Terms of Service
Last Modified: Jul 2, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User(s)“or “you”) and Aylo Freesites Ltd, a company incorporated in the Republic of Cyprus with its registered address at 195–197 Old Nicosia–Limassol Road, Block 1, Dali Industrial Zone, Cyprus 2540 (“Company,” “we,” “our,” or “us”). These Terms govern your access to and use of the Prompted website (prompted.video), online platform, applications, and all related products (collectively, the “Platform”), features, and services made available by the Company (collectively, the “Services”).
By accessing, registering for, or using the Services in any manner, you expressly acknowledge that you have read, understood, and freely agreed to be bound by these Terms, together with all additional policies, notices, and guidelines referenced herein or made available through the Services (“Policies”), which are incorporated by reference and form an integral part of this agreement. If you do not agree to these Terms or the Policies, you must discontinue use of the Services immediately.
The Services are intended exclusively for personal and non-commercial entertainment use. Under no circumstances may the Services be used for any unlawful, unauthorized, commercial, or otherwise prohibited purpose.
1. Key Notices and Disclaimers
1.1 Generation of content
The Services provide an artificial intelligence (“AI”)-powered video generation platform featuring a scrollable feed of unattributed AI-Generated Content. Users can view, scroll through, and share AI-Generated Content (with controls for sound on/off).
Logged-in Users may generate their own adult video content inputting text and/or selecting pre-defined features in the AI-generation tool made available on the Platform ("User Inputs"). Once generated, the AI-Generated Content will automatically be posted without public attribution on Platform’s feed for other Users to view it.
All content is generated through artificial intelligence and is fictional in nature. These outputs are fictional and do not represent real individuals, real emotions, or real-world interactions, events and commitments. The Platform does not support image generation, external content uploads, User comments, likes, or social features currently.
1.2 Services not designed to provide any advice of whatsoever nature
You expressly acknowledge and agree that the Services are not designed to provide, and do not constitute, therapeutic, medical, psychological, emotional, financial, or legal advice of any kind. The Company makes no representations regarding the suitability of the Service for addressing personal, medical, or psychological needs. If you experience distress, fear, emotional instability, or require professional assistance of any kind, you must immediately discontinue use of the Services and seek help from a qualified, licensed professional rather than relying on interactions with AI-Generated Content. The Company disclaims all liability for any harm arising from reliance on AI-Generated Content for professional guidance.
You further understand that, due to the inherent limitations of emerging AI technologies, the AI-Generated Content may at times be inaccurate, offensive, incomplete, unrealistic, inconsistent, or unsuitable for your preferences. You assume full responsibility for evaluating the accuracy and appropriateness of all AI-Generated Content made available through the Services.
You also understand that the Company does not guarantee the continued availability, persistence, or storage of any AI-Generated Content.
1.3 Self-Harm and Suicide Detection
The Company has implemented automated detection mechanisms (as described in its Suicide and Self-Harm Safety Protocol) designed to identify interactions with the Services that may indicate a User is at risk of self-harm, suicide, or a mental health crisis. Where such risk indicators are detected, the Services may automatically interrupt or modify the interaction and present the User with crisis support information, including relevant emergency helpline numbers and mental health resources applicable to the User's jurisdiction.
The Company does not guarantee that all at-risk interactions will be identified. Detection systems are subject to the inherent limitations of AI technology and may produce false positives or fail to identify all risk indicators.
These measures are provided as a supplementary safeguard only and do not constitute professional crisis intervention, clinical assessment, or mental health care of any kind. The Company expressly disclaims any liability arising from failures of detection or from any reliance placed on automated detection outputs.
If you are experiencing a mental health crisis, thoughts of self-harm or suicide, or any other psychological emergency, you must immediately cease use of the Services and contact a qualified mental health professional or emergency services in your jurisdiction as the Services are not equipped, trained, or designed to provide crisis support, and no interaction with them should be relied upon in place of professional assistance.
2. Age Restrictions and Adult Content Warning
This Website contains age-restricted materials including nudity and explicit depictions of sexual activity. Users hereby acknowledge and understand the explicit sexual nature of the materials available on this Website and agrees to comply with these Terms.
Access to the Services is strictly prohibited for any person under eighteen (18) years of age or under the age of majority in the jurisdiction from which access is attempted (whichever is higher). If you are under the applicable age requirement, you do not have authorization or permission to enter, access, or use any of the Services or materials, and any attempt to do so constitutes a material breach of these Terms. By accessing the Services, you represent and warrant that you meet these age requirements.
You also understand and agree that, after any registration to the Platform, you may be asked to prove or verify your age through government-issued identification or other reliable verification methods. If you are having any difficulties completing the verification process, you may cancel your subscription to prevent further charges or contact us at support@prompted.video. However, if you are unsuccessful with the verification process (i.e., you are found to be under eighteen (18) years of age or the age of majority in the jurisdiction from which you are attempting to verify, whichever is higher), your purchase will be cancelled, and a full refund will be issued to you. Upon failing to verify or prove your age, we reserve the right to immediately terminate your account and prevent you from re-using these Services.
3. Definitions
For the purpose of these Terms, the following definitions shall apply:
AI-Generated Content means any video, audio, or other media output generated by the Services in response to User Inputs.
Content refers collectively to all User Inputs and AI-Generated Content associated with the Services.
Controller / Merchant / Aylo Freesites Ltd refers to the operator and data controller of Prompted. All personal data collected through Prompted is controlled and managed by Aylo Freesites Ltd.
Prohibited Content refers to any material or activity that violates law or policy, including but not limited to: (a) content involving minors (persons under 18 years of age) in sexual, suggestive, or harmful contexts; (b) non-consensual depictions of identifiable persons; (c) bestiality; (d) incest; (e) hate speech, incitement to violence, or discrimination based on protected characteristics; (f) graphic violence, torture, or harm to persons or animals; (g) harassment, stalking, or threats; (h) exploitation or human trafficking; (i) illegal drug use or promotion; (j) the use of AI to generate video or voice outputs that depict, impersonate, or simulate the likeness, voice, or persona of identifiable public figures or private individuals without their express prior written consent, including but not limited to deepfakes or synthetic media that could reasonably be mistaken for authentic recordings, in violation of applicable personality rights, data protection laws, or defamation laws; (k) infringement of third-party intellectual property rights, privacy rights, or personality rights; (l) the removal, alteration, modification, or circumvention of metadata, watermarks, digital signatures, latent disclosures, content provenance information, or any other technical identifiers embedded in AI-Generated Content; or (m) any content that circumvents or attempts to circumvent the platform's content moderation systems, including BWS (Brand Web Safety), ACS (Adult Content Safety), or UBS (User Behavior Safety) filters.
User Inputs means any text prompts, instructions, configuration selections, or other information submitted by a User through the Services to initiate or guide content generation.
User refers to any individual who accesses, registers for, or uses the Services.
For clarity, User Inputs do not include AI-Generated Content, and AI-Generated Content is not considered User Inputs for any purpose under these Term
4. Description of the Services
Prompted provides a video-based content platform featuring AI-Generated Content presented in a continuously scrollable, video-only feed displaying unattributed AI-Generated Content and advertisements presented in a short-form format. User interaction is limited to basic playback controls, including sound on/off. Users can browse Content and advertisements without registration and without being individually identified. Registered Users only may generate custom adult video content by submitting text prompts and/or selecting pre-defined features, with options to include or exclude voice. The generation of Content is subject to Section 6 below.
All AI-Generated Content is published without public attribution. The Services do not display usernames, creator identifiers, or attribution in connection with publicly visible content. Users acknowledge and agree that non-attribution is a core feature of the Platform and cannot be selectively disabled.
The Services may include additional navigational features, including category browsing, basic text-based search functionality, and a ‘My Generations’ page allowing logged-in Users to view AI-Generated Content generated through their account. These features do not alter the non-attributed public presentation of AI-Generated Content.
The Services are continuously evolving. We reserve the right to introduce new features, modify existing functionality, or remove components of the Services entirely, at any time and for any reason, without prior notice.
5. Account Registration and Security
To access the full functionality of the Services, you are required to create an account using a valid email address and secure password. You represent and warrant that all information provided during registration is complete, accurate, and truthful, and you agree to maintain and promptly update this information as necessary.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring through your account. You agree that your account is personal to you and may not be sold, transferred, leased, shared, or otherwise made accessible to any other person, whether for compensation or free of charge. If you suspect that your account has been compromised, you must notify us immediately.
You acknowledge that you do not possess, nor do you acquire, any ownership or proprietary interest in your account, and all account-related rights belong exclusively to the Company.
6. Coin-Based Generation System
The Services are free to access for all Users.
Logged-out Users may access and browse the Content feed and will be presented with advertisements.
Logged-in Users may may unlock Content generation features, exclusively by earning coins. Coins are obtained by viewing and interacting with the advertisements made available on the "Earn Coins" page, with different advertisement types granting different coin amounts. Coins may then be redeemed to generate AI-Generated Content, whereby a defined number of coins entitles the User to generate a corresponding, predetermined quantity of videos, as displayed on the Platform at the time of generation. Coins do not expire, and Users are under no obligation to use any coins they have earned. For the avoidance of doubt, coins have no monetary value, cannot be purchased, exchanged, or transferred, and are non-refundable, and the Company reserves the right to modify coin earning rates, redemption values, and the number of videos that may be generated per coin at any time without prior notice.
7. User Safety and Personal Information
You are strictly prohibited from disclosing sensitive personal information, including but not limited to financial data, home addresses, identification numbers, or login credentials, through any feature of the Services, including in prompts, inputs, or content generation requests. Although we prioritize User safety, all transmissions of information over the internet carry inherent risks, and Users must exercise caution in their interactions.
We encourage all Users to promptly report any inappropriate, suspicious, or concerning activity encountered on the platform. We will investigate such reports and take action where appropriate in accordance with these Terms and our internal policies.
8. User Representations and Warranties
By using the Services, you represent and warrant that you meet the age requirements set forth in Section 2, that you access the Services solely for your personal use, and that you will comply with all applicable laws, regulations, and these Terms.
You represent and warrant that you will not attempt to generate, and will not knowingly generate, any content that violates these Terms, infringes any third-party rights, or violates any applicable law. You acknowledge that any attempt to circumvent content filters, safety measures, or usage restrictions constitutes a material breach of these Terms and that you remain fully responsible for all User Inputs you submit and for the resulting AI-Generated Content generated through your account regardless of whether such measures are bypassed.
You further affirm that you will not access or attempt to access the Services from any jurisdiction where pornographic content or AI-Generated Content is prohibited by applicable law, and that you will not use VPNs, proxy servers, or other technological tools to circumvent regional restrictions or access limitations imposed by us.
9. Artificial Intelligence Systems and Training Data Disclosure
The Services incorporate generative artificial intelligence systems that have been developed, configured, and deployed internally by the Company for the purpose of producing algorithmically generated content in response to User Inputs. All characters, interactions, media, and outputs generated through the Services are artificial and fictional in nature and do not represent real people, real events, or real-world experiences.
Company’s Generative AI system is a multi-modal platform combining proprietary image generation, third-party inference application programming interface (“API(s)”), and specialized video/audio models. The core image engine is built using proprietary model-weight blending techniques applied to open-source foundational models. The system also employs continuous internal training to create proprietary fictional character adapters (LoRAs) from synthetic data. Text, voice, video, and audio generation are powered by a combination of commercial APIs and open-weight foundational models.
In connection with the operation of the Services, certain technical metadata, provenance data, and system-level records relating to AI-Generated Content may be automatically generated and maintained. Such information may include, without limitation, system prompts, output identifiers, timestamps, performance metrics, safety signals, and moderation flags. This data is processed solely for legitimate business purposes, including system functionality, quality assurance, safety monitoring, abuse prevention, auditing, compliance, and ongoing system improvement.
Information relating to the general categories of data used in the development of the Company’s generative AI systems, as well as high-level descriptions of training methodologies and data sources, may be made available on the Company’s website or through separate AI transparency disclosures. Such disclosures are provided for informational and regulatory transparency purposes only, may be updated from time to time, and do not form part of these Terms.
All processing of personal data in connection with the Services and the Company’s AI systems is governed by the Privacy Notice and applicable data protection laws.
10. Intellectual Property Rights
All intellectual property rights in and to the Services, including without limitation all software, source code, object code, algorithms, models, datasets, system architecture, user interfaces, workflows, trademarks, service marks, trade names, logos, branding elements, and other proprietary materials (collectively, the “Company IP”), are owned exclusively by the Company or its licensors and are protected by applicable intellectual property and unfair competition laws. Except for the limited, revocable, non-exclusive, non-transferable right to access and use the Services strictly in accordance with these Terms, nothing herein grants you any ownership interest in or right to exploit the Company IP.
Users retain all right, title, and interest in and to the original text prompts, instructions, and other inputs they submit through the Services (“User Inputs”).
As between the User and the Company, the User is deemed the creator of any AI-generated videos, audio, or other media outputs produced through the Services in response to User Inputs (“AI-Generated Content”) solely for purposes of allocating responsibility under these Terms and applicable law, including responsibility for the legality of such content. The User acknowledges that AI-Generated Content is produced by automated systems operated by the Company in response to User Inputs and system processes.
The User represents, warrants, and agrees that:
all User Inputs and resulting AI-Generated Content comply with these Terms and all applicable laws and regulations;
the User will not attempt to generate Prohibited Content;
the User bears sole responsibility for the legality, permissibility, and compliance of all User Inputs and AI-Generated Content generated through their account; and
nothing in these Terms shall be construed as the Company endorsing, authoring, or assuming creative responsibility for any AI-Generated Content.
By submitting User Inputs or generating AI-Generated Content, the User grants the Company, its affiliates, successors, assigns, and content partners an exclusive (as against third parties), perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, publish, display, distribute, perform, market, monetize, and otherwise exploit such User Inputs and AI-Generated Content for any lawful purpose, including without limitation:
operating, maintaining, improving, and developing the Services;
displaying and distributing content within the Services;
distributing content through third-party platforms, networks, and content partner channels;
monetizing content through advertising and other commercial arrangements; and
complying with legal, regulatory, safety, audit, and enforcement obligations.
This license includes the right to remove, edit, suppress, restrict, geo-block, or permanently delete any User Inputs or AI-Generated Content at the Company’s sole discretion, without notice.
To the fullest extent permitted by applicable law, the User irrevocably waives any and all moral rights, rights of attribution, rights of integrity, or similar rights in connection with any User Inputs or AI-Generated Content, including any right to be identified as the author or creator. The User acknowledges that AI-Generated Content is published without public attribution as a core feature of the Services.
Subject to these Terms, Users are granted a limited, non-exclusive, non-transferable, and royalty-free right to access and view AI-Generated Content solely through the Services. Users may not download, save, extract, copy, redistribute, transmit, or enable others to download or save any Content except where expressly authorized by the Company in writing.
All AI-Generated Content includes embedded technical identifiers, provenance data, or other latent disclosures as described in Section 11. The User agrees that such identifiers and metadata must remain intact and unaltered. Any attempt to remove, alter, or circumvent these measures constitutes a material breach of these Terms.
You are expressly prohibited from copying, reproducing, distributing, modifying, reverse engineering, scraping, data mining, or otherwise exploiting any portion of the Services or Company IP for commercial or competitive purposes without the Company’s prior written consent. The use of automated tools, bots, scripts, or similar technologies to extract data or Content from the Services is strictly prohibited.
11. Content Authentication and Latent Disclosure
All media generated through the Services, including videos and audio outputs (and any other media types introduced in future versions of the Services), contains embedded technical identifiers and metadata (collectively, "Latent Disclosures"). These Latent Disclosures include, without limitation: the provider’s name, AI system name and version, timestamp of creation, and a unique permanent identifier designed to establish content provenance and authenticity.
While you may retain limited rights in AI-Generated Content as expressly set forth in Section 10, the exercise of such rights is expressly conditioned upon your compliance with this Section and your obligation to preserve all Latent Disclosures. Any attempt to remove or circumvent Latent Disclosures constitutes a material breach of these Terms and may result in immediate account termination, legal action, and reporting to appropriate authorities where required by law.
The Company implements Latent Disclosures to promote transparency, prevent misuse, support regulatory compliance, and mitigate risks associated with synthetic media.
12. Acceptable Use Requirements
You agree to use the Services solely for lawful purposes and in full compliance with these Terms and all applicable laws and regulations. You shall not interfere with, disrupt, disable, overburden, or otherwise impair the operation, security, or integrity of the Services, nor attempt to gain unauthorized access to any systems, networks, accounts, or features.
You shall not engage in conduct that is unlawful, harmful, abusive, harassing, threatening, deceptive, defamatory, or otherwise objectionable, nor attempt to generate, solicit, distribute, or access Content that is prohibited under these Terms or applicable law. You are solely responsible for all activity conducted through your account, including all prompts, inputs, and content generation requests.
You further agree not to remove, alter, or circumvent any content authentication mechanisms, latent disclosures, watermarks, or metadata embedded in AI-Generated Content produced through the Services.
13. Responsibility for Content and Moderation Policies
By using the Services, you expressly acknowledge and agree that all AI-Generated Content results from your prompts, inputs, instructions, interactions, customization choices, and use of the Services. You are primarily responsible for all User Inputs you submit, including all prompts and inputs, and for all AI-Generated Content produced through your account. You acknowledge that you bear responsibility for evaluating and determining the legality and appropriateness of all prompts you submit and for your use of any AI-Generated Content produced in response. You agree not to attempt to generate, request, or create any Prohibited Content as defined in these Terms, and you acknowledge that any such attempt constitutes a material breach. You remain responsible for your User Inputs and use of AI-Generated Content regardless of whether the Company's content filters or safety measures are bypassed, fail to function, or are circumvented.
The Company employs a combination of automated content moderation systems and authorized human review processes to promote compliance with applicable laws and these Terms. All User Inputs (including prompts and instructions) are processed through automated content safety systems prior to content generation. Generated content that passes automated review is posted to the platform and may be subject to subsequent human moderation review. User Inputs and AI-Generated Content involving sensitive or prohibited subject matter may be flagged and reviewed for safety or policy compliance. We reserve the right to monitor, modify, block, remove, or otherwise restrict access to any User Inputs, prompts, interactions, or AI-Generated Content that violates these Terms, poses potential harm to Users or the platform, or raises legal or regulatory concerns. The Company's decision to moderate or review certain Content is undertaken at our sole discretion and does not create any obligation to monitor all Content, nor does it relieve Users of their responsibility for User Inputs submitted and AI-Generated Content produced through their accounts. We make no guarantee that our moderation systems will detect or prevent all violations, and Users acknowledge that moderation measures are imperfect and may result in both false positives and failures to detect problematic Content.
We support a complaint process that allows for the reporting of content that may violate our Terms, that you believe may be illegal or objectionable, or which otherwise may violate applicable Visa and Mastercard Rules for adult content. All complaints will be addressed within five (5) business days. In the event there is evidence of illegal content, we will proceed to remove it immediately. Complaints can be submitted by using the “Content Removal” option in the footer of the Website. Users acknowledge that Services may be suspended, modified, restricted, or terminated based on moderation actions. As explained under section 6, since coins have no monetary value, no refunds will be provided for accounts suspended, restricted, or terminated due to violations of these Terms, regardless of whether such violations were intentional or inadvertent. The Company may take action against accounts based on patterns of use, attempted circumvention of safety measures, generation of Prohibited Content, or any other conduct that violates these Terms or applicable law. Account termination decisions are made at the Company's sole discretion and are final.
The Company maintains a strict zero-tolerance policy with respect to Child Sexual Abuse Material ("CSAM"), Non-Consensual Content ("NCC") , and other illegal Content. Any User attempt to generate, request, access, or distribute such content constitutes an immediate and material breach of these Terms. Detection of CSAM or illegal Content in User Inputs will result in immediate account termination and will be reported to the National Center for Missing and Exploited Children (NCMEC), law enforcement, and/or other appropriate legal authorities as required by law. Users acknowledge that the Company is obligated to comply with applicable laws, including mandatory reporting requirements, and that such compliance is independent of and does not diminish user responsibility for Content they attempt to generate or actually generate through the Services.
Users represent and warrant that all User Inputs relate exclusively to fictional characters that are explicitly represented as adults (18 years of age or older). The Company prohibits any attempt to generate content depicting minors or individuals who appear to be minors, including through stylization, body type, or contextual implication.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, content partners, officers, directors, employees, agents, and service providers from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
any User Inputs you submit through the Services;
any AI-Generated Content generated through your account;
your use of or access to the Services;
your violation of these Terms, applicable law, or the rights of any third party, including intellectual property rights, privacy rights, personality rights, or publicity rights; or
any allegation that AI-Generated Content generated through your User Inputs infringes, misappropriates, or otherwise violates the rights of any third party.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defenses. This indemnification obligation shall survive termination or suspension of your account and your use of the Services.
15. Limitation of Liability
THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO MANDATORY STATUTORY RIGHTS AND WARRANTIES UNDER CONSUMER PROTECTION LEGISLATION (INCLUDING WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, AND CONFORMITY WITH DESCRIPTION UNDER CYPRUS LAW IMPLEMENTING EU DIRECTIVES 2011/83/EU AND 2019/770/EU ON DIGITAL CONTENT AND SERVICES), WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ADDITIONAL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE COMPLETENESS, ACCURACY, RELIABILITY, OR APPROPRIATENESS OF INFORMATION PROVIDED BY AI-GENERATED CONTENT AND SHALL NOT ASSUME ANY LIABILITY FOR ANY OPINIONS, STATEMENTS, DEPICTIONS, OR CONTENT EXPRESSED OR PRODUCED BY SUCH SOFTWARE.
WE DO NOT WARRANT THAT:
THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE, OR UNINTERRUPTED;
THE SERVICES WILL MEET YOUR REQUIREMENTS, PREFERENCES, OR EXPECTATIONS;
THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO THE SERVICES, WILL BE SATISFACTORY; OR
ANY ERRORS, MALFUNCTIONS, OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
SUBJECT TO THE LIMITATIONS SET OUT IN APPLICABLE LAW, AND EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILFUL MISCONDUCT, BREACH OF MANDATORY CONSUMER PROTECTION PROVISIONS (INCLUDING THOSE RELATING TO CONFORMITY OF DIGITAL CONTENT AND SERVICES UNDER CYPRUS LAW IMPLEMENTING EU DIRECTIVE 2019/770/EU), OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, LOSS OF DATA, EMOTIONAL DISTRESS, OR REPUTATIONAL HARM, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF OUR BREACH OF MANDATORY CONSUMER PROTECTION PROVISIONS. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL, EXCEPT WHERE SUCH DELAY OR FAILURE CONSTITUTES A BREACH OF MANDATORY CONSUMER PROTECTION PROVISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO MANDATORY CONSUMER PROTECTION PROVISIONS UNDER CYPRUS LAW (INCLUDING REMEDIES FOR NON-CONFORMING DIGITAL CONTENT AND SERVICES UNDER CYPRUS LAW IMPLEMENTING EU DIRECTIVE 2019/770/EU), OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (EXCLUDING LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILFUL MISCONDUCT, AND BREACH OF MANDATORY CONSUMER PROTECTION PROVISIONS) SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, EXCEPT WHERE HIGHER DAMAGES ARE RECOVERABLE UNDER MANDATORY CONSUMER PROTECTION LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Links to Third-Party Websites and Services
The Services may contain links to or integrations with third-party websites or services. The Company does not control and is not responsible for such third-party services, and your use of them is at your own risk.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without giving effect to its conflict of law provisions, regardless of your physical location or country of residence.
Any disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus, and you hereby consent to the personal jurisdiction and venue of such courts. Transactions are governed by the country of the merchant of record, and use of the Services is governed by the laws stated in the Terms applicable to the platform from which the purchase was made.
18. Changes to Terms and Policies
We reserve the right to update, modify, or make changes to these Terms and any other Policies from time to time in our sole discretion. We may notify you of changes by making the revised version of these documents accessible through the Services or by other reasonable means. Changes will become effective immediately upon posting unless otherwise specified.
Please review these documents periodically to ensure familiarity with the most current version. You can determine when these documents were last revised by referring to the "Date of Revision" at the top of this document.
If you do not agree with the revised Terms and Policies, you must immediately stop using the Services. Your continued access or use of the Services after any changes to these documents have been posted constitutes your acceptance of and agreement to such changes.
We may change the platform, features, and scope of the Services from time to time, with or without notice. We may also stop, suspend, or restrict provision of the Services in full or in part toward any User or group of Users, as set out in these Terms and Policies.
19. Termination and Assignment
These Terms will continue in effect until terminated by either you or us. You may terminate these Terms at any time by ceasing your access and use of the Services.
We may terminate these Terms and your right to access or use the Services for good cause, including but not limited to material breach of these Terms, any other Policies, or applicable law. We will provide you with reasonable prior notice of termination except where immediate termination is required by law or necessary to prevent harm, fraud, or abuse. Upon termination for cause, your right to use the Services will cease, and we may delete your account and associated data in accordance with our Privacy Notice and applicable data protection law.
We reserve and retain the right to assign, transfer, or subcontract our rights and obligations under these Terms or the operation of the Services to any third parties without restriction. Notice of any material assignment may be posted on the Services, and your continued use of the Services following such notice indicates your consent to the assignment.
20. Communication and Contact Options
By registering to this Website, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Website, or in the “My Account” or "Settings" page and may include notices about your account (such as change in password or confirmation emails) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), by registering as a User on this Website (and by using the same), you expressly and specifically consent to receiving electronic communications from us relating to your account. We provide multiple contact options in compliance with the DSA, which you can use for communications on topics specific to the DSA: you can reach us via email at dsa@promted.com, through our webform, or by mailing us at Aylo Freesites Ltd, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, 2540, Nicosia, Cyprus. Please conduct all communication in English or Greek.
21. Contact Information and Notices
For general inquiries, customer support, or questions regarding your account or use of the Services, you may contact us at: support@prompted.video
To report suspected violations of these Terms, inappropriate content, illegal activity, suspected Child Sexual Abuse Material ("CSAM"), Non-Consensual Content ("NCC"), or other content that violates applicable law or platform policies, please report it to the Website by clicking here.
22. Complaint Handling Procedure
If we take any action concerning you, your account, or any interaction on the Website, as you may lodge a complaint against such decision.
The deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you. To lodge a complaint, you may email dsa@promted.com from the email associated with your account or wherefrom notice of the decision has been communicated, and the correspondence must include as much information as possible to allow us to investigate your complaint, and an explanation of the reason(s) for which you believe your complaint to be justified.
We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates that:
The interaction to which our decision related did not in fact violate applicable law, third party rights, or these Terms of Service.
Our prior decision not to act on notice was unjustified.
Our prior decision was unjustified or disproportionate in any other manner.
23. Abuse of Reporting and/or Complaint Handling System
We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other, appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:
Frequently submitting multiple, identical, and unfounded notices or complaints.
Frequently submitting notices or complaints that are obviously unfounded.
24. Right of Withdrawal (EU)
This section applies only to Users who qualify as consumers and are located in the European Union. Where applicable law confers a right to withdraw from a distance contract for the supply of digital content or digital services within fourteen (14) days, that right applies to your use of the Services to the extent required by the laws of the Republic of Cyprus implementing EU Directive 2011/83/EU (as amended). The Services consist of digital content and digital services that are made available to you immediately upon registration and use, including instant access to the Content feed and the immediate generation and publication of AI-Generated Content. By accessing the feed, earning or redeeming coins, or submitting any User Inputs, you expressly request and consent to the immediate performance of the Services before the expiry of the withdrawal period, and you acknowledge and agree that, in accordance with applicable law, you thereby lose any right of withdrawal once performance has begun. For the avoidance of doubt, the Services are provided free of charge and no monetary payment is collected from Users; accordingly, withdrawal does not give rise to any right to a refund, and coins have no monetary value as set out in Section 6.
25. Arbitration Agreement & Waiver of Certain Rights (US)
This section shall only apply to Users located in the United States of America.
Except as set forth hereinabove, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including, but not limited to, a claim that all or any part of these Terms of Service is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement under this section does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
26. Arbitration Agreement & Waiver of Certain Rights (EU)
This section shall only apply to Users located in the European Union.
We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.
If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.
We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:
A dispute has already been resolved or is already subject to ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.
The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue.
Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us. We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
27. Miscellaneous
If any provision of these Terms or any other Policies is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, provided that the fundamental purpose and balance of the agreement can be preserved. Such provision will be reformed or replaced with a valid and enforceable provision that most closely reflects the original intent of the parties, to the extent permitted by applicable law.
These Terms, together with all incorporated Policies, constitute the entire agreement between you and us pertaining to your access and use of the Services. Any prior or contemporaneous written or oral agreements pertaining thereto are hereby superseded and replaced in their entirety.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision.
We will collect and process your personal information and technical data in accordance with our Privacy Notice, which is incorporated into these Terms by reference.
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