1. General Provisions
1.1. These Terms of Service (“Terms”) govern the use of the PromptEye platform, provided as a SaaS service by PromptEye Sp. z o.o., registered in Poland (“PromptEye”, “Service Provider”).
1.2. The PromptEye platform (“Service”, “Platform”) is an AI-powered analytical tool designed to assess brand visibility in large language models (LLMs) by generating reports based on:
- business data provided by the client,
- publicly available data,
- simulated queries to external AI systems.
1.3. The Service is intended exclusively for business clients (B2B), i.e. entities conducting commercial activity (“Client”). Natural persons act solely as representatives of the Client.
1.4. By accepting these Terms, the Client enters into a SaaS service agreement with PromptEye (“Agreement”). The Agreement incorporates as integral parts:
- the PromptEye Privacy Policy (“Privacy Policy”),
- the Data Processing Agreement (“DPA”),
- any additional individual arrangements made in written or documentary form.
1.5. In the event of a conflict between these Terms and the provisions of a separately concluded written agreement, the provisions of that agreement shall prevail.
2. Definitions
For the purposes of these Terms, unless expressly stated otherwise, the following terms shall mean:
- Client – a business entity that enters into the Agreement with PromptEye and for whom the Service is provided.
- User – a natural person acting on behalf of or for the Client (employee, associate, authorised representative) who has been granted access to the Account.
- Account – the Client’s individual account on the Platform, enabling access to the Service.
- Client Data – all data (including personal data and business information) entered into the Service by the Client or Users, in particular prompts, brand names, analytical inputs, files, and analysis results.
- Reports – analytical outputs generated by the Platform based on Client Data, public data, and queries to external AI systems.
- Personal Data – personal data within the meaning of Article 4(1) of the GDPR.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
- Sub-processor – an entity processing Personal Data on behalf of PromptEye, as listed in the DPA.
3. Service Description and Disclaimers
3.1. PromptEye provides the Client with access to the Platform on a subscription basis (SaaS) within the scope of the selected plan (“Plan”).
3.2. The Service consists in particular of:
- enabling the input of Client Data (prompts, brand names, input data),
- conducting simulated queries to external AI systems,
- aggregating and analysing data,
- generating Reports.
3.3. Analysis results are indicative and probabilistic in nature. PromptEye does not guarantee:
- the accuracy or completeness of Reports,
- the achievement of specific business outcomes,
- that results will correspond to the actual behaviour of all AI systems on the market.
3.4. The Client acknowledges that results generated by AI models may vary over time and across different providers and model configurations, and do not constitute a faithful or guaranteed representation of the actual responses available to end users of any given AI system.
3.5. The Client acknowledges that Reports are a supplementary analytical tool and do not replace the Client’s independent business, legal, or decision-making analysis.
4. Accounts and Access to the Service
4.1. Use of the Service requires the Client to create an Account.
4.2. The Client is responsible for:
- the accuracy and currency of data provided during registration,
- the configuration and management of Users,
- maintaining the confidentiality of Account login credentials and passwords.
4.3. Any actions taken using valid Account login credentials shall be deemed actions of the Client or an authorised User.
4.4. PromptEye may suspend or block an Account in particular in the event of:
- a breach of these Terms or applicable law,
- failure to pay due fees,
- actions that threaten the security of the Platform or other users.
5. Acceptable Use Policy
5.1. The Client and Users undertake to use the Service in accordance with:
- these Terms,
- applicable law,
- good practices and principles of social conduct.
5.2. In particular, the following are prohibited:
- entering into the Service personal data of third parties (other than Users representing the Client), unless this has been expressly agreed and regulated in the Agreement and a corresponding DPA,
- using the Service in a manner contrary to law (e.g. in ways that infringe intellectual property rights, personal rights, data protection regulations, or trade secrets),
- attempting to circumvent security measures or conducting penetration testing without prior written consent from PromptEye,
- actions that destabilise the Platform or the infrastructure of PromptEye or its providers.
5.3. The Client bears full responsibility for Client Data entered into the Service, including its lawfulness and the absence of any infringement of third-party rights.
5.4. If PromptEye has reasonable grounds to suspect a breach of this section, it may:
- temporarily restrict functionalities,
- block access to specific Client Data,
- temporarily suspend the Account,
notifying the Client of the reasons within a reasonable time, unless doing so would be contrary to applicable law.
6. Data Processing, AI and Third-Party Providers
6.1. Client Data is processed solely for the purposes of providing the Service, ensuring security, and billing, in accordance with these Terms, the Privacy Policy, and the DPA.
6.2. Client Data (including prompts) may be transferred to external AI and infrastructure service providers, in particular to providers of large language models (LLMs) and cloud computing services, such as OpenAI (GPT models), Perplexity, DeepSeek, providers of response aggregation layers (e.g. AI Overview-type systems), and providers of infrastructure and tools supporting the Service (e.g. AWS, Convex, Mailchimp, Bitrix), on the terms set out in the DPA and the Privacy Policy. The list of providers may change and also includes other AI model and infrastructure providers used within the Service.
6.3. PromptEye does not use Client Data to train its own or third-party AI models beyond what is necessary to perform the Service.
6.4. PromptEye may use anonymised and aggregated statistical data (which does not constitute personal data) for the purposes of:
- developing and improving the Service,
- business analytics,
- creating aggregated market statistics,
provided that such data cannot be used to identify the Client or any specific individuals.
6.5. The rules for processing Personal Data as controller are governed by the Privacy Policy, and as processor — by the DPA.
7. Payments and Billing
7.1. The Service is provided on a subscription basis under the terms of the selected Plan (e.g. monthly or annually). Detailed pricing and plans are published on the PromptEye website or provided in a separate offer.
7.2. Failure to pay on time may result in immediate suspension of access to the Service until the outstanding amount is settled.
7.3. Unless otherwise agreed in writing, fees are non-refundable (including in the event of early termination of the Agreement by the Client, unused portions of a billing period, etc.).
7.4. Plan changes (upgrade/downgrade):
- an upgrade takes effect immediately, with the fee prorated for the remaining portion of the billing period,
- a downgrade takes effect at the beginning of the next billing period.
8. Availability and Security
8.1. The Service is provided with due care and on a best-effort basis. PromptEye does not guarantee uninterrupted availability of the Platform or full resilience against failures or external attacks, unless the parties expressly agree otherwise in a separate agreement (e.g. an SLA for enterprise clients).
8.2. Events that may cause downtime or operational limitations include in particular:
- maintenance and upgrade work,
- failures or limitations on the part of external providers (e.g. AI APIs, cloud providers),
- force majeure or other circumstances beyond PromptEye’s control.
8.3. PromptEye implements and maintains industry security standards, including at minimum:
- encryption of data in transit and at rest,
- role-based access control (RBAC),
- multi-factor authentication (MFA) capability,
- backups and disaster recovery mechanisms,
- event logging and monitoring,
- technical network and infrastructure protection measures.
8.4. The Client acknowledges that the backup mechanisms used by PromptEye are designed to ensure service continuity and system recovery after failures, and do not constitute a data archiving service or an on-demand data backup facility for the Client.
9. Intellectual Property and Rights to Reports
9.1. PromptEye retains all intellectual property rights to the Platform, including its software, interfaces, databases, visual design, and trademarks.
9.2. The Client retains rights to Client Data entered into the Service.
9.3. Reports generated by the Platform:
- are made available to the Client under a non-exclusive, non-transferable licence for the duration of the Agreement and — with respect to copies — indefinitely for the Client’s own business purposes,
- may be used by the Client within its business operations at no additional charge, subject to payment of the applicable subscription fees.
9.4. The Client is not entitled to:
- decompile, reverse engineer, or modify the Platform’s source code,
- provide third parties with access to the Platform as a SaaS service (e.g. reselling, white-labelling), unless otherwise agreed in writing by the parties.
10. Confidentiality
10.1. The parties undertake to keep confidential all confidential information obtained in connection with the performance of the Agreement, in particular:
- the other party’s technical and business information,
- Client Data,
- information about the Platform’s architecture and security measures,
unless disclosure is required by law or a public authority.
10.2. The confidentiality obligation applies for the duration of the Agreement and for a period of [e.g. 3–5 years] after its termination, except for information constituting a trade secret — in which case it applies without time limitation, unless otherwise provided by law.
10.3. The parties shall ensure that their employees, associates, and subcontractors are bound by confidentiality obligations no less stringent than those set out in this section.
11. Liability
11.1. Unless mandatory provisions of law provide otherwise, PromptEye’s total liability towards the Client under the Agreement, regardless of the legal basis (contractual, tortious, or otherwise), is limited to an amount equal to the total fees actually paid by the Client to PromptEye for the Service in the 6 (six) months preceding the event giving rise to the claim.
11.2. PromptEye shall not be liable for:
- loss of profits, loss of data, indirect or consequential damages,
- the consequences of business decisions made by the Client on the basis of Reports,
- damages arising from use of the Service in a manner contrary to these Terms or applicable law.
11.3. The above limitations do not apply to the extent that liability cannot be excluded or limited under mandatory provisions of law, in particular in the case of:
- damages caused intentionally,
- liability for breach of fundamental obligations regarding personal data protection and confidentiality, where this follows from mandatory provisions of law.
12. Term and Termination
12.1. The Agreement is concluded upon the Client’s acceptance of these Terms and creation of an Account.
12.2. The Client may terminate the Agreement at any time by deleting the Account or submitting an appropriate declaration via the communication channels provided by PromptEye (e.g. email, client panel). Termination does not entitle the Client to a refund of fees already paid, unless expressly agreed otherwise.
12.3. PromptEye may terminate the Agreement or suspend the Service with immediate effect in the event of:
- a material breach of these Terms or applicable law by the Client,
- persistent non-payment following a prior demand for payment,
- a determination that the Client’s use of the Service poses a material legal or security risk.
12.4. Termination of the Agreement does not affect:
- the validity of provisions concerning confidentiality, limitation of liability, and intellectual property,
- the obligation to retain accounting documentation and billing data for the period required by law,
- the rules for deletion of Client Data as set out in the DPA and the Privacy Policy.
13. Governing Law and Disputes
13.1. The Agreement is governed by Polish law, excluding its conflict-of-law rules.
13.2. Any disputes arising from or related to the Agreement shall be resolved by the courts of general jurisdiction having jurisdiction over PromptEye’s registered office, unless mandatory provisions of law provide otherwise.
14. Amendments to the Terms, DPA and Privacy Policy
14.1. PromptEye may amend the Terms, DPA, and Privacy Policy, in particular due to:
- changes in legislation or case law,
- changes to the Service’s functionality or manner of operation,
- changes to subcontractors or infrastructure,
- the need to clarify existing provisions.
14.2. PromptEye will notify the Client of significant planned changes at least 14 calendar days before they take effect, via a notice in the Panel or by email.
14.3. Continued use of the Service after the changes take effect constitutes acceptance of the amended documents. If the Client does not accept material changes, it may terminate the Agreement before the date those changes take effect.