Terms of Service

1. Scope of Application

1.1. These General Terms and Conditions ("GTC" or "Terms of Service") are applied by PRSM ("PRSM" or "we").

1.2. PRSM has developed an AI-powered e-commerce content generation platform that enables users to create professional product photos and videos using artificial intelligence (the "Software" or "Platform") and offers the Software under a Software-as-a-Service model ("SaaS"), as a web application.

1.3. The precise system requirements and the full scope of functions of the Software are found on PRSM's website prsm.so (the "Website") and app.prsm.so (the "Application").

1.4. The offer of PRSM for the use of the Software is directed to both Consumers and Business Customers (each a "Customer"). For the purpose of these GTC, (i) a "Consumer" is any individual entering into the contract for a purpose not related to the individual's business, trade or self-employed professional activity and (ii) a Business Customer is a user (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or self-employed professional activity.

1.5. The legal relationship between PRSM and the Customer are exclusively these GTC. General terms and conditions of the Customer are excluded.

2. Subject of the Contract

2.1. PRSM makes the Software available to the Customer for use for the duration of the Agreement via the internet (the "Service"). The Service includes AI-powered image generation, video generation, and related content creation tools for e-commerce purposes.

2.2. PRSM only owes the properties of the functions and characteristics of the Software as shown in the documentation and adapting the Service to the pertinent state of the art.

2.3. PRSM will continuously expand the Software and the Service through patches, updates and upgrades and make improvements if these (i) serve technical progress or (ii) appear necessary to prevent misuse.

2.4. PRSM does not owe an adaptation of the Service to the needs of the Customer. Additional features may be made available to the Customer by agreement and, if applicable, against separate remuneration.

3. Registration and Sign-up

3.1. The usage of the Service requires the registration as well as the set-up of a user account (the "User Account") by providing an email address and password. During the initial registration, the Customer submits an offer on the conclusion of the agreement to use the Service according to the Terms of Service (the "Agreement").

3.2. When the Customer creates a User Account, the Customer must provide PRSM information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Service, which may result in immediate termination of the registration.

3.3. The Customer shall take all necessary steps to ensure that the password is at all times kept confidential. The Customer shall notify PRSM without undue delay if there are signs of unauthorized use of the Customer's User Account. The Customer is responsible for all activity that occurs on the Customer's User Account.

4. Service Availability

4.1. The Software shall be hosted on a server infrastructure operated by PRSM or its service providers.

4.2. The Customer must be aware that restrictions and/or impairments of the Services provided may arise that are beyond PRSM's control, such as actions of third parties, technical conditions beyond PRSM's control, AI model availability, and force majeure.

4.3. PRSM will make regular backups of user data and store them for a reasonable period.

4.4. The Software is offered subject to availability. For paid accounts, the average availability of the Software is 99% on an annual average.

5. Fees and Credits

5.1. The Customer shall pay PRSM the agreed subscription fees according to the selected plan. Subscription plans include a certain number of generation credits per billing period.

5.2. The billing of a subscription is made on a pre-paid basis. Payment will be processed via Stripe.

5.3. Unused credits do not roll over to subsequent billing periods unless otherwise specified in the plan details.

5.4. If the Customer wants to change subscription plans, the Customer may do so through the account settings. Changes will take effect at the next billing cycle.

6. Generated Content

6.1. The Service allows the Customer to generate images, videos, and other content using AI models ("Generated Content"). The Customer is responsible for ensuring that any input images, prompts, or other materials they provide do not infringe on third-party rights.

6.2. Subject to compliance with these Terms, the Customer retains ownership rights to Generated Content created using their subscription. PRSM grants the Customer a worldwide, non-exclusive license to use Generated Content for commercial and personal purposes.

6.3. The Customer represents and warrants that: (i) they have the right to use any images or materials they upload to the Service, and (ii) the Generated Content will not be used for illegal, harmful, or misleading purposes.

7. Content Restrictions

7.1. The Customer may not use the Service to generate content that is:

• Unlawful or promoting unlawful activity
• Defamatory, discriminatory, or harmful
• Sexually explicit or involving minors
• Violent, threatening, or promoting violence
• Infringing on intellectual property rights
• Impersonating real individuals without consent
• Misleading or deceptive (e.g., deepfakes for fraud)
• In violation of any applicable laws or regulations

7.2. PRSM reserves the right to refuse or remove content and suspend accounts that violate these restrictions.

8. Third-Party AI Services

8.1. PRSM utilizes third-party AI services and infrastructure for image and video generation. The Customer acknowledges that the availability and performance of these services may vary.

8.2. Generated Content may be subject to the terms and conditions of third-party AI providers. PRSM is not responsible for any limitations imposed by these providers.

9. Intellectual Property

9.1. PRSM retains all intellectual property rights in the Software, including but not limited to the user interface, design, and underlying technology.

9.2. The Customer is granted a limited, non-exclusive, non-transferable right to use the Software during the term of the Agreement.

9.3. The Customer may not decompile, disassemble, reverse engineer, or attempt to derive the source code of the Software.

10. Limitation of Liability

10.1. PRSM shall be liable for damages to an unlimited extent in cases of intent, gross negligence, or personal injury.

10.2. In cases of simple negligence, PRSM's liability is limited to foreseeable, contract-typical damages.

10.3. PRSM is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or business opportunities.

10.4. PRSM is not responsible for the accuracy, quality, or appropriateness of AI-generated content. The Customer uses Generated Content at their own risk.

11. Term and Termination

11.1. The Agreement begins upon registration and continues for the duration of the selected subscription period, automatically renewing unless terminated.

11.2. The Customer may cancel their subscription at any time through their account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

11.3. PRSM may terminate the Agreement immediately for good cause, including violation of these Terms.

11.4. Upon termination, the Customer's access to the Service will cease, and stored data may be deleted after 30 days.

12. Changes to Terms

PRSM reserves the right to modify these Terms of Service. Changes will be communicated via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms shall be resolved through appropriate legal channels.