Terms of Service

1. Agreement to Terms

By accessing or using Prysmera.ai ("Service," "Platform," "we," "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Prysmera.ai provides an AI-powered website assistant that:

• Analyzes visitor behavior and engagement patterns
• Detects buying intent and proactively guides visitors
• Delivers personalized interventions ("Moments") via widgets
• Provides analytics and insights through a dashboard
• Integrates with websites via JavaScript SDK

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and current

4. Subscription Plans and Billing

4.1 Subscription Tiers

Prysmera offers the following subscription plans:

4.2 Payment Terms

• All fees are in USD and billed monthly in advance
• Payment is processed via Stripe on your billing date
• Subscriptions auto-renew unless canceled
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension after 3 days

4.3 Usage Limits

Each plan includes a monthly "Moments" quota:

• A "Moment" is a single AI-powered intervention delivered to a visitor
• Overage charges: $0.01 per additional Moment beyond plan limits
• Usage resets on the first day of each billing cycle
• Real-time usage tracking available in dashboard

4.4 Refunds

Subscription fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds for partial months or unused Moments.

5. Cancellation and Termination

5.1 Cancellation by You

• You may cancel your subscription at any time via the dashboard
• Cancellations take effect at the end of the current billing period
• You retain access to paid features until the end of your billing cycle
• After cancellation, your account converts to a free (view-only) tier

5.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or abusive behavior
• Fail to pay fees for 15 days after notice
• Use the Service in a manner that harms our systems or other users

6. Acceptable Use Policy

6.1 Permitted Use

You may use Prysmera to:

• Enhance visitor experience on your legitimate websites
• Increase conversions through ethical engagement
• Analyze visitor behavior for business insights
• Provide proactive customer support

6.2 Prohibited Use

You may NOT use Prysmera to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Collect sensitive personal data without consent (e.g., passwords, SSNs, credit cards)
• Deploy on websites with illegal, harmful, or adult content
• Spam, phish, or deceive visitors
• Reverse-engineer, decompile, or modify the SDK
• Resell or redistribute the Service without authorization
• Overload our systems with excessive API requests

7. Intellectual Property

7.1 Our Property

Prysmera.ai, our SDK, dashboard, AI models, analytics engine, and all related technology are owned by us and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service.

7.2 Your Data

You retain all rights to your website content and visitor data. By using Prysmera, you grant us a license to process and analyze this data solely to provide the Service. We do not sell your data to third parties.

8. Privacy and Data Protection

Our use of your information is governed by our Privacy Policy. By using Prysmera, you consent to our data practices as described in that policy. For business customers processing personal data on behalf of their users, a Data Processing Agreement is available.

9. Service Availability and Support

9.1 Uptime Commitment

We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

9.2 Customer Support

• Free Trial: Email support, 48-hour response time
• Starter/Growth: Email support, 24-hour response time
• Professional: Priority email support, 12-hour response time
• Enterprise: Dedicated account manager, Slack/phone support

10. Disclaimers and Limitations of Liability

10.1 "As-Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 AI Accuracy

While our AI models are trained on extensive data, we do not guarantee 100% accuracy in intent detection, recommendations, or analytics. You are responsible for reviewing and approving AI-generated content before deployment.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRYSMERA.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Prysmera.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on our website. Continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any disputes shall be resolved through:

• Informal Negotiation: Contact us first to resolve the issue
• Binding Arbitration: If negotiation fails, disputes will be resolved through binding arbitration in [Your Jurisdiction]
• Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Prysmera.ai.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

14.3 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Information