Last updated: April 14, 2026 — Version 3.0
At Prompt and Plai S.A.S. ("Prompt and Plai", "we", "our" or "the Company") we value privacy and the protection of personal data. This Privacy Policy explains what personal data we collect, how we use it, with whom we share it, how long we retain it, and what rights users, clients, and other individuals whose data we process in the context of our platform and services may exercise. This Policy applies to the use of our website, SaaS platform, APIs, automation features, authentication, support, communications, and related services (collectively, the "Services"). By accessing or using the Services, you acknowledge having read this Policy. When required by law, we will request your specific consent. When Prompt and Plai processes personal data on behalf of an enterprise client, such processing may also be governed by a separate Data Processing Addendum (DPA) or data processing annex.
The data controller for personal data covered by this Policy is: Prompt and Plai S.A.S. CUIT: 30-71880535-6 Privacy email: info@promptandplai.com Support email: support@promptandplai.com Website: https://www.promptandplai.com/ Where required by applicable regulations, Prompt and Plai may designate internal officers or representatives for specific processing activities, jurisdictions, or channels.
We may collect and process the following categories of personal data, depending on how you interact with the Services: Identification and contact data. First and last name, email address, profile picture, job title, company or organization, country, language, and other registration or profile data. Authentication and account data. User identifiers, access credentials, password hashes, login data, session tokens, OAuth identifiers, and data related to multi-factor authentication, where applicable. Billing and commercial data. Name or company name, tax identification number, business address, billing contact details, subscription history, contracted plan, renewals, cancellations, receipts, payment status, and data related to charges processed by third parties. Prompt and Plai does not directly store complete card data if payments are processed by a specialized provider. Technical and device data. IP address, browser type, operating system, device type, technical identifiers, access logs, session events, approximate time zone, browser language, network information, errors, and security events. Usage and activity data. Features used, pages visited, clicks, commands, prompts, configurations, environments created, test executions, reports generated, interface interactions, access times, API usage, limits consumed, and operational metrics. Data uploaded or generated within the Service. Tests, prompts, configurations, files, screenshots, videos, logs, results, artifacts, generated documentation, environment variables, credentials, or secrets that the client decides to incorporate into the Service for its operation. Support and communications data. Content of inquiries, tickets, emails, chats, forms, survey responses, meetings, demo requests, or commercial exchanges. Data obtained from third parties. If you authenticate through Google or another provider, we may receive basic profile and authentication data that such provider shares in accordance with the permissions you granted. When you use identity, payment, analytics, or infrastructure providers, we may also receive data necessary to operate the Service securely.
We collect personal data from various sources: • Directly from you, when you create an account, subscribe to a plan, upload data, use the Service, or communicate with us. • Automatically, through logs, essential cookies, similar technologies, and system telemetry. • From your organization or administrator, when they add you as an authorized user. • From integrated third parties, such as identity, payment, infrastructure, support, or security providers. • From publicly or commercially available information, when legitimate for commercial or security purposes.
We process personal data for the following purposes: Service provision. Create accounts, authenticate users, grant access, execute automations, store configurations, generate reports, operate APIs, manage organizations, and maintain the functional continuity of the Service. Security and integrity. Protect accounts, detect unauthorized access, prevent abuse, fraud, unlawful automation, misuse of environments, or activities that may put the platform, other clients, or third parties at risk. Billing and commercial administration. Process payments, issue receipts, manage subscriptions, renewals, cancellations, credits, payment claims, and administrative support. Support and customer service. Answer inquiries, resolve incidents, handle tickets, provide technical assistance, accompany implementations, and improve the customer experience. Service improvement, monitoring, and development. Analyze usage metrics, debug errors, audit performance, improve features, develop new capabilities, strengthen security, and optimize the product experience. Legal compliance and defense. Fulfill legal, regulatory, tax, accounting, and administrative obligations; manage authority requests; prevent liability; investigate incidents; and exercise or defend rights in disputes. Transactional and operational communications. Send security notices, relevant service changes, expirations, confirmations, incidents, contractual documentation, policy changes, and messages necessary for the contractual relationship. Commercial communications. When permitted by law or with consent, we may send news, promotional materials, invitations, or commercial information about our products and services. You may opt out of these communications at any time.
When required by applicable regulations, we will process personal data on the basis of one or more of the following legal bases: • Performance of a contract or pre-contractual measures. • Compliance with legal obligations. • Consent of the data subject, where applicable. • Legitimate interests of Prompt and Plai or third parties, provided that the rights and freedoms of the data subject do not prevail. • Protection against fraud, abuse, and security threats. • Regular exercise of rights in administrative, judicial, or extrajudicial proceedings. When processing is based on consent, it may be withdrawn by the data subject at any time, without affecting the lawfulness of processing prior to its withdrawal.
If you choose to log in through Google or another identity provider, Prompt and Plai may receive basic profile data, such as name, email address, account identifier, and, if applicable, profile picture, in accordance with the permissions you granted and the provider's configuration. We will use that information to authenticate you, create or link your account, and allow access to the Services. We will not use such data for purposes incompatible with authentication or for behavioral advertising without an adequate legal basis.
We use cookies and similar technologies necessary to operate the website and platform. These may include cookies or equivalent mechanisms to: • Keep sessions active. • Remember technical or language preferences. • Reinforce security. • Balance load or maintain operational connectivity. • Record events essential to the operation of the Service. We may also use internal analytics or monitoring tools to the extent they are compatible with applicable regulations and this Policy. When legislation requires consent for certain non-essential cookies or technologies, we will request it through the appropriate mechanism.
We do not sell personal data. We may share personal data in the following circumstances: With providers and sub-processors. We may share data with providers that help us operate the platform, such as cloud infrastructure, authentication, database, monitoring, email, support, security, payments, and related services. These third parties will process data under appropriate contractual obligations and only to the extent necessary to provide their service. With the client or organization you belong to. If you use Prompt and Plai as a member of an organization, the administrators of that organization may access certain account information, usage data, and content associated with the organization, according to the Service configuration. With payment providers. Where applicable, information necessary to process charges will be shared with the authorized payment provider. For legal or security reasons. We may disclose information when necessary to comply with a law, administrative or judicial requirement, protect rights, investigate fraud, respond to security incidents, or prevent harm. In corporate operations. If Prompt and Plai participates in a merger, acquisition, reorganization, financing, asset sale, or change of control, personal data may be transferred as part of that operation, subject to reasonable confidentiality and continuity obligations. Aggregated or anonymized information. We may use and share aggregated, statistical, or anonymized information that does not reasonably identify natural persons.
Your data may be processed or stored in countries other than your country of residence, including infrastructure or support services located abroad. When we make international transfers, we endeavor to implement reasonable contractual, technical, or organizational safeguards in accordance with applicable regulations.
We apply reasonable technical and organizational measures to protect personal data against unauthorized access, loss, destruction, alteration, improper disclosure, or unauthorized processing. These measures may include access controls, logical segregation, encryption in transit, encryption or protection of data at rest, authentication, event logging, monitoring, backups, hardening, patch management, and security reviews. However, no system can guarantee absolute security. Therefore, although we work to protect information with reasonable standards, we cannot ensure that an incident will never occur. When legally required or appropriate given the nature of the incident, we will notify affected parties or cooperate reasonably in its management.
We retain personal data for as long as necessary to fulfill the purposes described in this Policy, the contractual relationship, our legal, tax, accounting, regulatory, and security obligations, as well as to resolve disputes and enforce agreements. In general terms: • Account and profile data are retained while the account or business relationship remains active. • Billing data and accounting records may be retained for the periods required by applicable regulations. • Logs, artifacts, tickets, backups, and audit records may be retained for additional reasonable periods for security, support, operational continuity, legitimate interests, or compliance. • Once the purpose has been fulfilled or applicable periods have expired, data may be deleted, anonymized, or blocked as appropriate. When the enterprise Client acts as data controller and Prompt and Plai as processor, retention may also be governed by the terms agreed in the main contract or the applicable DPA.
To the extent provided by applicable legislation, you may exercise rights regarding your personal data, such as: • Access. • Rectification or update. • Deletion. • Objection, where applicable. • Withdrawal of consent, when processing is based on consent. • Portability or export, where applicable and technically feasible. • Restriction of processing, where the law provides for it. To exercise these rights, you may write to us at info@promptandplai.com with the subject "Privacy / ARCO Rights", providing sufficient information to verify your identity and process your request. If you use the Service within an organization, certain requests may require coordination with your organization's administrator or with the client that determined the purposes and means of processing. In Argentina, the supervisory authority for personal data protection is the Agency for Access to Public Information (AAIP), and the data subject may contact it if they consider that their rights were not adequately addressed.
The Services are not directed at minors unless expressly enabled and supervised by a client or organization with a sufficient legal basis. We do not intentionally collect personal data from minors in contexts where this is not permitted. If we detect that data has been uploaded in violation of this rule, we may delete it or restrict the corresponding access.
In many cases, clients use Prompt and Plai to automate interactions, execute tests, and generate artifacts on their own or authorized systems. In this context, the Client may upload or make visible third-party data within the platform, such as records, screenshots, logs, prompts, videos, or credentials. In such cases, the Client represents and warrants that it has all rights, authorizations, and legal bases necessary to incorporate such data into the Service. Prompt and Plai does not generally review the legitimacy of each piece of uploaded data nor does it independently validate the Client's authorization regarding systems, environments, or individuals.
We may modify this Privacy Policy periodically to reflect regulatory, operational, technical, or commercial changes. When modifications are material, we will notify through reasonable means, such as email, in-platform notice, or a visible update on the website. The current version shall be the one published with its last updated date. Continued use of the Services after non-material changes take effect shall imply awareness of the updated version. When the law or the nature of the change requires it, we will request additional acceptance or consent.
For inquiries, requests, or complaints related to privacy and data protection, you may contact us at: Prompt and Plai S.A.S. Privacy email: info@promptandplai.com Support email: support@promptandplai.com Website: https://www.promptandplai.com/
IMPORTANT: THESE TERMS AND CONDITIONS OF SERVICE ("TERMS") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE ENTITY YOU REPRESENT, OR THE ORGANIZATION ON WHOSE BEHALF YOU USE THE PLATFORM (THE "CLIENT", "YOU" OR THE "USER") AND PROMPT AND PLAI S.A.S. ("PROMPT AND PLAI", "WE", "OUR" OR "THE COMPANY"). BY CREATING AN ACCOUNT, CLICKING "I ACCEPT", SUBSCRIBING TO A PLAN, ACCESSING OR USING THE PLATFORM, YOU DECLARE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, THE PRIVACY POLICY AND ANY ANNEX OR DOCUMENT INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
For the purposes of these Terms, the following terms shall have the meanings assigned below: "Affiliate": any entity that controls, is controlled by, or is under common control with either party. "Environment": each base URL, domain, subdomain, environment, instance, system, or application configured by the Client to execute tests through the Platform, including, without limitation, development, testing, staging, pre-production, or production environments. "Account": the access account created by a User to use the Platform. "Client Data": all information, content, files, configurations, credentials, secrets, variables, test data, prompts, instructions, results, screenshots, videos, logs, reports, artifacts, or any other data uploaded, sent, generated, stored, or processed through the Platform by or on behalf of the Client or its Authorized Users. "Documentation": guides, manuals, functional descriptions, technical specifications, and other materials provided by Prompt and Plai regarding the Service. "AI Output": any suggestion, test, step, selector, summary, analysis, diagnosis, recommendation, documentation, classification, result, report, or content generated wholly or partially through the Platform's artificial intelligence features. "Plan": the subscription level contracted by the Client, with its applicable features, limits, restrictions, and pricing. "Platform" or "Service": the software as a service provided by Prompt and Plai, including its web interface, APIs, automation, execution, analysis, reporting, scheduling, test management, integrations, and any related component. "Sub-processor": a third party contracted by Prompt and Plai to provide part of the Service or process data on behalf of Prompt and Plai. "Authorized User": any natural person authorized by the Client to access and use the Platform under their Account or organization.
2.1. Prompt and Plai is a SaaS platform oriented toward the creation, execution, scheduling, analysis, and management of automated software tests, with features that may include artificial intelligence, reports, API access, environment configuration, user management, documentation, and other related tools. 2.2. The Service may be modified, evolved, expanded, reduced, or discontinued partially or totally at our sole discretion, provided that this does not imply a breach of obligations expressly assumed in writing under a current paid Plan. 2.3. Unless expressly stated otherwise in writing, the Service is offered for B2B commercial purposes and is not designed or warranted for: a) high-risk activities, b) automated decisions with legal or equivalent effects on individuals, c) specific regulatory compliance of the Client, d) uses in sectors where an error could cause death, injury, significant environmental damage, or critical losses. 2.4. Certain features may be identified as beta, preview, trial, experimental, or similar. Such features may contain errors, change materially, have lower availability, and be subject to additional restrictions. Their use shall be at the Client's sole risk.
3.1. You represent and warrant that: a) you have sufficient legal capacity to be bound, b) if accepting on behalf of a legal entity or organization, you have sufficient authority to bind it to these Terms, and c) the information you provide is true, current, complete, and accurate. 3.2. If you use the Platform on behalf of an organization, that organization shall be considered the Client and shall be fully responsible for all acts or omissions of its Authorized Users.
4.1. Access to the Platform may be performed through email/password, third-party authentication providers, or any mechanisms enabled at any given time. 4.2. The Client is responsible for: a) maintaining the confidentiality of credentials, b) controlling access of its Authorized Users, c) configuring appropriate permissions within its organization, d) promptly notifying any unauthorized access, incident, suspected compromise, or misuse of the Account. 4.3. All activity performed from the Client's Account or by its Authorized Users shall be presumed to have been performed by the Client. 4.4. Prompt and Plai may require additional verification, authentication, or security measures, as well as suspend access in the event of reasonable risks of fraud, abuse, or Account compromise.
5.1. The Client acknowledges that certain Authorized Users may have administrative privileges, including adding/removing users, access to configurations, environments, reports, integrations, prompts, executions, and organization data. 5.2. Prompt and Plai shall not be liable for actions performed by administrators designated by the Client, including erroneous configurations, improper access within the organization, data deletion, or information exposure.
6.1. Subject to compliance with these Terms and payment of applicable amounts, Prompt and Plai grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform during the term of their Plan and exclusively for the Client's legitimate internal purposes. 6.2. The Client may not, without prior written authorization from Prompt and Plai: a) copy, modify, adapt, translate, or create derivative works of the Platform, b) resell, sublicense, distribute, lease, license, lend, or commercially exploit the Platform, c) reverse engineer, decompile, disassemble, or attempt to obtain the source code, d) circumvent technical limits, access controls, rate limits, or security measures, e) use the Platform to develop a competing product or service, f) use robots, agents, or automated methods to access the Platform outside of authorized APIs or features.
7.1. The Client agrees to use the Platform exclusively for lawful, legitimate, and authorized purposes. 7.2. It is strictly prohibited to use the Platform to: a) test, scan, monitor, scrape, attack, or interact with third-party systems without prior and sufficient authorization, b) perform penetration testing, vulnerability assessments, security scanning, or similar activities without express authorization, c) generate traffic intended to degrade, saturate, disrupt, or affect the performance of own or third-party systems, d) collect, extract, replicate, or store third-party data in an unauthorized manner, e) process personal data, secrets, credentials, or sensitive information without a legal basis and sufficient authorizations, f) upload malware, malicious code, or harmful instructions, g) infringe intellectual property, trade secrets, contractual obligations, or third-party rights, h) falsify results, impersonate identities, manipulate evidence, or generate misleading reports, i) violate applicable local, national, or international laws. 7.3. Prompt and Plai may investigate suspected violations and take measures, without any liability, such as warnings, limitations, blocks, execution suspensions, environment suspensions, account terminations, evidence preservation, and cooperation with competent authorities as appropriate.
8.1. THE CLIENT IS THE SOLE AND EXCLUSIVE RESPONSIBLE PARTY FOR ALL SYSTEMS, WEBSITES, APPLICATIONS, APIS, DOMAINS, SUBDOMAINS, ENDPOINTS, ENVIRONMENTS, AND TARGET URLS ON WHICH THE PLATFORM IS USED. 8.2. The Client continuously represents and warrants that: a) it owns, controls, or administers the target systems, or b) it has written, valid, sufficient, and verifiable authorization from the corresponding owner or responsible party to execute the tests, automations, and interactions contemplated. 8.3. Configuring an Environment within the Platform does not constitute validation, approval, or confirmation by Prompt and Plai regarding the legitimacy, ownership, or authorization of the Client with respect to said Environment. 8.4. Prompt and Plai does not verify and is not obligated to verify the ownership, authorization, or legitimacy of any target system. The Client fully assumes the legal, technical, and operational risk arising from any execution against third-party systems. 8.5. The Client shall be solely responsible for damages, disruptions, claims, investigations, sanctions, losses, or costs arising from tests or automations executed against systems for which it does not have sufficient authorization.
9.1. The Client is exclusively responsible for all credentials, secrets, tokens, API keys, environment variables, service accounts, session cookies, and other credentials that it uploads, connects, stores, or uses through the Platform. 9.2. The Client warrants that it has the right to use and share such credentials with Prompt and Plai for the purposes of the Service. 9.3. Prompt and Plai may store, encrypt, process, or use such credentials only to the extent necessary to provide the Service, in accordance with the Privacy Policy, any applicable DPA, and the Documentation. 9.4. The Client assumes all responsibility for: a) the scope of permissions granted to such credentials, b) rotation, expiration, and revocation of secrets, c) unauthorized use originating from configuration or internal management errors by the Client.
10.1. The Client retains all rights, titles, and interests in the Client Data. 10.2. The Client grants Prompt and Plai a limited, worldwide, non-exclusive, royalty-free license valid during the contractual relationship to host, copy, transmit, process, index, execute, display, and use the Client Data only to the extent necessary to: a) provide the Service, b) maintain the security and integrity of the Platform, c) provide support, d) prevent fraud or abuse, e) comply with legal obligations, f) generate aggregated and anonymized metrics that do not identify the Client or natural persons. 10.3. The Client represents and warrants that it possesses all rights, permissions, legal bases, and authorizations necessary over the Client Data and over any personal data processed through the Platform. 10.4. The Client shall not upload to the Platform information whose processing is prohibited by law or contract, nor information that is excessive or unnecessary for the purposes of the Service.
11.1. The processing of personal data by Prompt and Plai shall be governed, in addition to these Terms, by the current Privacy Policy. 11.2. When Prompt and Plai processes personal data on behalf of the Client as a processor or equivalent role, the parties may enter into a Data Processing Addendum, which shall prevail with respect to such specific processing. 11.3. The Client acknowledges that certain data may be processed by Sub-processors and/or on infrastructure located in other jurisdictions, subject to applicable contractual and legal safeguards.
12.1. The Platform may generate AI Output based on prompts, configurations, context data, Client instructions, or other inputs. 12.2. AI Output is provided solely for assistance purposes. Prompt and Plai does not warrant that such output is accurate, complete, up-to-date, sufficient, fit for a particular purpose, error-free, or compliant with the Client's regulatory or contractual requirements. 12.3. The Client is solely responsible for reviewing, validating, approving, modifying, or rejecting all AI Output before using, executing, or relying on it. 12.4. The Client shall not consider AI Output as legal, technical, regulatory, security, compliance, or business advice, nor as a quality certification.
13.1. Test results, reports, logs, screenshots, videos, traces, metrics, and other artifacts generated by the Platform are indicative and operational in nature. 13.2. Unless otherwise agreed in writing, such results do not constitute: a) a guarantee of the absence of errors, b) a certification of quality, security, or compliance, c) conclusive evidence for judicial or regulatory purposes, d) an independent audit. 13.3. Executions may be affected by factors outside the control of Prompt and Plai, including interface changes, connectivity, third parties, cloud providers, target system restrictions, dynamic content, anti-bot measures, CAPTCHAs, Client configurations, or errors in input data.
14.1. Unless a specific written agreement provides a different SLA, the Platform is provided "AS IS", "AS AVAILABLE" and without guaranteed minimum levels of availability, response time, or recovery. 14.2. Prompt and Plai may perform scheduled or unscheduled maintenance, implement patches, infrastructure changes, updates, or security measures without prior notice when reasonably necessary. 14.3. Support, if offered, shall be provided in accordance with the contracted Plan or the conditions published by Prompt and Plai.
15.1. The Platform, its software, code, architecture, design, interface, trademarks, logos, trade names, documentation, databases, know-how, models, base prompts, workflows, methodologies, improvements, and any associated intellectual property rights are and shall remain the exclusive property of Prompt and Plai or its licensors. 15.2. Nothing in these Terms transfers to the Client any intellectual property rights over the Platform, except for the limited license provided in Section 6. 15.3. The Client may provide suggestions, feedback, or ideas. Prompt and Plai may freely use such feedback without restriction or payment obligation.
16.1. Each party agrees to maintain confidential the non-public information of the other party that, by its nature or identification, should reasonably be considered confidential. 16.2. The receiving party may only use confidential information to fulfill or exercise its rights under these Terms and shall protect it with a degree of diligence no less than that used for its own confidential information of a similar nature. 16.3. The confidentiality obligation shall not apply to information that: a) is or becomes public without breach, b) was already legitimately in the possession of the receiving party, c) is lawfully received from a third party without a confidentiality obligation, d) must be disclosed by law, court order, or requirement of a competent authority, in which case, when legally possible, the other party shall be notified in advance.
17.1. Service prices shall be those published on the Platform, commercial proposal, or applicable subscription form and, unless expressly stated otherwise, are expressed in US dollars (USD). 17.2. The Client shall pay all amounts applicable to the contracted Plan, including recurring charges, overages, add-ons, integrations, or additional contracted services. 17.3. Amounts do not include taxes, duties, withholdings, or applicable levies, unless expressly stated otherwise. The Client shall be responsible for such items, except taxes based exclusively on Prompt and Plai's net income. 17.4. The Client authorizes Prompt and Plai and/or its payment processor to issue, debit, charge, and retry charges in accordance with the payment method provided. 17.5. If a payment is rejected, reversed, disputed, withheld, or not enforceable for any reason, Prompt and Plai may suspend access to the Service in whole or in part until the situation is resolved.
18.1. Unless expressly stated otherwise, subscriptions shall automatically renew for successive periods equivalent to the originally contracted period. 18.2. Prompt and Plai may modify prices, commercial structures, or plan limits, notifying the Client with reasonable advance notice before they take effect for future renewals. 18.3. The Client may cancel automatic renewal from the Platform or through enabled channels. Cancellation shall take effect at the end of the current paid period, unless expressly stated otherwise. 18.4. Unless required by mandatory law or agreed in writing otherwise, payments are non-refundable and no credits shall be granted for unused partial periods.
19.1. Prompt and Plai may suspend or limit access to the Service, in whole or in part, with or without prior notice, if: a) the Client breaches these Terms, b) there is a payment default or breach, c) we detect abusive, risky, fraudulent, or unlawful use, d) there is a risk to the security, integrity, availability, or reputation of the Platform or third parties, e) required by a competent authority, key provider, or legal obligation, f) the Client's use reasonably exposes Prompt and Plai to claims or sanctions. 19.2. Either party may terminate these Terms for material breach by the other party that is not remedied within ten (10) calendar days of formal notice, or immediately if the breach is incurable. 19.3. Upon termination: a) the license of use shall cease immediately, b) the Client must stop accessing the Platform, c) Prompt and Plai may delete or deactivate access and data in accordance with its retention policy, d) clauses that by their nature should survive shall remain in effect, including confidentiality, intellectual property, outstanding payments, limitation of liability, and indemnification.
20.1. Unless required by legal, technical, or contractual obligation, Prompt and Plai may retain Client Data for a limited period after termination for purposes of operational continuity, recovery, auditing, fraud prevention, legal compliance, dispute resolution, or backup. 20.2. Once applicable internal retention periods have expired, Prompt and Plai may delete or anonymize data without liability. 20.3. It is the Client's responsibility to export or retrieve any information it wishes to retain before the effective termination of access.
The Client continuously represents and warrants that: a) it will comply with all laws, regulations, contracts, and policies applicable to its use of the Service, b) it possesses all rights, licenses, permissions, and authorizations necessary for the systems and data it uses, c) it will not use the Platform in a manner that infringes third-party rights, d) it will not introduce information, instructions, or code that could harm the Platform or third parties.
22.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, AI OUTPUT, DOCUMENTATION, REPORTS, AND ANY RELATED SERVICE OR MATERIAL ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". 22.2. PROMPT AND PLAI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OF ANY OTHER NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, CONTINUITY, ABSENCE OF ERRORS, COMPATIBILITY, ABSOLUTE SECURITY, OR SPECIFIC RESULTS. 22.3. PROMPT AND PLAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, THAT ERRORS WILL BE CORRECTED, THAT AI OUTPUT WILL BE CORRECT, THAT TESTING RESULTS WILL DETECT ALL ISSUES, OR THAT THE PLATFORM WILL MEET THE CLIENT'S PARTICULAR REQUIREMENTS.
23.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMPT AND PLAI, ITS PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, PROVIDERS, AND SUB-PROCESSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF CLIENTS, LOSS OF OPPORTUNITY, LOSS OF DATA, COST OF COVER, REPUTATIONAL DAMAGE, OR BUSINESS INTERRUPTION, EVEN IF THEY HAD BEEN ADVISED OF THEIR POSSIBILITY. 23.2. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PROMPT AND PLAI ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, OR THE SERVICE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CLIENT TO PROMPT AND PLAI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 23.3. THE LIMITATIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL ALLOCATION OF RISK BETWEEN THE PARTIES AND SHALL APPLY REGARDLESS OF THE LEGAL THEORY INVOKED. 23.4. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW EXCLUDING OR LIMITING CERTAIN LIABILITIES, SUCH LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT LEGALLY PERMITTED.
24.1. The Client shall indemnify, defend, and hold harmless Prompt and Plai, its affiliates, directors, managers, employees, contractors, licensors, providers, and representatives against all claims, demands, actions, investigations, sanctions, fines, losses, damages, costs, and expenses, including reasonable attorney's fees, arising from or related to: a) the use of the Platform by the Client or its Authorized Users, b) the execution of tests or automations against unauthorized systems, c) breach of these Terms, d) infringement of laws, regulations, contracts, or third-party rights, e) Client Data, prompts, content, credentials, or instructions provided by the Client, f) third-party claims related to privacy, data protection, intellectual property, unauthorized access, scraping, operational interference, or security originating from the Client's use. 24.2. Prompt and Plai may assume the defense with attorneys of its choice at the Client's expense when a claim may materially affect its interests. The Client may not settle any claim that implies admission of liability, non-monetary obligation, or reputational impact for Prompt and Plai without the prior written consent of the latter.
25.1. The Client agrees to comply with all regulations applicable to its activity, including data protection, intellectual property, computer crimes, anti-corruption, foreign trade, sanctions, and export controls where applicable. 25.2. The Client shall not use the Platform from prohibited jurisdictions or for the benefit of persons or entities subject to applicable legal restrictions, to the extent such requirements are enforceable.
26.1. The Client agrees to receive electronic communications related to the Service, including legal notices, billing, updates, incidents, terms changes, and operational notifications. 26.2. Notices from Prompt and Plai may be made by email, within the Platform, or by other reasonable means of contact provided by the Client. 26.3. The Client is responsible for keeping its contact and billing information up to date.
27.1. Prompt and Plai may modify these Terms at any time. 27.2. If modifications are material, Prompt and Plai will notify the Client by reasonable means. When appropriate, express acceptance may be required to continue using certain features or the Service. 27.3. The current version shall be the one published on the Platform with its last updated date.
Prompt and Plai shall not be liable for breaches or delays caused by events beyond its reasonable control, including internet failures, power outages, cloud provider failures, third-party cyberattacks, labor disputes, wars, civil unrest, government actions, pandemics, blockades, natural events, or third-party service outages.
29.1. These Terms shall be governed by and construed in accordance with the laws of the Argentine Republic, excluding its conflict of law rules. 29.2. Any dispute arising from or related to these Terms, the Platform, or the Service shall be submitted to the jurisdiction of the ordinary courts seated in the Autonomous City of Buenos Aires, with waiver of any other forum or jurisdiction that may apply.
30.1. Entire agreement. These Terms, together with the Privacy Policy, DPA if any, Documentation incorporated by reference, the contracted Plan, and any accepted order or commercial proposal, constitute the entire agreement between the parties regarding the Service. 30.2. Order of precedence. In case of conflict, the following order shall prevail: a) master agreement or contract signed by both parties, b) DPA for data processing matters, c) commercial proposal/service order, d) these Terms, e) Privacy Policy, f) Documentation. 30.3. Assignment. The Client may not assign these Terms or its rights or obligations without prior written consent from Prompt and Plai. Prompt and Plai may assign them to an affiliate or in the context of a reorganization, merger, asset sale, or change of control. 30.4. Independence. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, joint venture, employment relationship, or representation. 30.5. Severability. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. 30.6. No waiver. Failure to exercise a right shall not constitute a waiver thereof. 30.7. Survival. Provisions that by their nature should survive termination shall remain in effect.