Prometheus Data, Inc. (“Prometheus Data,” “we,” “us,” or “our”)
These Terms of Use (“Terms”) govern your access to and use of (a) the website at prometheusdata.io and any subdomains (the “Site”), and (b) our software-as-a-service AI agent products, interfaces, APIs, and related services (collectively, the “Services”). By accessing or using the Site or Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or Services.
1) The Services; Accounts
1.1 What we provide. The Services help small businesses receive and process multi-channel inputs (e.g., emails, SMS, phone calls, images), structure data (e.g., orders, receipts), assist with pricing/invoicing, and sync with third-party systems (e.g., accounting platforms). Some features include automations (e.g., message replies, invoice creation) that you configure.
1.2 Eligibility. You must be at least 18 (or the age of majority where you live). If you use the Services on behalf of an entity, you represent that you are authorized to accept these Terms on its behalf.
1.3 Accounts. You must provide accurate, current information and keep it updated. You are responsible for all activity under your account and for safeguarding credentials.
1.4 Beta/preview features. Features labeled alpha/beta/preview are provided “as is,” may change, and may be discontinued without notice.
1.5 No professional advice. The Services do not provide legal, tax, accounting, investment, or professional advice.
2) Your Content and Data
2.1 Definitions. “Customer Data” means information, content, and materials you (or your end users) submit to or through the Services (e.g., emails, texts, call audio/transcripts, images, SKUs, prices, invoices, inventory, contacts, and data from connected systems).
2.2 Ownership. You retain all right, title, and interest in your Customer Data.
2.3 License to Prometheus Data. You grant Prometheus Data a non-exclusive license to host, process, transmit, display, and adapt Customer Data solely to: (i) provide, maintain, secure, and troubleshoot the Services; (ii) prevent fraud, abuse, and security incidents; and (iii) comply with law. We do not acquire ownership of Customer Data.
2.4 Your responsibilities. You are responsible for: (i) obtaining all notices, permissions, and consents from your end users/customers (e.g., call-recording disclosures, SMS consent), (ii) the accuracy of Customer Data, (iii) configuring integrations/automations, and (iv) complying with applicable laws (e.g., TCPA, CAN-SPAM, call-recording/consent, privacy).
3) Acceptable Use
You will not (and will not permit others to): (a) use the Services for unlawful, harmful, fraudulent, or infringing purposes; (b) transmit malware or interfere with the Services; (c) attempt to gain unauthorized access or circumvent security; (d) send spam or unlawful automated messages; (e) use the Services to create/train competing models or products; (f) violate third-party rights (IP, privacy, publicity); or (g) exceed fair-use or documented API limits. We may throttle, suspend, or terminate for abusive or excessive usage.
4) Third-Party Services and Integrations
4.1 Integrations. The Services may integrate with or link to third-party applications (e.g., accounting, communications, storage). Your use of third-party services is governed by those providers’ terms and privacy policies. We are not responsible for third-party services.
4.2 Data flows. You authorize us to exchange Customer Data with enabled integrations in order to operate the Services you configure.
5) AI, Automation, Calls, and Recordings
5.1 AI can make mistakes (important). AI outputs may be inaccurate, incomplete, or out-of-date. You must review and verify important information before using or relying on any output (e.g., item names, units, quantities, prices, payment instructions). Maintain appropriate human review for material actions.
5.2 Call/SMS consent. If you enable voice agents, call handling, or recording, you must provide all legally required disclosures and obtain required consents (including two-party consent where applicable). You must honor opt-out requests for automated calls/SMS where required by law.
5.3 Model improvements. Unless you provide prior written consent, we do not use your Customer Data to train generalized foundation models. We may use aggregated or de-identified telemetry to improve reliability, safety, and performance.
6) Subscription Plans; Billing; Taxes
6.1 Plans and fees. Certain features require paid subscriptions. We may change plan features, pricing, and usage limits from time to time.
6.2 Billing authorization. You authorize us or our payment processors to charge your payment method for subscription fees, applicable taxes, and usage/overage charges. Fees are generally non-refundable unless required by law or expressly stated otherwise.
6.3 Renewals and cancellation. Subscriptions renew for successive terms (e.g., monthly) unless canceled. You can cancel in your account settings; cancellation takes effect at the end of the then-current term.
6.4 Non-payment. We may suspend or terminate access for late or failed payments.
7) Confidentiality; Security
7.1 Confidential information. Each party may access the other’s non-public information. The receiving party will protect such information using at least the same care it uses for its own confidential information (and no less than reasonable care) and will use it only to perform under these Terms.
7.2 Security. We implement reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Data. No method of transmission or storage is 100% secure; you are responsible for safeguarding your account credentials.
8) Intellectual Property Protection
8.1 Our IP. The Site, Services, software, source code, models, algorithms, workflows, user interfaces, visual design, documentation, and all related materials—and all associated copyrights, trademarks, patents, trade secrets, database rights, and other IP—are and remain the exclusive property of Prometheus Data and its licensors. Except for the limited rights expressly granted here, all rights are reserved.
8.2 Trademarks. “Prometheus Data,” our product/agent names, and our logos are our trademarks or service marks. You may not use them without our prior written permission, except for nominative fair use that does not suggest sponsorship or endorsement.
8.3 License to you. Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during your subscription term.
8.4 Customer Data and outputs. You retain ownership of Customer Data. You may use AI-generated outputs for your internal business purposes, subject to applicable law and third-party rights. You are responsible for verifying outputs before relying on them.
8.5 Feedback. If you provide ideas, suggestions, or recommendations, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or attribution.
8.6 Restrictions. You will not (and will not permit others to): (i) copy, modify, translate, or create derivative works of the Services; (ii) reverse engineer, decompile, or attempt to extract source code/models (except to the limited extent permitted by law); (iii) remove or alter proprietary notices; (iv) access the Services to build a competing product or to train models outside your permitted scope; or (v) scrape, spider, or harvest content except via documented APIs and within stated limits.
8.7 Equitable relief. Unauthorized use or disclosure of our IP or confidential information may cause irreparable harm; we may seek injunctive relief in addition to any other remedies.
9) Privacy
Please review our Privacy Policy for information about how we collect, use, disclose, and protect personal information. By using the Services, you acknowledge our privacy practices.
10) Disclaimers
THE SITE AND SERVICES (INCLUDING ANY AI FEATURES AND OUTPUTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AI LIMITATION: AI MAY PRODUCE ERRORS OR OMISSIONS. YOU ARE RESPONSIBLE FOR VERIFYING IMPORTANT INFORMATION BEFORE USING OR RELYING ON ANY OUTPUT.
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR A PARTY’S BREACH OF SECTIONS 7 (CONFIDENTIALITY) OR 8 (IP PROTECTION), EACH PARTY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PROMETHEUS DATA FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
12) Term; Suspension; Termination; Data
12.1 Term. These Terms apply from your first use of the Site or Services and continue until terminated.
12.2 Suspension/termination. We may suspend or terminate your access if you breach these Terms, create risk or harm, or fail to pay fees. You may terminate by canceling your subscription. Upon termination, your license ends and we may delete your account and data pursuant to our retention policies (subject to legal holds and backups).
12.3 Survival. Sections that by their nature should survive (including 2–3, 7–11, 12.3, 14–17) will survive termination.
13) Export; Sanctions; Compliance
You will comply with all applicable export control and sanctions laws. You will not use the Services in embargoed countries or for prohibited end uses.
14) Governing Law; Arbitration; Class Action Waiver
14.1 Law and venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.
14.2 Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Los Angeles County, California, in English, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class waiver. YOU AND PROMETHEUS DATA AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
14.4 Injunctive relief. Either party may seek injunctive or other equitable relief in court for misuse of IP or breach of confidentiality.
15) Changes to the Services or Terms
We may modify the Services and these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting on the Site or emailing you). Your continued use after changes become effective constitutes acceptance of the updated Terms.
16) Miscellaneous
16.1 Entire agreement. These Terms (and any order forms, service descriptions, and policies referenced herein, including the Privacy Policy) constitute the entire agreement between you and Prometheus Data and supersede prior agreements relating to the subject matter.
16.2 Order of precedence. If there is a conflict between these Terms and an order form or written agreement signed by both parties, the signed document controls for the conflict.
16.3 Assignment. You may not assign or transfer these Terms without our prior written consent; any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.4 Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
16.5 Severability; no waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Failure to enforce a provision is not a waiver.
16.6 Electronic communications. You consent to receive notices electronically. Notices to you may be provided via the Services, email, or your account. Notices to us must be sent to hello@prometheusdata.io (and, if legal notices, also to our mailing address below).
17) Contact
If you have any questions or comments relating to the Service or these Terms, please contact us at:
Email: hello@prometheusdata.io
