Terms of Service

By accessing or using PromptAndWear (the "Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our Service.

These Terms apply to all users, including visitors, registered users, Pro subscribers, and Enterprise customers. Additional terms may apply to Enterprise agreements.

You must be at least 13 years old to use PromptAndWear. Users between 13 and 18 years old must have permission from a parent or legal guardian.

By creating an account, you represent and warrant that:

• You meet the age requirement
• All registration information you provide is accurate and current
• You will maintain the accuracy of such information
• You have the legal capacity to enter into this agreement
• You are not prohibited from using the Service under Colombian or applicable law

To access certain features, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You agree to use PromptAndWear only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Generate designs that infringe on intellectual property rights of others
• Create content that is hateful, discriminatory, violent, or sexually explicit
• Attempt to circumvent design generation limits or platform restrictions
• Use the Service to generate counterfeit goods or trademark-infringing designs
• Harass, abuse, or harm other users or our staff
• Upload malware, viruses, or malicious code
• Scrape, data mine, or use automated tools to extract platform data
• Resell access to the Service without authorization
• Impersonate PromptAndWear staff, other users, or entities
• Interfere with the proper functioning of the Service

PromptAndWear uses AI to generate designs. While we employ safety filters and moderation, we cannot guarantee that all AI-generated content will be appropriate or free from issues.

6.1 Content Responsibility

• You are solely responsible for reviewing designs before use
• You must verify that designs do not infringe third-party rights
• PromptAndWear is not liable for copyright, trademark, or other IP issues in AI-generated content
• We reserve the right to remove or modify any content that violates our policies

6.2 Moderation Process

Our moderation team may review:

• Flagged or reported designs
• Randomly selected designs for quality assurance
• Designs shared to the public community
• Content suspected of violating our Acceptable Use Policy

Moderation reviews are logged for audit purposes. Access is restricted to authorized personnel only. See our Privacy Policy for details.

7.1 User-Generated Content

You retain ownership of prompts and customization inputs you provide. By using the Service, you grant PromptAndWear a worldwide, royalty-free license to process your inputs to generate designs and improve our AI models (using anonymized data only).

7.2 Copyright Complaints (DMCA)

If you believe content on PromptAndWear infringes your copyright, please send a notice to jdlopez@promptandwear.com with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our platform
• Your contact information (name, address, phone, email)
• A statement of good faith belief that use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

We will investigate promptly and take appropriate action, including removal of infringing content and potential account termination for repeat infringers.

PromptAndWear strives to provide reliable service but does not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue the Service (or any part) at any time
• Perform scheduled maintenance with advance notice when possible
• Add or remove features, alter generation limits, or change pricing
• Block access from certain geographic regions if required by law

We are not liable for any losses resulting from service interruptions, modifications, or discontinuations. We will make reasonable efforts to notify users of significant changes.

9.1 Termination by You

You may terminate your account at any time by:

• Navigating to Account Settings → Delete Account
• Emailing jdlopez@promptandwear.com with termination request

Upon termination, your access will be revoked, but designs created during paid subscriptions will remain available for download for 30 days.

9.2 Termination by PromptAndWear

We may suspend or terminate your account immediately without notice for:

• Violation of these Terms or Acceptable Use Policy
• Non-payment or fraudulent payment activity
• Abusive behavior toward staff or users
• Suspected security breach or unauthorized access
• Legal requirements or court orders

If termination is due to policy violation, no refund will be provided. If termination is at our discretion for other reasons, you may be eligible for a pro-rated refund.

To the maximum extent permitted by law, PromptAndWear S.A.S., its officers, directors, employees, and agents shall NOT be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of substitute services
• Damages arising from use or inability to use the Service
• User errors, unauthorized access, or data breaches

You agree to indemnify, defend, and hold harmless PromptAndWear S.A.S. and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Violation of these Terms or applicable laws
• Infringement of third-party intellectual property rights
• Content you create, upload, or share through the Service
• Your commercial use of AI-generated designs

13.1 Governing Law

These Terms are governed by the laws of the Republic of Colombia, without regard to conflict of law principles. Specific Colombian regulations include:

• Law 1581 of 2012 (Data Protection)
• Law 1480 of 2011 (Consumer Protection)
• Law 23 of 1982 (Copyright)

13.2 Dispute Resolution

In the event of a dispute, you agree to first attempt to resolve it informally by contacting us at jdlopez@promptandwear.com.

If informal resolution fails, disputes will be resolved through binding arbitration in Medellín, Colombia, under Colombian arbitration rules. You waive the right to participate in class actions.

Colombian residents may file complaints with the Superintendencia de Industria y Comercio (SIC) at sic.gov.co.

The Service is operated from Colombia. If you access PromptAndWear from outside Colombia, you are responsible for compliance with local laws.

We make no representation that the Service is appropriate or available for use in all jurisdictions. Access may be restricted in certain countries.

For users in the European Union, California, or other regions with specific data protection laws, see our Privacy Policy for information about your rights.

PromptAndWear reserves the right to modify these Terms at any time. Material changes will be communicated via:

• Email notification (at least 15 days before effective date)
• Dashboard banner or in-app notification
• Update to "Last Updated" date at the top of this page

Continued use of the Service after changes become effective constitutes acceptance. If you do not agree to modified terms, you must discontinue use and may request account deletion and possible refund within 14 days.

16.1 Entire Agreement

These Terms, together with our Software License, Privacy Policy, and any Enterprise Agreement, constitute the entire agreement between you and PromptAndWear.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. PromptAndWear may assign these Terms in connection with a merger, acquisition, or sale of assets.

For questions about these Terms of Service, account issues, or general inquiries: