Terms of Use

Last updated: March 2, 2026

1. Agreement to Terms

By downloading, installing, or using the Prosepal mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Prosepal ("we", "our", or "us"). We may update these Terms at any time, and your continued use of the App constitutes acceptance of the updated Terms.

2. Description of Service

Prosepal is an AI-powered message generation service that helps users create personalized messages for various occasions including birthdays, thank yous, congratulations, sympathy, and more. The App uses artificial intelligence to generate message suggestions based on your inputs.

3. Eligibility

You must be at least 13 years old (or 16 in the EEA/UK) to use Prosepal. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Accounts

You can use limited free features without creating an account. An account is required for subscription features and account-based actions (for example purchase restore and account deletion). Where offered, accounts may use Apple Sign In, Google Sign In, or email/password. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscriptions and Payments

Prosepal offers free and paid subscription tiers:

Free Tier:

• 1 message generation (lifetime limit per device)
• Each generation creates 3 message options to choose from

Pro Subscription:

• Available as weekly, monthly, or yearly plans
• Up to 500 message generations per calendar month
• Each generation creates 3 message options to choose from

Billing Terms:

• Payment is charged to your Apple ID (iOS) upon purchase confirmation
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• You can manage and cancel subscriptions in your device account settings (Apple: Settings → [Your Name] → Subscriptions)
• No refunds are provided for partial subscription periods or unused generations
• Prices may vary by region and are subject to change with notice
• Subscriptions are tied to your Apple App Store account

6. Usage Limits and Fair Use

Pro subscribers get a generous monthly allowance for normal personal use, subject to the following limits:

• Free tier: 1 message generation per device (lifetime), creating 3 message options to choose from
• Pro tier: 500 generations per calendar month, creating up to 1,500 message options
• This limit is designed to prevent automated abuse while giving normal personal users plenty of room
• Monthly limits reset on the 1st of each calendar month
• Rate limits apply to prevent automated abuse
• We reserve the right to adjust limits or suspend accounts engaged in abuse

If you have a legitimate need for higher volume (for example, professional greeting card services), please contact us to discuss options.

Attempts to circumvent usage limits (including but not limited to creating multiple accounts, device spoofing, or automated access) constitute a violation of these Terms.

7. Acceptable Use Policy

You agree NOT to use Prosepal to:

• Generate harmful, threatening, abusive, defamatory, or harassing content
• Create spam, phishing messages, or unsolicited communications
• Generate content that promotes violence, hatred, or discrimination
• Create sexually explicit or obscene content
• Impersonate others or misrepresent your identity
• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights of others
• Attempt to reverse engineer, decompile, or hack the App
• Circumvent any security features or usage restrictions
• Use automated scripts, bots, or scrapers
• Resell or commercially exploit generated content without permission

We reserve the right to review content and suspend accounts that violate this policy.

8. AI-Generated Content

Important Disclaimers:

• Messages are generated by artificial intelligence and may contain errors, inaccuracies, or inappropriate content
• Generated content is provided "as-is" without warranties of fitness for any particular purpose
• You are solely responsible for reviewing, editing, and approving messages before use
• We do not guarantee that generated content will be appropriate for your specific situation, recipient, or cultural context
• AI outputs may occasionally produce unexpected or nonsensical results

Your Responsibility: Always review generated messages before sending. You bear full responsibility for any messages you choose to use or send to others.

9. Intellectual Property

Our Property: The Prosepal App, including its design, features, code, graphics, and branding, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Your Content: You retain ownership of the personal details and inputs you provide. By using the App, you grant us a limited license to process this data solely for the purpose of generating messages.

Generated Messages: Messages generated by the App are provided for your personal use. You may use, modify, and share generated messages freely for non-commercial purposes.

10. Privacy

Your use of Prosepal is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to our data practices as described in the Privacy Policy.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, or COMPLETENESS of generated content
• UNINTERRUPTED or ERROR-FREE operation
• FREEDOM FROM VIRUSES or harmful components

We do not warrant that the App will meet your requirements or expectations.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, data, goodwill, or other intangible losses
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for any damages arising from your use of generated messages

Some jurisdictions do not allow limitation of liability, so some of these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Prosepal and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your use or distribution of generated messages

14. Termination

By You: You may stop using the App at any time. If you have an account, you may also delete it through the App settings.

By Us: We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct harmful to other users or our service
• Extended periods of inactivity
• Any other reason at our sole discretion

Upon termination, your right to use the App ceases immediately. Sections regarding intellectual property, disclaimers, limitations of liability, and indemnification survive termination.

15. Dispute Resolution

Informal Resolution: Before filing any legal claim, you agree to try to resolve disputes informally by contacting us at jarryd@prosepal.app. We will attempt to resolve the dispute within 30 days.

Binding Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or class arbitrations.

Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the service.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the courts of Delaware.

17. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Prosepal regarding the App and supersede any prior agreements or communications.

20. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21. Assignment

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

22. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through:

• An in-app notification
• An update to the "Last updated" date
• Email notification for significant changes (if you have provided an email)

Continued use of the App after changes constitutes acceptance of the revised Terms.

23. Contact

For questions about these Terms, please contact us at:
jarryd@prosepal.app