TERMS OF SERVICE AGREEMENT
Welcome to Prompty! We are committed to providing a platform that enables users to create effortless, meaningful connections. These Terms govern your use of the Prompty web-app and other products, features, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.
This Agreement (the 'Agreement') is a legally binding contract entered into by and between Prompty ('Company') and the user ('User') accessing or using the Company's services ('Services'). By accessing or using our Services, you acknowledge and agree that you have read, understood, and agree to be bound by the terms and conditions of this legally binding Agreement. If you do not agree with any part of this Agreement, you should not access or use our Services.
1. The Services We Provide
At Prompty, we aim to create an inclusive and engaging environment for you to develop and foster connections with others, and to collaborate with business, events, and communities. To support this, we offer the following services:
- a)
Building connections using real-world interactions
Prompty enables you to connect with individuals, groups, businesses, and organizations using Near Field Communication (NFC) enabled products such as cards or stickers, and Quick Response (QR) codes. When you connect with others, their profiles will be saved to your list of “My Connections” once the other user has accepted your request.
- b)
Privacy control and data sharing permissions
Prompty ensures that you can easily control the information that you choose to share individuals, groups, businesses, and organizations that you connect with. New connections are directed to “Pending Connections”, which you then assign a desired level of visibility. Using the “My Connections” menu, data visibility settings of those you have met are able to be edited at any time and connections can be removed from your list of connections entirely.
- c)
Data minimization and personalized profiles
In adherence with the international standard of General Data Protection Regulations (GDPR), Prompty requires a minimal amount of data for creating an account and connecting with others. Your name, preferred pr-noun, if you would like your preferred pronoun to be visible to others, and your preferred e-mail for registration and authentication purposes are all that is required to create an account.
Your personalized profile, which can include information such as social media links, contact information, social media links, and websites can be added, changed, or removed at the any time.
- d)
Importing profiles to external contact management services
Profiles on Prompty can be saved as contacts on smartphones, based on the visibility setting that has been chosen to be shared, using the “Download Contact” icon located on a user’s profile directly below the profile picture. The downloaded profiles can also be added as contacts to contact management software, such as Microsoft Outlook. This functionality ensures that the profiles of every individual you meet is managed using your preferred method.
- e)
Notes and contact management
Users can interact with the connections that they have made by editing the “First Connected” location (event-based locations met are unable to be changed), updating visibility settings, and create personalized notes.
Personalized notes and visibility permissions can be accessed by clicking on the emoji on the lower right of the profile picture when viewing a connection’s profile. Personalized notes and visibility settings are kept confidential and are never shared. “First Connected” location can be updated for any non-event-based locations by switching the “My Connections” page to table view, selecting the edit icon in the upper right, editing the “Location Met” field, and clicking the accept icon in the upper right.
2. How our Services are funded
The platform is funded through a combination of a freemium services and direct sales:
- a)Freemium: Users can utilize the core features of Prompty completely free of charge. There are currently no “non-core” features available on Prompty. Once “non-core” features are implemented, there will be various premium and professional subscription options that users may choose to purchase. Additional features that are planned include the ability to view analytics, utilize cosmetic improvements, and to gain early access test and experience new features.
- b)Direct Sales: Prompty sells physical products, such as cards and stickers, and event and community management services. The revenue generated from the sale of these products and services, combined with the freemium subscription model, allow Prompty to offer access to users to utilize its core service offerings free of charge.
3. Use of the Services and License
Subject to your compliance with this Agreement, Prompty grants you a limited, non-exclusive, non-transferable, revocable, and personal license to access and use the Services. This license is solely for the purpose of supporting your use of the Services and the platform, and it is contingent upon you creating an account on the Prompty platform. Your use of the Services and this license are further subject to your ongoing compliance with these Terms.
4. What you can share and do with Prompty services
We want people to use our products and services to connect with others, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- a)Probe, scan, or test the vulnerability of any system or network used with the Services.
- b)Decompile, reverse engineer, disassemble, hack, tamper with the Services, disable, or circumvent any security or authentication measures of the Services, or attempt to gain or grant any other person unauthorized access to the Services (or any portion thereof) or related systems, networks, or data.
- c)Modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network, or data.
- d)Access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Services in any medium, including, without limitation, by any automated or non-automated "scraping."
- e)Copy, frameset, enclose, or otherwise sell, distribute, transmit, or broadcast any part of the Service.
- f)Modify or create any derivative work of any part of the Service.
- g)Disable, interfere with, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any content, or enforcing the limits on the use of the Service.
- h)Use the Services to use, reproduce, distribute, or display content or material that is in a way that is pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property into disrepute.
- i)Use the Services to violate the privacy of others or to collect or gather other users' personal or confidential information (including account information) from our Services.
- j)Permit or encourage anyone else to commit any of the actions above.
Without affecting any other remedies available to us, Prompty reserves the right to permanently or temporarily terminate or suspend your account or access to the Services without notice or liability if Prompty (in its sole discretion) determines that you have violated any of these Terms.
These are the Terms that apply to both the organization that has set up a Prompty account (referred to as the "organization," or "subscriber") and the end user who participates in that account using their own individual Prompty account ("You," the "individual," or "user"). It is important to note that Prompty reserves the right to update and change the Terms of Service periodically, without any prior notice. Any new features that enhance or supplement the current Service, including the introduction of new functionality, tools, and resources, will also be subject to these Terms of Service.
Prompty reserves the right to modify or amend these Terms of Service at any time. We will make reasonable efforts to notify Users of any significant changes to these Terms. Notification methods may include, but are not limited to, sending an email to the account, providing notice through the Services, or posting a notice on our website.
The effective date of any significant changes to these Terms will be clearly stated in the updated version. By continuing to use the Services after the effective date of the revised Terms, you acknowledge and agree to be bound by the updated Terms. If you do not agree with the changes, you should discontinue your use of the Services. We encourage you to review these Terms regularly to stay informed about any updates.
5. Content and Responsibility
Violation of any of the terms outlined may result in the suspension or termination of your Account. You are solely responsible for any content you upload, post, or share through the Services. While Prompty strictly prohibits certain conduct and content on the Service, including content that may infringe on third-party rights, it is important for you to understand and acknowledge that you, as a user, bear full responsibility for the content you contribute.
You agree that Prompty cannot be held responsible for the Content posted on the platform by users, and you may potentially be exposed to materials that do not comply with our terms or infringe upon third-party rights. By using the Service, you agree to do so at your own risk and accept all liability for any infringement or violation of third-party rights caused by your content. Prompty reserves the right to take appropriate action in response to any violations of these terms, including the removal of offending content, suspension, or termination of accounts, and you may be held legally responsible for any harm caused by your content. Review our Privacy Policy for more information here.
6. Intellectual Property
The Company retains all rights, title, and interest in and to its intellectual property rights, including but not limited to trademarks, copyrights, and trade secrets. Users are prohibited from using, modifying, reproducing, or distributing any intellectual property without prior written consent from the Company.
7. Limitation of Liability
Users agree that the Company shall not be held liable for:
- a)any direct, indirect, incidental, consequential, or punitive damages.
- b)any disruption or interruption of Services due to causes beyond the Company's control.
- c)any third-party content, services, or websites accessed through the Services.
8. Termination
The Company reserves the right to suspend or terminate access to the Services at any time without prior notice if a User violates these Terms of Service. Sections 3, 4, and 5 (Use of the Services and License, Unacceptable Use, Termination) shall survive the termination of this Agreement.
9. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Alberta, Canada.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Company and Users regarding the Services and supersedes any prior agreements or understandings.