Effective Date: 29/10/2025
Welcome to promptingpicks.com ("Website", "Service", "we", "us", "our"). We provide a software-as-a-service (SaaS) platform that allows users to use artificial intelligence (AI) tools to search for stock market information and manage personal watchlists ("Services").
These Terms of Service ("Terms") govern your access to and use of our Website and Services. By accessing, browsing, or using promptingpicks.com, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not use this Website or any associated Services.
This is the most important section of our Terms. Your use of the Service is conditioned on your acceptance of the following:
Our Service uses artificial intelligence to generate and process information. You acknowledge and agree that:
We reserve the right to modify these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting to the Website. Your continued use of promptingpicks.com after any such changes signifies your acceptance of the new Terms.
To use our Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. You may be required to register for an account. You agree to:
Some features of the Service may be provided for a fee, either as a one-time charge or a recurring subscription.
Our Content: All content on the Website, including text, graphics, logos, trademarks, software, and the AI models (collectively, "Our Content"), is the property of promptingpicks.com or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of Our Content or Service without our express written permission.
User Content: You retain ownership of any content you create, such as your personal watchlists or saved search queries ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, and display your User Content for the limited purpose of operating, providing, and improving the Service for you.
Aggregated and Anonymized Data: You grant us a perpetual, worldwide, royalty-free license to use, copy, modify, and distribute any data derived from your use of the Service (including your User Content) in an aggregated and anonymized form. This aggregated data does not identify you or any individual. We will use this data for purposes such as improving our AI models, conducting market analysis, and enhancing the Service.
You agree not to use the Service to:
Third-Party Links: Our Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or privacy practices of these third parties. Your use of third-party websites is entirely at your own risk.
Market Data: The Service displays financial market data supplied by third-party data providers ("Data Providers"). We do not create, control, or verify this data. You agree that we and our Data Providers are not liable for any inaccuracies, errors, delays, or omissions in the market data provided.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, right, or remedy you may have under the Australian Consumer Law (ACL) or any other applicable law that cannot be lawfully excluded.
To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee is limited, at our option, to:
(a) in the case of services: the resupply of the services or the payment of the cost of having the services supplied again; and
(b) in the case of goods (if any): the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods, or the payment of the cost of acquiring equivalent goods.
Subject to the 'Australian Consumer Law' clause above, and to the maximum extent permitted by law, USE OF THE WEBSITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, AI-GENERATED OUTPUT, OR SERVICES PROVIDED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES RELATED TO INVESTMENT OUTCOMES. WE DO NOT GUARANTEE ANY PROFITS OR FREEDOM FROM LOSSES.
Subject to the 'Australian Consumer Law' clause above, and to the maximum extent permitted by law, UNDER NO CIRCUMSTANCES WILL promptingpicks.com, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT LOSSES, LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR YOUR RELIANCE ON ANY DATA OR CONTENT PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED AUSTRALIAN DOLLARS ($100.00 AUD).
You agree to indemnify, defend, and hold harmless promptingpicks.com, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
Termination by You: You may stop using the Service and terminate your account at any time by following the instructions on the Website.
Termination by Us: We reserve the right to suspend or terminate your access to the Service, at our sole discretion, without notice or liability, for any reason, including:
Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 7), disclaimers (Sections 2, 3, 11), limitations of liability (Section 12), and indemnity (Section 13).
Good Faith Negotiation: If a dispute arises out of or relates to these Terms, neither party may commence any court proceedings (except for urgent interlocutory relief) unless they have first attempted to resolve the dispute by good faith negotiation.
Mediation: If the dispute is not resolved within twenty (20) business days of negotiation, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC), with the mediation to be conducted in accordance with the ADC's guidelines.
Litigation: If the dispute is not resolved within twenty (20) business days of appointing a mediator, either party may then commence legal proceedings in the exclusive jurisdiction of the courts of Victoria, Australia, as set out in the "Governing Law" clause.
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles. Subject to the "Dispute Resolution" clause, you agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, to resolve any dispute arising out of these Terms or the Service.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and promptingpicks.com concerning your use of the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of our rights must be in writing and signed by us.
If you have any questions about these Terms, please contact us at support@promptingpicks.com.