granted as part of a Customer Agreement;

• contains viruses, bots, worms, or similar harmful materials; 

• contains any information that you do not have a right to make available under law or any contractual or fiduciary duty; or

• could otherwise cause damage to BePrompting or any third party.

6.4 Artificial Intelligence.  If you use any AI or machine learning features and functionality (including third-party models) provided by BePrompting (collectively, “BePrompting Intelligence”), you agree to:

• implement appropriate human oversight and safeguards to mitigate potential risks associated with your use of BePrompting Intelligence (i.e., impacts on a person’s fundamental rights, health or safety);

• remain responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of BePrompting Intelligence;

• provide information about your intended use of BePrompting Intelligence and compliance with this Acceptable Use Policy upon request; and

• evaluate BePrompting Intelligence outputs for accuracy and appropriateness in light of the probabilistic nature of AI and potential for producing inaccurate content. 

6.5 Acceptable Use Violations. If we reasonably believe a violation of this Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Service or Websites for our Customers or other users, we may suspend or terminate your access to the Service and Websites, without any liability to us and in addition to any other remedies that may be available to us.  BePrompting reserves the right to notify the applicable Account Administrator of the foregoing.

7. Proprietary Rights

BePrompting and its licensors exclusively own all right, title, and interest in and to all intellectual property rights in the Service and Websites.You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites.  All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and BePrompting, at all times be and remain the sole and exclusive property of BePrompting.

8. User Content and Feedback

8.1 User Content and Submissions on the Service.  The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others.  User Content submitted or otherwise made available to the Service is subject to the following terms:

8.2 Free User Content.  Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”).  By submitting Free User Content, Free Users grant BePrompting a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, in order to provide the Service, and as permitted by BePrompting’s Privacy Statement, including if required to do so by law or in good faith to comply with legal process.  We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in BePrompting’s sole discretion.

8.3 Managed User Content on the Service.  User Content submitted to the Service by Managed Users is Customer Data, which is owned and controlled by the Customer, in accordance with the Customer Agreement.

8.4 Feedback.  The Service and the Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to BePrompting, and/or share such Feedback with other users, or the public.  If you submit Feedback, BePrompting may use such Feedback for any purpose without any compensation or obligation to you.  We reserve the right to remove any Feedback posted in our public forums for any reason at our sole discretion.

8.5 User Content and Feedback Representations.  You represent and warrant that you have all required rights to submit User Content and Feedback without violation or infringement of any third-party rights.  You understand that BePrompting does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

9. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY

THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY BePrompting, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  SPECIFICALLY, BUT WITHOUT LIMITATION, BePrompting DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BePrompting DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND BePrompting WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES.  BePrompting WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL BePrompting OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT BePrompting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.  THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BePrompting, ITS AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

11. Third-Party Links, Services and Websites

The Service and Websites may include information and content provided by third parties, including links to third-party websites, resources, and/or goods and services.  BePrompting is not responsible and will not be liable for any damages or losses caused by or relating to, (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) the availability of or any errors or omissions in such websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources.  Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

12. Questions

If you have any questions about these Terms, please contact us at mailus@beprompting.com.