Better Prompt Terms of Use

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.

1. About the Website

  1. Welcome to Better Prompt, Betterprompt.com or any Better Prompt Properties (hereafter referred to as 'Website') and our generative AI prompt tools or prompt rocket (hereafter referred to as 'Services').
  2. The Website is operated by Better Prompt Pty Ltd (ABN 77 692 928 420). Access to and use of the Website, and any associated products or the Services, is provided by Better Prompt subject to these terms of use (the ‘Terms’). Please read the Terms carefully. By using, browsing or reading the Website or Services, you acknowledge that you have read, understood and agree to be bound by the Terms and our Privacy Policy. If you do not agree to the Terms, you must cease using the Website, and Services immediately.
  3. Better Prompt may review and change the Terms at any time by updating this page. When the Terms are updated, Better Prompt will use reasonable endeavours to provide you with notice of any material changes. Changes take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by continuing to access or use the Website or Services. You may also accept the Terms by clicking to accept or agree where this option is made available to you in the user interface.

3. Subscription to use the Services

  1. In order to access the Services, you may be required to purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
  2. By purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your intended use.
  3. Once you have purchased a Subscription, you will be required to register for an account through the Website before you can access the Services (the 'Account').
  4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. an email address
    2. preferred username
    3. a password
  5. You warrant that any information you provide to Better Prompt during registration will be accurate, complete and up to date and you will promptly update your details as needed.
  6. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted access to the Services from the time your Account is activated until the subscription period expires (the 'Subscription Period').
  7. You must not use the Services and may not accept the Terms if:
    1. you are not of legal age or otherwise lack capacity to form a binding contract with Better Prompt under the laws of your jurisdiction; or
    2. you are a person barred from receiving the Services under the laws of Australia or other applicable jurisdictions, including the laws in the country where you are resident or from which you use the Services.

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following:
    1. you will use the Services only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate suspension or cancellation of the Services;
    3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Better Prompt of any unauthorised use of your password or email address or any breach of security of which you become aware;
    4. access and use of the Website is limited, non-exclusive, non-transferable and revocable, and allows for the sole use of the Website by you for the purposes of Better Prompt providing the Services;
    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Better Prompt;
    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes, but is not limited to:
      1. collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      2. using our Services or the Website in a way that infringes, misappropriates or violates anyone’s rights.
      3. modifying, copying, leasing, selling or distributing any of our Services;
      4. attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
      5. attempting to gain unauthorised access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means;
      6. misrepresenting any prompts or outputs generated by the Website or the Services as human-generated where they were AI-generated; or
      7. using prompts or outputs generated by the Website to develop models that compete with Better Prompt.
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Better Prompt for any illegal or unauthorised use of the Website; and
    8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

  1. Where the option is available, you may make payment of the Subscription Fee by way of Google Subscriptions (‘Google Play’).
  2. All payments made in the course of your use of the Services are processed using Google Play. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Google Play terms and conditions which are available on their website.
  3. You acknowledge and agree that where a request for payment of the Subscription Fee is returned or denied, for any reason, by your financial institution or is unpaid by you for any reason, you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
  4. You agree and acknowledge that Better Prompt may vary the Subscription Fee (on reasonable notice) and that the varied Subscription Fee take effect at the conclusion of your existing Subscription Period.

6. Refund Policy

  1. We will provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the Services or if Better Prompt, in its absolute discretion, determines it is reasonable to do so in the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
  2. Nothing in this Refund Policy limits any rights you may have under the Australian Consumer Law. Where payments were made via Google Play, refunds may be subject to Google Play’s refund processes and policies.

7. Copyright and Intellectual Property

  1. The Website, the Services and all related products of Better Prompt are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by BetterPrompt Pty Ltd or the respective third party contributors.
  2. All trademarks, service marks and trade names are owned, registered and/or licensed to Better Prompt Pty Ltd, who grants you a worldwide, non-exclusive, royalty-free, revocable licence, whilst you are a Member, to:
    1. use the Website pursuant to the Terms;
    2. copy and store pages from the Website and the material contained on the Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and non-commercial use,
    4. but this does not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by Better Prompt.
  3. Better Prompt retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:
    1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit any business name, trading name, domain name, trade mark or industrial design, or
    3. thing, system or process that is the subject of a patent, registered design or copyright (or any adaptation or modification of such a thing, system or process).
  4. You may not, without the prior written permission of Better Prompt and the permission of any other relevant third party rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use (such as code uploaded to GitHub) or are in the public domain.

8. Privacy

  1. Better Prompt takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Better Prompt’s Privacy Policy, which is available on the Website.

9. General Disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which may not be limited or excluded.
  2. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    2. Better Prompt will not be liable for any special, indirect or consequential loss or damage, loss of profit, loss of opportunity, loss of data, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors or licensors of Better Prompt makes any express or implied representation or warranty about the Services or any products or services (including the products or services of Google, GitHub, Microsoft, Apple, W3, Mozilla or others) referred to on the Website. This includes (without limitation) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its related products or services (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Services or any of the products or services of Google, GitHub, Microsoft, Apple, W3, Mozilla; and
    4. the Services or operation in respect to links which are provided for your convenience.
  4. To the extent permitted by law, we are not liable to you for:
    1. errors or omissions on the Website, or on linked sites on the internet;
    2. delays to, interruptions of or cessation of the Services provided on the Website or linked sites;
    3. any interference with or damage to your own computer system which arises in connection with your use of the Website, or linked sites; and
    4. defamatory, offensive or illegal conduct of any other user of the Website.
  5. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing or using the Website.
  6. Where the content provided by others contains opinions or judgments of third parties, we do not purport to endorse those opinions or judgments, nor the accuracy or reliability of them.
  7. Whilst we will undertake reasonable efforts to protect the information which we transmit and receive in accordance with our Privacy Policy, we do not warrant the security of any information which you transmit to us, and you are responsible for ensuring you have retained appropriate backups of any information which you may provide to us.

10. Limitation of liability

  1. Better Prompt total aggregate liability arising out of or in connection with the Services, the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited, to the maximum extent permitted by law, to the resupply of the Services to you. Nothing in this clause limits any rights or remedies that cannot be excluded under the Australian Consumer Law.
  2. You expressly understand and agree that Better Prompt, its affiliates, employees, agents, contributors and licensors shall not be liable to you, to the extent permitted by law, for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, loss of data, or business reputation and any other intangible loss.
  3. The Website may contain links to sites on the internet owned and operated by third parties which are not under our control.
  4. In relation to the other sites on the internet, which are linked on the Website, we:
    1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
    2. are not responsible for the material contained on those linked sites and do not accept any liability howsoever arising from your use of those linked sites.

11. Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Better Prompt as set out below.
  2. If you want to terminate the Terms, you may do so by:
    1. not renewing the Subscription prior to the end of the Subscription Period;
    2. providing Better Prompt with 3 days' written notice of your intention to terminate; and
    3. closing your accounts for all of the services which you use, where has made this option available to you.
  3. Your notice should be sent, in writing, to Better Prompt via the 'Contact Us' link on our homepage.
  4. On termination, you must immediately pay any and all outstanding invoices or any charges or fees incurred as a result of your access and use of the Website or the Services before the date of termination.
  5. Better Prompt may at any time, terminate or suspend the Terms with you if:
    1. you do not renew the Subscription at the end of the Subscription Period;
    2. you have breached any provision of the Terms or intend to breach any provision;
    3. Better Prompt is required to do so by law;
    4. the provision of the Services to you by Better Prompt is, in the opinion of Better Prompt, no longer commercially viable.
  6. Subject to applicable laws, Better Prompt reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Better Prompt’s name or reputation or violates the rights of those of another party.
  7. You agree that we will not be liable for any costs, losses or damages of any kind that may arise from any such interruption, suspension, termination or alteration pursuant to this clause.
  8. Termination does not affect any accrued rights or liabilities of either you or us, nor does it affect any provision which is expressly or by implication intended to operate after termination.

12. Indemnity, Guarantee and Warranty

  1. You agree to indemnify Better Prompt, its affiliates, employees, agents, contributors:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, losses and damages (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the content you input into the Website;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms.
  2. You guarantee and warrant that you:
    1. hold all intellectual property rights in the content which you upload to the Website and/or have obtained any relevant consents which may be required under applicable privacy legislation for the use and disclosure of such information; and
    2. you indemnify us from any damages, costs, losses or liabilities which may arise from our use of the content in accordance with the Terms.
  3. By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
    1. for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, these Terms of Use;
    2. use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
    3. sublicence to any third parties the unrestricted right to exercise any of the rights granted in subclause (b), provided that, where such use is not for the purpose of complying with these Terms of Use, all personal and sensitive information will be removed from the information and materials before such information and/or materials is made available to any other person.

13. Dispute Resolution

  1. Compulsory: If a dispute arises out of or relates to the Terms, either party must not commence any tribunal or court proceedings in relation to the dispute, until the following clauses have been complied with (except where urgent interlocutory relief is sort).
  2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
    1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If the Dispute is not resolved within 14 days after receipt of the Notice, refer the Dispute to the Resolution Institute for facilitation of a mediation in accordance with the Resolution Institute Mediation Rules; and if within 14 days after referral the parties have not agreed upon the mediator or other relevant particulars, the mediator and any other relevant particulars will be determined in accordance with the Resolution Institute Mediation Rules.
    3. The Parties are equally liable for the fees and reasonable expenses of thee mediator and the cost of the venue of the mediation.
    4. Each party must each pay their own costs associated with the mediation;
    5. The mediation will be held in Western Australia, Australia.
  4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  5. Termination of Mediation: If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by Better Prompt is an organisation in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

15. Governing Law

These Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without regard to conflict of law principles. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Each party confirms and declares that the provisions of the Terms are fair and reasonable and that each have had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall continue in full force and effect.

18. Updated

These terms have been updated on the .