Terms and Conditions of Use for Power Prompt Services

Version: 1.1 
Effective Date: 02/05/2026 
This version replaces all previous versions.

1. Purpose and acceptance of the General Terms and Conditions of Use

Digital Business Services S.à r.l., a company established at 2, rue Tresch, L-8373 Hobscheid, Luxembourg, operating the Power Prompt solution, is hereinafter referred to as "DBS" in these Terms and Conditions of Use.

Access to the Power Prompt products and services, the powerprompt.eu website, the app.powerprompt.eu application, the Power Prompt API, and any other related applications, features, documentation, integrations, software, or services provided by DBS (the "Services"), is governed by these Terms of Use and, if applicable, any applicable supplemental contractual documents.

The "Services" thus defined are, unless otherwise expressly specified, the common reference applicable to other Power Prompt contractual documents.

The "Subscriber" means any legal person, or any natural person acting in a professional capacity, who has subscribed to the Services.

"User" means any natural person authorized to access or use the Services, including the Subscriber, its administrators, collaborators, authorized users, as well as any person accessing the Services through an account, workspace, integration, or API configured by a Subscriber.

These Terms and Conditions of Use, together with the documents to which they refer, constitute the contractual framework applicable to access to and use of the Services. Access to the Services is subject to prior acceptance of these Terms and Conditions of Use. Failure to accept the Services will not result in access to the Services.

The Services are primarily intended for Subscribers acting in a professional capacity. Certain Services or features may also be available to Users authorized by a Subscriber. In this case, the access and use rights of these Users depend on the account, subscription, permissions and configurations defined by the Subscriber concerned.

2. Scope

 The following documents are part of the contractual or informational framework applicable to the Services, depending on their purpose:

1.      these Terms of Use, which govern access to and use of the Services;

2.      the Terms and Conditions of Sale, which govern the commercial terms and conditions applicable to the Services;

3.      the Data Processing Agreement, applicable when DBS acts as a Data Processor;

4.      the Privacy Policy, applicable to the processing carried out by DBS in its capacity as Data Controller;

5.      the Cookie Policy, where applicable.

Each document applies within the limits of its own purpose. In the event of a contradiction between the contractual documents, the following order of priority shall apply, to the extent permitted by the applicable regulations:

(i) the Special Terms agreed between the parties; 

(ii) the Data Processing Agreement, for its own purpose; 

(iii) the General Terms and Conditions of Sale, for commercial and financial aspects; 

(iv) these Terms and Conditions of Use.

3. Registration Data; Account Security

When a Subscriber subscribes to the Services, it is the Subscriber's responsibility to provide accurate, up-to-date and complete information, to maintain the confidentiality of its identifiers, and to update within a reasonable period of time any information that has become inaccurate or incomplete. The Subscriber assumes responsibility for the activities carried out by means of his account, subject to demonstrating unauthorized access not attributable to him. The User concerned shall inform DBS without delay of any unauthorised use or breach of security of which he or she is aware.

4. Subscription and terms of access to the Services 

The first billing period begins from the effective subscription taken out by the Subscriber. Unless otherwise stated, invoicing is payable in advance for the selected period.

Unless terminated by the Subscriber under the conditions set out in these General Terms and Conditions of Use or in the applicable General Terms and Conditions of Sale, the subscription is automatically renewed for successive periods corresponding to the plan subscribed to. When the Subscriber provides a valid means of payment, the Subscriber authorises DBS or its payment provider to periodically collect the amount corresponding to the subscription, the options subscribed to and, where applicable, any consumption or billable overage provided for in the applicable offer.

The subscription gives access to the features included in the chosen package, such as, in particular, depending on the applicable offer, the creation, organization, versioning, comparison, improvement, testing, execution and operation of prompts, the use of workspaces, access to the web application, as well as the use of integrations or API interfaces. 

In the event of a change in the subscription plan, the corresponding features may be activated, limited or adjusted according to the terms of the respective offer. DBS may apply a pro-rata temporis rate adjustment for the current billing period when provided for in the subscribed plan or by the applicable commercial terms.

5. Rates and payment terms

Prices and any other charges related to the use of the Services are communicated in accordance with the terms and conditions set out in the applicable offer, the relevant website or any relevant contractual or pre-contractual medium.

Unless otherwise specified, the rates are exclusive of taxes and applicable taxes, duties or levies, which remain the responsibility of the Subscriber.

Unless otherwise required or expressly engaged in business by DBS, the amounts paid for the Services are non-refundable and the subscriptions, credits, options or consumption invoiced are non-transferable. Failure to use the Services in whole or in part during an invoiced period does not give rise to the right to a refund.

DBS reserves the right to change its rates upon reasonable notice of fourteen (14) calendar days, except where applicable law imposes a different time limit or where an immediate change is required for legal, tax, regulatory or technical reasons. Any price changes take effect from the next billing period, unless expressly stipulated otherwise.

In the event of late or non-payment, DBS may, after notice remains ineffective within a reasonable period of time, suspend all or part of access to the Services until regularization, without prejudice to any other right or recourse.

Invoices, reminders and other invoicing-related communications may be sent to the email address provided by the Subscriber. Unless there is evidence to the contrary, such communications shall be deemed to have been received within a reasonable period of time after they are sent.

6. Termination and duration of the subscription

The Subscriber may terminate his/her subscription at any time in accordance with the terms and conditions made available to him/her by DBS. Unless otherwise specified, termination is effective at the end of the current billing period, with no renewal for the following period.

Unless otherwise required by mandatory law or an express commitment by DBS, no refund, credit note or pro-rata is due for a billing period started or paid, including when the Subscriber ceases to use all or part of the Services before its end.

Termination must be effected by an express act of the Subscriber in accordance with the means provided for this purpose. Non-payment, inactivity of the account or mere cessation of use of the Services does not constitute termination.

Upon expiration or termination of the subscription, access to the Services may be terminated or limited immediately or after a reasonable technical delay. Subject to applicable policies, technical, security, compliance, and any special contractual commitments, DBS may cease to make available data, prompts, histories, configurations, outputs, logs, or other content associated with the relevant account after termination of the Services. It is the Subscriber's responsibility to take, before the effective termination of the Services, any useful measure to export, save or retrieve the content that he or she wishes to keep.

Where DBS processes personal data on behalf of the Subscriber as a Processor within the meaning of the GDPR, the manner in which such data is deleted, returned or retained is governed by the applicable Data Processing Agreement.

7. Terms of Use of the Services

Subject to compliance with these Terms and Conditions of Use, the User has a limited, non-exclusive, non-assignable and non-transferable right to access and use the Services during the applicable subscription period. The Power Prompt Services are delivered online in software-as-a-service (SaaS) mode and may enable, among other things, the creation, structuring, organization, storage, versioning, comparison, optimization, testing, execution, and operation of prompts, variables, configurations, instruction sets, and associated outputs, including through integrations or APIs with third-party vendors. 

The User shall refrain from using the Services in a fraudulent, illicit, deceptive, abusive manner or likely to harm third parties, DBS, its technical partners or third-party providers of generative artificial intelligence. In particular, the following are prohibited, without this list being exhaustive, the sending of prompt or content that is illicit, defamatory, misleading, infringing the rights of third parties, attempting to circumvent technical or security restrictions, unauthorized use of APIs, unauthorized mass extraction of data, introduction of malicious code, use contrary to the applicable policies of third-party providers,  as well as the submission of personal, confidential, sensitive or regulated data without a legal basis, authorization or appropriate protective measure. 

If DBS reasonably believes that a User is in breach of these Terms of Use, compromises the security or integrity of the Services, exposes DBS or third parties to legal, technical or reputational risk, or uses the Services in violation of applicable policies, it may suspend, restrict or terminate all or part of access to the Services, with or without notice depending on the urgency of the situation,  without prejudice to any other rights or remedies.

8. Intellectual Property and User Content

All information, data, text, instructions, prompts, prompt templates, variables, parameters, outputs, logs, metadata, logos, trademarks, designs, graphics, images, files, documentation, and other content or materials accessible through the Services are hereinafter referred to as the "Content". Content provided, imported, created, configured, transmitted, stored or exploited by Users through the Services, including prompts, instructions, documents, input data, context data, generated results, configurations, histories and associated files, constitutes "User Content".

With the exception of the User Content, the Services, all Content and all software available through the Services or used to create and operate the Services are the property of DBS or its licensors, and are protected by applicable Luxembourg and international laws, in particular with regard to intellectual property. All rights in the Services, such Content and software are expressly reserved. All trademarks, registered trademarks, product names, company names or logos mentioned in the Services remain the property of their respective owners.

User Content is the sole responsibility of the User or, as the case may be, the Subscriber on whose behalf it is acting. The User remains solely responsible for the lawfulness, accuracy, quality, integrity, rights of use, confidentiality and security of the User Content, as well as for the consequences of its importation, processing, transmission, exploitation and sharing via the Services.

The Services may allow prompts, libraries, workspaces, histories, outputs, comments, templates, or other content to be shared among Authorized Users of the same account or workspace. The User undertakes not to import, transmit, share, store, generate or disseminate via the Services any illegal, offensive, infringing, defamatory, misleading, confidential content without authorization, or technically harmful, including any malicious code or any data the use of which would violate any contractual, legal or regulatory obligation.

DBS reserves the right, but is not obligated to, delete, suspend, filter, isolate or render inaccessible any User Content when it appears necessary to enforce these Terms of Use, protect the security or integrity of the Services, meet a legal or regulatory obligation, or limit a clear risk to DBS, its Users,  its technical partners or third parties. The User remains solely responsible for maintaining its own backups and archiving of its User Content.

9. License to User Content

To the extent necessary for the provision, operation, security, maintenance, support, technical improvement of the Services, compliance with legal obligations and the prevention of abuse, the User grants DBS, for the duration of use of the Services and according to the strictly required scope, a non-exclusive license to host, store, reproduce,  transmit, process, display and use User Content. This license does not transfer ownership of the User Content.

Unless expressly stated otherwise, any suggestions, feedback, ideas for improvements, or recommendations voluntarily communicated to DBS regarding the Services may be freely used by DBS to develop, maintain, or improve the Services, without any obligation to compensate, provided that the User Content is not diverted beyond what is necessary for the provision of the Services.

10. Limited License Granted to the User

During the period of validity of the right of access to the Services, DBS grants the User a limited, revocable, non-exclusive, non-assignable and non-transferable license to use the Services and the Content made available to it exclusively for its internal needs and in accordance with the purpose of the Services. Except with the prior written consent of DBS or a mandatory legal provision to the contrary, the User may not modify, reproduce, distribute, commercialize or sublicense the Services, or reverse engineer, disassemble, extract source code or circumvent technical limitations.

11. Payment Information

DBS does not necessarily retain complete payment card information when payments are processed by specialized providers. If certain payment data is collected or used for recurring invoicing, it is collected in accordance with the technical and contractual terms applicable to the respective payment provider.

DBS implements reasonable measures to protect the payment information processed in connection with the Services, but cannot guarantee the absolute absence of risk inherent in the networks, third-party providers, hosting infrastructure, internet services or systems used by the User. Except in the case of gross negligence or intent, DBS shall not be liable for failures attributable to third party providers or factors beyond its reasonable control.

12. Third-Party Services and Integrations

The Services may include integrations, connectors, referrals, interfaces, or dependencies with third-party services, websites, templates, APIs, infrastructure, platforms, or content, including generative artificial intelligence providers, hosting, authentication, payment, analytics, or communications providers. The use of these third-party services or content may be subject to separate conditions, which the User is required to read and comply with. When the User uses a third-party service through the Power Prompt Services, the User acts at his own risk and under his own responsibility with respect to this third-party service.

DBS has no control over the services, content, policies, performance, decisions, treatments, models or availability of third parties and does not provide any warranty with respect thereto other than as required by law. DBS shall not be liable for any loss, alteration, unavailability, errors, biases, rejections, limitations, price changes or other consequences resulting from a third-party service or a relationship between the User and a third party.

13. Non-warranty clause 

The Services and Content are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, to the fullest extent permitted by law. In particular, DBS declines any guarantee relating to continuous availability, freedom from errors, compatibility with any technical environment, suitability for a particular need, absence of infringement of the rights of third parties, quality of the results generated, their accuracy, completeness, relevance, reliability, conformity or ability to base a decision. Generative AI capabilities can produce results that are inaccurate, incomplete, inconsistent, biased, non-compliant, outdated, or inadequate and are not a substitute for human expertise, business, legal, technical, or regulatory validation.

DBS uses reasonable efforts to ensure the security and integrity of the Services, but does not guarantee that the Services, content, integrations, APIs, or third-party dependencies will be free of anomalies, interruptions, vulnerabilities, harmful components, or security events. The User remains responsible for his or her own security, backup, control and validation measures.

14. Limitation of Liability; Compensation 

To the extent permitted by law, DBS shall only be liable for proven direct damage resulting from a breach of these Terms and Conditions of Use.

In no event shall DBS be liable for any indirect, immaterial or consequential damages, or for any loss of revenue, revenue, profits, goodwill, opportunity, data, operations, image or expected savings. Unless otherwise required by mandatory law, DBS's total cumulative liability, all causes combined, is limited to the amount actually paid by the Subscriber for the Services concerned during the twelve (12) months preceding the event giving rise to liability.

Subscribers may use the Services to create, configure, send, and operate prompts, including through an application programming interface (API), to third-party providers of generative artificial intelligence services. The results generated depend in particular on the content of the prompt, the parameters chosen, the data transmitted, the technical configurations used as well as the models, processes and rules applied by the respective third-party provider. Subscribers remain solely responsible for the content of prompts, data and instructions sent, as well as for the verification, validation and use of the responses, content, recommendations or results generated.

DBS assumes no responsibility for the accuracy, completeness, relevance, compliance, or suitability of any content generated by a third-party provider of generative artificial intelligence, including when such results are obtained through the Services. It is the Subscriber's responsibility to carry out any human review, business control, legal, technical or regulatory validation necessary before any use, dissemination, decision or automation based on these results.

The User and, where applicable, the Subscriber undertake to indemnify and hold DBS harmless against any claim, action, demand, condemnation, loss, cost, expense or reasonable expense resulting from the violation of these Terms and Conditions of Use, from a use of the Services contrary to the law or the rights of third parties, from the User Content, from data transmitted to third parties,  or any use of results generated without proper control, validation, or authorization.

15. Communications

DBS may send to the Subscriber or the User any communication relating to the Services by e-mail, by means of the Services or by publication on the relevant interfaces, as it appears appropriate in relation to the subject matter of the communication.

16. Changes to the Terms

DBS reserves the right to modify these Terms of Use, in particular in order to take into account the evolution of the Services, features, technical requirements, legal or regulatory obligations, or the terms applicable to third-party services. The updated terms are published by any appropriate means. In the event of a material change that may adversely affect the Subscriber's rights, DBS endeavours to notify such change within a reasonable period of time before it comes into force. Continued use of the Services after the effective date constitutes acceptance of the amended terms.

17. Applicable law and competent courts

These Terms and Conditions of Use and the use of the Services are governed by Luxembourg law, excluding its conflict of law rules. Subject to any applicable mandatory provision, any dispute relating to the validity, interpretation, execution or termination of these General Terms and Conditions of Use or the use of the Services falls under the exclusive jurisdiction of the courts of Luxembourg City. 

The User who accesses the Services from another jurisdiction does so on his own initiative and remains responsible for compliance with the local laws and regulations applicable to him, insofar as these are compatible with the use of the Services and with the law applicable to the contract.

18. Suspension, Termination and Inactive Accounts

Without prejudice to any other rights or remedies, DBS may, to the extent reasonably necessary to protect the Services, its Users, its technical partners or to comply with its legal and contractual obligations, restrict, suspend or terminate all or part of access to the Services in the event of a violation of these Terms of Use,  security risk, misuse, suspected fraud, non-payment, legal or regulatory requirement, or the cessation, suspension or substantial alteration of any third-party service necessary for the provision of the Services. Except in the case of an emergency, impossibility or legal prohibition, DBS endeavours to notify the Subscriber within a reasonable period of time.

If an account, workspace, or subscription remains inactive for an extended period of time, DBS may apply archiving, deactivation, access restriction, or deletion measures in accordance with its internal policies, technical constraints, legal obligations, security regulations, and applicable business terms. Where reasonably possible, prior notice may be sent to the Subscriber in order to enable him/her, if necessary, to take the necessary measures concerning his/her content and configurations.

19. Miscellaneous

If any provision of these Terms and Conditions of Use is held to be unlawful, void or unenforceable, that provision shall be deemed severable without affecting the validity of the remaining provisions. DBS may assign any or all of its rights and obligations to any affiliate, successor, acquirer or as part of a restructuring or business transfer.

The User may not assign all or part of its rights or obligations without the prior written consent of DBS. These Terms of Use constitute the entire agreement between the parties with respect to the use of the Services and supersede any prior exchanges, proposals, statements or agreements relating to the same subject matter.

In the event of the expiration or termination of these Terms and Conditions of Use, the provisions which, by their nature, are intended to survive, shall remain applicable, in particular those relating to intellectual property, User Content, limitations of liability, warranty exclusions, indemnification, applicable law, jurisdiction and miscellaneous stipulations.

20. Notifications and Contact

Any question, request for information, notification or complaint relating to these Terms of Use or the use of the Services may be addressed to the following contact details:

Digital Business Services S.à r.l.
2, rue Tresch
L-8373 Hobscheid
Luxembourg

Contact form: https://powerprompt.eu/contactus