Terms and Conditions

Version v1-2026-07-20, effective 20 July 2026. This is a translation of the German original provided for convenience; in case of discrepancies the German version at promptopoly.com/terms prevails.

Section 1 Provider, scope, definitions

(1) The provider and your contracting party is ma-kom agentur UG (haftungsbeschränkt), Merkelbach 12, 74541 Vellberg, Germany, represented by its Managing Director Pascal Sanwald. Email mail@promptopoly.com, phone (07907) 4090918. Further mandatory information can be found in our imprint.

(2) These terms apply to the use of the platform provided at promptopoly.com, including the free plan, the paid subscriptions and access to the AI gateway (hereinafter "the Service").

(3) The Service is aimed at both consumers (Section 13 of the German Civil Code, BGB) and traders (Section 14 BGB). Provisions that expressly apply to only one of these two groups are marked as such. Conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to their application.

(4) Definitions: Input is everything you transmit to an AI model through the Service (prompts, files, parameters). Output is the response returned by the model. Model providers are the third parties whose AI models we address on your behalf (Section 4). Billing period is the month or the year for which the fee is paid in advance.

Section 2 Registration and conclusion of contract

(1) Use of the Service requires a user account. Registration is open only to natural persons with full legal capacity and to persons who act on behalf of a company and are authorised to do so. The data provided upon registration must be accurate and must be kept up to date if it changes.

(2) Upon registration, a free contract of use for the free plan is concluded. There is no entitlement to registration.

(3) A paid subscription is concluded by selecting the desired plan and billing period during the order process, confirming these terms and completing the order via the button marked as entailing an obligation to pay. Before submitting the order, you can review and correct your entries. Payment is processed by our payment service provider Stripe. We confirm the conclusion of the contract without delay by email; this confirmation contains the contractual terms in text form (Section 126b BGB).

(4) We store the contract text including the version of these terms you confirmed. The contract language is German or English, at your choice.

Section 3 Description of services — what we owe

(1) PROMPTOPOLY is a platform for managing prompts and an access and intermediary service to third-party AI models. We do not operate the models ourselves. Our service consists of receiving your inputs, forwarding them to a suitable model provider, returning that provider's output to you, and billing, logging and securing this process.

(2) We do not owe any particular substantive result. AI models work on a probabilistic basis. The same input can produce different outputs; outputs may be factually incorrect, incomplete, outdated or unsuitable for your purpose. This is not a malfunction but the way the technology works, and therefore the contractually agreed characteristics of the Service. Section 6 sets out further details.

(3) The scope of functionality per plan follows from the plan overview on our website and from Sections 9 and 10 of these terms.

Section 4 Upstream model providers

(1) To provide the Service, we access third-party models. Models currently used are those of OpenAI, Anthropic, Google, Mistral AI, Microsoft Azure OpenAI Service, OpenRouter and Moonshot AI. We identify the models available at any given time and the providers behind them in the model overview within the Service.

(2) You are also obliged to comply with the terms of use of the respective model provider to the extent that these affect your use. We point out the relevant terms in the model overview. If you use the Service towards your own end users, you must pass these obligations on to them.

(3) There is no entitlement to any particular model. Models may be changed, degraded, made more expensive or discontinued by the model providers at any time. We have no influence over this. If a model ceases to be available, we will route requests to a comparable model where possible and inform you of material changes in text form (Section 126b BGB).

(4) If a model on whose use your subscription was evidently based permanently ceases to be available and we cannot replace it with a model comparable for your purpose, you are entitled to a special right of termination. In that case we will refund the fee for the unused remaining term on a pro rata basis.

(5) If a model provider fails, its response is delayed or it refuses a request, this does not constitute a breach of duty on our part, provided we are not responsible for the failure. Where technically possible and sensible for the request, we set up a fallback route to another provider. We do not charge you for requests that were not executed successfully.

Section 5 Availability, maintenance, disruptions

(1) We operate the Service with the due care required in business dealings and aim for an availability of 99 % on a monthly average. Within the self-service plans offered here we do not warrant any particular availability; an availability agreement with fixed key figures requires a separate agreement.

(2) The following periods are not counted towards availability:

• announced maintenance — we announce this at least 48 hours in advance where possible and schedule it, as far as possible, during periods of low demand;
• urgent security measures that cannot be postponed;
• an outage or disruption at a model provider or another upstream supplier (Section 4 (5));
• force majeure as well as disruptions of the internet, the power grid or third-party networks outside our area of responsibility.

(3) If the Service is unusable for more than 24 consecutive hours for a reason for which we are responsible, we will, upon request, credit you the pro rata fee for the downtime. Further statutory claims remain unaffected.

(4) Please report disruptions to mail@promptopoly.com.

Section 6 Outputs of the AI models

(1) Check outputs before every use. Outputs do not replace professional, legal, medical, tax or financial advice, nor your own review. We do not warrant that an output is correct, complete, up to date, free of third-party rights or suitable for your purpose.

(2) If you use the Service towards your own end users, you must inform them that they are interacting with an AI system and that outputs need to be checked.

(3) The Service may not be used as the sole basis for decisions in areas where errors may lead to harm to life, limb, health, substantial assets or critical infrastructure. Further details in Section 7.

(4) Rights in inputs and outputs. We acquire no rights in your inputs beyond what is necessary to provide the Service. As regards outputs, we grant you, in our relationship with you, all rights we hold in them. Whether and to what extent any intellectual property rights arise in an AI output at all has not been conclusively settled in law; we therefore do not warrant any particular legal position in an output. Individual model providers attach additional conditions to the use of their outputs — we set these out in the model overview and they take precedence over this provision.

(5) Outputs are not exclusive. Other users may receive identical or similar outputs.

Section 7 Permitted use

(1) You may not use the Service to

• violate applicable law or infringe third-party rights, in particular copyright, trade mark, personality or data protection rights;
• create or distribute malware, exploits or instructions for attacks on IT systems;
• develop weapons, explosives or chemical, biological, radiological or nuclear hazardous substances;
• impair critical infrastructure;
• generate depictions of child sexual abuse or other content that endangers minors;
• incite violence or hatred, denigrate groups of people or promote self-harm;
• deceive people — in particular through impersonation, fake reviews, phishing, fraud or plagiarism;
• deliberately spread disinformation or influence elections and democratic processes;
• biometrically identify, monitor or score people without a legal basis, or predict criminal offences;
• base automated decisions with significant legal or economic effect on the persons concerned solely on outputs;
• circumvent security measures, rate limits, allowances or content filters — including by using multiple accounts;
• resell the Service or our interface in whole or in part, pass on access keys or provide third parties with access for a fee, unless expressly agreed;
• use outputs to train, distil or replicate a competing AI model;
• reverse engineer the Service, systematically scrape it or place load on it beyond the contractually agreed extent.

(2) Security testing against the Service — even in good faith — requires our prior consent in text form (Section 126b BGB). Please write to us at mail@promptopoly.com.

(3) You are responsible for holding the rights required for your inputs and for ensuring that their transmission to the model providers (Sections 4 and 18) is permissible. Do not transmit personal data of third parties for which you lack a legal basis, and do not transmit special categories of personal data (Article 9 GDPR) unless a separate agreement exists for this.

Section 8 Your obligations, credentials, API keys

(1) Credentials and API keys must be kept secret and protected against third-party access. They must not be stored in publicly accessible source code or in client applications.

(2) You bear the responsibility and the cost for all usage that takes place via your account or your keys, unless you are not responsible for the misuse. Report any suspicion of a compromise to us without delay; we will then block the affected keys immediately.

(3) If you manage additional users within your account (team function), you are liable for their conduct as for your own and must pass on the obligations under Section 7 to them.

Section 9 Plans, prices, payment

(1) The prices displayed during the order process apply. All price statements towards consumers are final prices including statutory VAT. VAT is determined according to your place of residence or establishment; providing a billing address is therefore required.

(2) The fee is due in advance for the respective billing period and is collected via the payment method chosen. Billing is handled via Stripe; their payment terms apply in addition to the payment transaction.

(3) The contract renews automatically for a further billing period unless it is terminated in accordance with Section 12. For the yearly plan, the restriction under Section 12 (2) applies.

(4) If a payment fails, we will retry the collection and notify you. If payment remains outstanding for more than 14 days after the due date, we may suspend access to the paid functions until the arrears have been settled. We will notify you beforehand. Statutory claims arising from default remain unaffected.

(5) We provide invoices electronically; you will find them in your account.

Section 10 Allowances, credit, additional usage

Included allowances

(1) Each plan includes allowances — in particular for requests per day, for AI tokens, for storage space and for the number of team members. The values applicable in each case are set out in the plan overview and form part of the description of services. These are upper limits, not guaranteed minimum quantities.

(2) Included allowances relate to the respective period (day or month). Unused included allowances expire at the end of the period and are not carried over or reimbursed. They are part of the service paid for in that period and are not a credit balance.

(3) We may enforce compliance with the allowances by technical means and may reject or throttle requests that exceed them. A temporary failure to enforce does not give rise to any entitlement to exceed them permanently.

Purchased token credit

(4) In addition, you can purchase token credit as a one-off payment (currently 50,000 tokens for 5.00 € and 200,000 tokens for 18.00 €, each including VAT). This credit is added to your account once payment has been received.

(5) Purchased token credit is something different from an included allowance:

• It does not expire at the end of the month and remains in place across billing periods.
• It is consumed as soon as the included allowance for the current period is exhausted, in the order in which it was purchased.
• It remains usable for three years from the end of the year in which it was purchased.

(6) If the contract ends — for whatever reason and on whichever side — we will refund you, upon request, the amount attributable to unused token credit. This also applies where we terminate the contract for cause or suspend your access. Purchased credit is not forfeited as a sanction. We may set off claims for damages to which we are entitled against the refund amount; we will inform you of the reasons for doing so.

(7) Credit is not transferable and does not bear interest.

Additional usage beyond the allowance

(8) In the Plus and Pro plans, you can enable chargeable additional usage and set your own budget per billing period for it. Without enabling this, no additional costs arise — usage then simply ends with the allowance. The budget you set is a firm upper limit; once it is exhausted, further requests are rejected rather than charged. We disclose the rates for additional usage before you enable it.

Section 11 Changes to prices and services

(1) Our costs depend directly on the purchase prices of the model providers as well as on infrastructure, payment and tax costs. If these change, we may adjust prices and allowances in accordance with the following paragraphs.

(2) The price of the current billing period is fixed. An adjustment can take effect at the earliest at the start of the next billing period. We announce it at least six weeks in advance in text form (Section 126b BGB), stating the reason, the extent and the date.

(3) A change only becomes effective if you consent to it. Your silence or continued use of the Service does not constitute consent. If you do not consent, your contract continues on the previous conditions until the end of the current term and then ends without any need for termination. We will point this out separately in the announcement.

(4) If the costs referred to in paragraph 1 fall, we pass this on according to the same standards by which we implement increases.

(5) Towards consumers, we do not increase the fee within the first four months after conclusion of the contract.

(6) We may make changes to the scope of services that are prompted by changes at a model provider, by security requirements or by changes in the law, provided they are reasonable for you and preserve the character of the Service. We announce material changes in accordance with paragraph 2; in the case of a material change that is disadvantageous for you, paragraph 3 applies accordingly. Section 4 (3) and (4) remain unaffected.

(7) We may extend functions and plans and add new models at any time.

Section 12 Term and termination

(1) The free plan runs for an indefinite period and can be ended by you at any time by deleting your account. We may terminate it giving one month's notice.

(2) Paid subscriptions run for the chosen billing period and renew unless terminated:

• Monthly plan: termination at any time with effect from the end of the current billing period.
• Yearly plan: termination at any time with effect from the end of the first contract year. Thereafter the contract continues for an indefinite period and can be terminated giving one month's notice. If it ends in this way in the middle of a year that has already been paid for, we refund the fee for the unused remaining time on a pro rata basis.

(3) Termination is possible without giving reasons. You can declare it

• via the "Cancel contracts here" button on our website — no login is required for this;
• in your account under Account & Billing;
• informally by email to mail@promptopoly.com or by post to the address stated in Section 1.

(4) We confirm receipt of the termination and the date on which it takes effect without delay in text form (Section 126b BGB).

(5) Until the termination takes effect, you can continue to use the Service to the full extent of your plan. When the contract ends, access to the paid functions ends. You can export your stored content up to the end of the contract; afterwards we delete it in accordance with our privacy policy. Purchased token credit is handled in accordance with Section 10 (6).

(6) The right to terminate for cause remains unaffected for both parties (Section 14).

Section 13 Right of withdrawal

(1) Consumers have a statutory right of withdrawal. Details and the model withdrawal form can be found in our withdrawal notice.

(2) We activate the Service immediately after the contract is concluded. For this purpose we obtain, during the order process, your express request that we begin performance before the withdrawal period expires. Your right of withdrawal thereby remains in place for the full fourteen days. If you withdraw within the deadline, we will refund the amount paid in full; we do not charge compensation for value for the service already used and we do not invoke an early expiry of the right of withdrawal. This undertaking deliberately goes beyond the statutory minimum requirement.

(3) You can also declare the withdrawal electronically in your account under Account & Billing → Revoke contract. We confirm receipt without delay.

Section 14 Suspension, throttling, termination for cause

(1) We may throttle or suspend access in whole or in part, or terminate the contract for cause without notice, if

• you breach Section 7;
• a usage pattern occurs via your account that indicates misuse, a compromise of your credentials or a threat to operations;
• you are in default of payment under Section 9 (4);
• a model provider or an authority obliges us to do so;
• it is necessary to avert an immediate danger to the Service, to third parties or to us.

(2) We also use automated procedures to prevent misuse. Conspicuous usage patterns may result in an access key first being warned, then throttled and, in the event of repetition or severity, provisionally suspended. An automated suspension is a precautionary measure and not yet a decision on a breach.

(3) We announce a measure in advance and give you the opportunity to comment, unless imminent danger or a legal obligation prevents this. In such cases we provide the information subsequently without delay.

(4) We inform you of the specific reason for the measure, state the underlying facts and point out that you may object. Please address your objection to mail@promptopoly.com; we will review it and respond as a rule within seven working days.

(5) If a measure turns out to have been unjustified, we lift it without delay, restore access and credit you the fee for the downtime.

(6) In the case of a justified suspension or termination for cause, your claim to the service for the period of suspension lapses. Purchased token credit and fees paid in advance but not used will nevertheless be refunded to you in accordance with Section 10 (6); there is no forfeiture of amounts paid as a sanction.

(7) We may terminate the contract by ordinary notice without cause giving one month's notice to the end of a billing period. Fees already paid for the period thereafter will be refunded on a pro rata basis.

Section 15 Statutory rights in respect of defects

(1) The statutory provisions apply to the provision of the Service, towards consumers in particular Sections 327 et seq. BGB on contracts for digital products. We provide the Service for the term of the contract and keep it, including the necessary security updates, in a condition that conforms to the contract.

(2) The contractually agreed characteristics follow from Sections 3 to 6 of these terms and from the plan overview. In particular, the characteristics of AI outputs described in Section 3 (2) and Section 6 constitute agreed characteristics.

(3) Please report defects to mail@promptopoly.com. We will remedy them within a reasonable period.

(4) Towards traders, the limitation period for claims in respect of defects is twelve months from the statutory commencement of the limitation period; this does not apply to claims based on intent or gross negligence, on injury to life, limb or health, or in the cases covered by Section 16 (3).

Section 16 Liability

(1) We are liable without limitation for intent and gross negligence as well as for damage arising from injury to life, limb or health.

(2) In the case of simple negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation) — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such a case our liability is limited to the damage foreseeable at the time the contract was concluded and typical for this type of contract. For a service of this nature and price range, that damage as a rule corresponds to twelve times the monthly fee you last owed. Either party remains free to prove a higher or lower foreseeable amount of damage.

(3) Liability under the German Product Liability Act, liability arising from a guarantee we have assumed and liability for fraudulent concealment of a defect remain unaffected.

(4) Any further liability is excluded. This applies in particular to damage arising from your use of an output without checking it (Section 6 (1)), as well as to outages and failures of a model provider for which we are not responsible (Section 4 (5)).

(5) For the loss of data we are liable only up to the amount of the effort that would have been required for recovery had you carried out proper and regular data backups.

(6) The above limitations also apply for the benefit of our legal representatives, employees and vicarious agents.

Section 17 Indemnification

If you culpably breach Section 7 or Section 8 and a third party asserts claims against us as a result, you shall indemnify us against these claims and against the costs of the necessary legal defence. We will inform you of the claim without delay and give you the opportunity to comment; we will not enter into any settlement without your consent. Further claims remain unaffected. Towards consumers, this provision applies only within the framework of the statutory law of damages.

Section 18 Data processing and logging

(1) Details of the processing of personal data are governed by our privacy policy. We highlight the following points because they are material to the use of the Service.

(2) Your inputs are transmitted to the respective model provider (Section 4 (1)). Some of these providers process data outside the European Union. We have concluded the necessary agreements with them; the details and the legal bases for the third-country transfer are set out in the privacy policy.

(3) We log usage. In addition to metadata (time, model, provider, token count, cost, status), we also store outputs of the models and an extract of your input for the purposes of billing, troubleshooting, misuse detection and avoiding duplicate processing. The storage duration and the deletion periods are described in the privacy policy. If your inputs contain content that should not be logged, please contact us before use — for such cases we agree separate terms.

(4) We do not train any AI models with your inputs or outputs. Whether an individual model provider does so is governed by that provider's terms; we disclose this in the model overview so that you can make your selection accordingly.

(5) If you process personal data via the Service for which you are the controller under data protection law, we will, upon request, conclude a data processing agreement with you pursuant to Article 28 GDPR.

Section 19 Rights in the platform, feedback

(1) All rights in the platform, its software, its design and its signs and marks remain with us or our licensors. For the term of the contract, you receive a simple, non-transferable right to use it in accordance with the contract.

(2) If you send us suggestions for improvement, we may use them free of charge and without any time limit to further develop the Service. This does not give rise to any entitlement to implementation or remuneration.

Section 20 Changes to these terms

(1) We may change these terms if this becomes necessary due to a change in the legal situation or in supreme court case law, due to a change in the scope of services or due to a change at a model provider, and you are not thereby disadvantaged contrary to good faith.

(2) We announce the amended version at least six weeks before it comes into force in text form (Section 126b BGB) and identify the changes in doing so.

(3) Changes to the primary contractual obligations — in particular to fees, allowances and the scope of services — only become effective with your consent. Your silence does not constitute consent in this respect; Section 11 (3) applies.

(4) In the case of other changes, you may object to the new version up until it comes into force. If you object, we may terminate the contract by ordinary notice as of the date it comes into force; fees already paid for the period thereafter will be refunded on a pro rata basis. We will point out the right of objection and its consequences separately in the announcement.

(5) The version applicable at any given time is available at promptopoly.com/terms. We will make earlier versions available to you upon request.

Section 21 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected — the choice of law does not deprive you of that protection.

(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business. Towards consumers, the statutory places of jurisdiction apply.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. We point to Section 37 of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG): in the event of a specific dispute, we will inform you of the competent arbitration board.

(4) Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

(5) You are entitled to set-off only with counterclaims that are undisputed or have been established by a final and binding court decision. This restriction does not apply to counter-rights arising from the same contractual relationship.