1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and PrePublish ("we," "us," or "Company") governing your access to and use of the PrePublish website, application, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

You represent that you are at least 16 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Service Description

PrePublish is an AI-powered content analysis tool designed to help content creators analyze scripts and videos. The Service provides:

Script and content analysis using artificial intelligence
Predictions and suggestions regarding viewer engagement
Recommendations for content improvement
Transcription of uploaded audio and video files

Important: The Service provides AI-generated predictions and suggestions. These are estimates based on AI analysis and are not guarantees of actual performance. Results may vary, and we make no warranties regarding the accuracy of predictions or the effectiveness of suggestions.

3. Account Registration

To access certain features of the Service, you may need to create an account. When creating an account, you agree to:

Provide accurate and complete information
Maintain the security of your account credentials
Promptly update your information if it changes
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Analysis Limits

We offer a daily analysis allowance without requiring account creation or payment information. The daily allowance:

Is limited to a set number of analyses per IP address per day
Is subject to the same Terms of Service as paid subscriptions
May be modified or discontinued at our discretion
Resets every 24 hours

Abuse of the analysis system (including circumventing IP-based limits) is prohibited and may result in permanent ban from the Service.

5. Subscriptions and Payments

5.1 Subscription Plans

We offer the following subscription options:

Monthly: $39 USD per month, billed monthly
Annual: $390 USD per year ($32.50/month equivalent), billed annually

Prices are subject to change. We will notify existing subscribers of price changes at least 30 days before they take effect for their next billing cycle.

5.2 Payment Processing

Payments are processed by our third-party payment provider, Polar.sh. By subscribing, you also agree to Polar's terms of service. We do not store your payment card information.

5.3 Billing Cycle

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled. You will be charged the applicable fee at the start of each billing cycle.

5.4 Cancellation

You may cancel your subscription at any time. Upon cancellation:

Your subscription will remain active until the end of your current billing period
You will not be charged for subsequent periods
You will retain access to the Service until your current period ends
No partial refunds are provided for unused time in the current period

5.5 Refund Policy

We offer a 30-day money-back guarantee for new subscribers. If you are not satisfied with the Service within the first 30 days of your initial subscription, you may request a full refund by contacting us at [email protected].

Refund requests made after 30 days, or for renewal payments, will be considered on a case-by-case basis at our discretion. We are not obligated to provide refunds outside the 30-day guarantee period.

6. User Content

6.1 Your Content

You retain all ownership rights to the content you upload to the Service ("User Content"), including scripts, video files, and audio files. By uploading User Content, you grant us a limited license to:

Process and analyze your content to provide the Service
Transmit your content to our third-party service providers (AI providers, transcription services) solely to deliver the Service
Store your content temporarily as necessary to provide analysis results

This license is limited, non-exclusive, and exists solely for the purpose of providing the Service to you. We do not claim ownership of your content.

6.2 Content Restrictions

You agree not to upload content that:

Infringes on intellectual property rights of others
Contains illegal material or promotes illegal activities
Contains malware, viruses, or harmful code
Is defamatory, harassing, or threatening
Contains explicit sexual content involving minors
Violates any applicable laws or regulations

6.3 Responsibility

You are solely responsible for your User Content and ensuring you have the necessary rights to upload it. We do not review User Content before processing and are not liable for content uploaded by users.

7. Acceptable Use

You agree not to:

Use the Service for any illegal purpose
Attempt to gain unauthorized access to the Service or its systems
Interfere with or disrupt the Service or servers
Circumvent usage limits, rate limits, or access controls
Use automated tools to access the Service without permission
Resell, sublicense, or redistribute the Service
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service to develop competing products
Impersonate others or misrepresent your affiliation

Violation of these rules may result in immediate termination of your account without refund.

8. Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by PrePublish and protected by copyright, trademark, and other intellectual property laws.

Your use of the Service does not grant you any ownership rights to our intellectual property. You may not use our trademarks, logos, or branding without our prior written consent.

The analysis results and suggestions generated by the Service are provided for your personal or business use. You may use these results as you see fit, but the underlying AI models and technology remain our property.

9. Third-Party Services

The Service relies on third-party providers, including:

AI analysis providers for content analysis
AssemblyAI for transcription services
Polar.sh for payment processing
Resend for email delivery

Your use of the Service constitutes acceptance that your content will be processed by these third parties as described in our Privacy Policy. We are not responsible for the actions, policies, or practices of third-party providers.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties that the Service will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or completeness of any analysis or prediction
Warranties that the Service will meet your specific requirements

AI-generated predictions are estimates only. Actual viewer retention and engagement depend on many factors outside our control. We do not guarantee any specific results from using our suggestions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREPUBLISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or content
Business interruption
Any damages arising from reliance on analysis results or predictions

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow limitations on implied warranties or liability, so some of the above limitations may not apply to you.

12. Indemnification

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

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any third-party rights

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination include but are not limited to:

Violation of these Terms
Fraudulent or illegal activity
Non-payment of fees
Extended period of inactivity
Request by law enforcement or government agencies

Upon termination, your right to use the Service will cease immediately. Sections of these Terms that by their nature should survive termination will survive (including Sections 10, 11, 12, and 15).

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting a notice on our website or sending you an email at least 30 days before the changes take effect.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC).

For consumers in the European Union: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence. You may bring claims in the courts of your country of residence.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PrePublish regarding the Service.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.
No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and PrePublish.

17. Contact Information

For questions about these Terms, please contact us at:

Email: [email protected]