Terms of Service

ZeroTen Media Inc. ("Company," "we," "us," or "our")
Effective Date: May 11, 2026

PLEASE READ CAREFULLY. These Terms of Service ("Terms") form a binding contract between you and the Company. They contain a mandatory binding arbitration provision and class-action waiver in Section 19 that affect how disputes are resolved. They also limit our liability and require you to indemnify us in certain circumstances. By accessing or using the Services, you agree to these Terms.

1. The Agreement and Incorporated Documents

1.1 Acceptance

By accessing, registering for, or using the Services, you agree to these Terms and to the documents incorporated by reference, including: (a) our Privacy Policy; (b) our Acceptable Use Policy ("AUP"); (c) our Media Upload Agreement for any uploaded images, videos, or voice samples; (d) our Copyright and Trademark Policy (DMCA process); (e) our Trust & Safety Policy; and (f) any plan-specific terms applicable to a paid subscription you purchase. Together with these Terms, those documents form the "Agreement."

1.2 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Services. The Services are not directed to children under 13 and we do not knowingly collect personal information from children under 13. If you are between 13 and 18 (or your local age of majority), you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.

1.3 If You Are Using on Behalf of an Organization

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to this Agreement, and "you" refers to that organization.

1.4 Modifications to the Agreement

We may update these Terms or any incorporated document from time to time. Material changes will be communicated to you by email or through a prominent in-Service notice at least 14 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and may cancel any paid subscription as provided in Section 7.

The AUP, Trust & Safety Policy, and Copyright and Trademark Policy may be updated more frequently to address emerging risks; updates to those documents take effect upon posting and continued use constitutes acceptance.

2. The Services

2.1 What We Provide

The Services consist of artificial-intelligence-powered tools for generating, editing, and processing images, video, and audio content based on your text, image, video, or audio inputs ("Inputs") to produce synthetic media outputs ("Outputs"). The Services may incorporate third-party AI models and infrastructure ("Third-Party AI Models"). The list of Third-Party AI Models we currently use is published in our Sub-Processors and Model Providers list and updated from time to time.

2.2 Aggregator / Facilitation Architecture

You acknowledge that for certain features the Services act as a facilitation layer (including integrations, infrastructure, and user experience) that routes Inputs to Third-Party AI Models. We do not own or control the Third-Party AI Models themselves, and content moderation and safety filtering may be applied at the model layer by the third-party provider. Our Sub-Processors and Model Providers list identifies which features rely on which providers.

2.3 Beta Features

We may make experimental, alpha, or beta features available to you. Beta features are provided "AS IS" without any service-level commitment and may be modified, suspended, or removed at any time without notice.

2.4 No Real-Time / Life-Critical Use

The Services are not designed or intended for use in any application where failure could result in death, personal injury, environmental damage, or critical infrastructure failure, including but not limited to medical devices, life-support systems, autonomous vehicles, weapons systems, or nuclear facility operation. You will not use the Services in any such application.

3. Your Account

3.1 Account Creation

You will provide accurate, current, and complete information during registration and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

3.2 Authentication and Security

You will notify us promptly at security@promptwise.com of any unauthorized access or breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

3.3 One Account per User

You may not create more than one account, share your account, or transfer your account to another person without our written consent.

4. Inputs, Outputs, and Ownership

4.1 Your Ownership of Inputs

As between you and the Company, you retain all right, title, and interest in and to your Inputs, subject to the licenses you grant in Section 5.

4.2 Output Ownership (To the Extent Assignable)

As between you and the Company, you own the Outputs generated by the Services in response to your Inputs, and we hereby assign to you all right, title, and interest, if any, that we may have in those Outputs. The phrase "if any" is intentional: we make no representation that Outputs are protectable by intellectual property law, and the protectability of AI-generated content varies by jurisdiction and continues to evolve.

4.3 Output Non-Uniqueness

You acknowledge that Outputs may not be unique. Other users providing similar Inputs may receive the same or substantially similar Outputs. Outputs generated for other users are not your Content and you have no claim to them.

4.4 No Output Non-Infringement Warranty

We do not represent or warrant that Outputs are original, non-infringing, or fit for any particular purpose. You are solely responsible for evaluating Outputs before any use, distribution, or publication, and for ensuring that your use does not infringe third-party rights.

4.5 Outputs from Third-Party AI Models

Outputs generated using Third-Party AI Models may be subject to additional terms imposed by the third-party model provider, including provider-specific use restrictions, attribution requirements, or commercial-use limitations. Where such terms apply, we will identify the applicable model and provider in the Service interface or our Sub-Processors and Model Providers list.

4.6 Watermarking and Provenance

We may embed watermarks, content credentials (including C2PA metadata), or other provenance markings in Outputs to indicate that the content was AI-generated, to comply with applicable law (including EU AI Act Article 50), or for our security and integrity purposes. You will not remove, alter, obscure, or interfere with any watermark or content-authenticating metadata in Outputs.

4.7 AI-Disclosure Obligation

Where applicable law requires disclosure that content was AI-generated or where Outputs depict, identify, or resemble a real person, you will publicly identify that the Output was AI-generated when you publish, distribute, or display it.

5. License Grants

5.1 License to Operate the Services

You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, transmit, display, modify, and create derivative works of your Inputs and Outputs solely as necessary to: (a) provide, operate, secure, and improve the Services for you; (b) enforce this Agreement; and (c) comply with applicable law, legal process, or governmental request.

5.2 Use for Training

We do not use your Inputs or Outputs to train our AI models or to train Third-Party AI Models, except where you expressly opt in. Aggregated, de-identified data derived from Service operation (such as performance metrics and abuse-detection signals) may be used to operate, secure, and improve the Services, but does not include your identifiable Inputs or Outputs.

5.3 Aggregated and De-Identified Data

We may use aggregated, de-identified, or anonymized data derived from the Services for any lawful purpose, including security, analytics, abuse detection, capacity planning, and reporting. Such data does not identify you or your Inputs/Outputs.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.

5.5 Survival of Operational License

The license in Section 5.1 survives termination only to the extent necessary to retain content for legal-hold, regulatory-compliance, or backup purposes for the limited periods described in our Privacy Policy.

6. Acceptable Use

6.1 Acceptable Use Policy Incorporated

Your use of the Services is governed by the Acceptable Use Policy ("AUP"), which is incorporated into this Agreement. The AUP sets out specific prohibited content categories and prohibited use cases, including (without limitation):

• (a) Child Sexual Abuse Material (CSAM), including any content that depicts, represents, describes, promotes, or facilitates the sexual abuse, sexual exploitation, or sexualization of a minor, whether real, fictional, simulated, altered, or AI-generated;
• (b) Non-consensual intimate imagery (NCII), including AI-generated intimate content depicting an identifiable real person without their verifiable consent;
• (c) Sexually explicit or pornographic content;
• (d) Violence, gore, terrorism, violent extremism, weapons-of-mass-destruction enablement, and self-harm promotion;
• (e) Hate speech, harassment, and content discriminating against protected classes;
• (f) Election misinformation, voter suppression, and political deception;
• (g) Deepfakes and impersonation, including content that resembles or impersonates the identity, voice, likeness, or persona of any real person (living or deceased), entity, or brand without verifiable rights or consent;
• (h) Style-mimicry of identifiable living artists intended to substitute for or be confused with their work;
• (i) Generation of replicas of copyrighted characters, copyrighted artworks, or registered trademarks;
• (j) Use in administration of justice, law enforcement, immigration, or asylum proceedings, or as evidence in legal or regulatory matters;
• (k) Fully automated decision-making affecting an individual's legal rights, access to essential services, employment, credit, insurance, housing, or education;
• (l) Medical, legal, financial, or other regulated professional advice presented as authoritative;
• (m) Surveillance, biometric identification, or stalking of individuals based on biological or behavioral characteristics;
• (n) Violation of any applicable law, regulation, or third-party right, including intellectual property, publicity, privacy, data-protection, sanctions, and export-control law;
• (o) EU AI Act Article 5 prohibited practices, including subliminal techniques, manipulative or deceptive practices, exploitation of vulnerabilities based on age, disability, or socio-economic situation, social scoring, and predictive policing.

6.2 No Real People Without Rights

You will not generate Outputs featuring real people, brands, or entities, or any Output that might legally or materially impact a real person or entity, without first obtaining all necessary rights and consents.

6.3 No Scraping; No Reverse Engineering

You will not scrape, crawl, or extract Service data; reverse-engineer, decompile, or attempt to derive source code or model weights; circumvent rate limits or authentication; or use the Services or Outputs to develop, train, fine-tune, or improve any artificial-intelligence or machine-learning system that competes with the Services.

6.4 Sanctions and Export Controls

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive US sanctions, and that you are not on any US, UK, EU, or UN restricted-party list. You will not provide access to the Services to any such person or entity.

6.5 Discretionary Enforcement

We may, but are not obligated to, monitor, screen, review, refuse, modify, remove, block, or disable access to any Input, Output, account, or content, with or without notice and at our sole discretion. Our exercise of (or failure to exercise) any monitoring or removal right does not create any duty of care, undertaking, or warranty, and does not waive any defense available to us under law.

6.6 Account Consequences

We may suspend, restrict, or terminate your account, withhold or revoke access to any feature, and/or refuse to provide further service to you, at our sole discretion, for any violation or suspected violation of this Agreement. We may also report illegal activity to law enforcement, regulators, or other competent authorities and cooperate with any investigation.

7. Subscriptions, Fees, and Payment

7.1 Plans and Pricing

The Services are offered under free, paid, and enterprise plans. Plan features, limits, and prices are described on the Service. Prices are exclusive of applicable taxes unless otherwise stated.

7.2 Billing and Auto-Renewal

Paid subscriptions auto-renew at the end of each billing cycle at the then-current rate unless cancelled at least 24 hours before renewal. You authorize us (and our payment processor) to charge your payment method on each renewal.

7.3 Payment Processor

Payments are processed by our payment processor, subject to that processor's terms. We are not liable for processor errors, declines, or delays.

7.4 Refunds

Except where required by applicable consumer-protection law or as expressly stated in plan-specific terms, fees are non-refundable.

7.5 No Chargebacks for Authorized Charges

You agree not to initiate a chargeback or payment dispute for charges authorized under this Agreement. Disputed charges should be raised first with our support team. Unjustified chargebacks may result in suspension or termination.

7.6 Taxes

You are responsible for any sales, use, value-added, withholding, or similar taxes other than taxes on our net income.

7.7 Free-Tier Use

Free-tier access may be modified, limited, or discontinued at any time without notice. Output and feature limits applicable to the free tier are stated on the Service.

8. Intellectual-Property Indemnity (Paid Tiers Only)

8.1 Eligible Customers

This Section 8 indemnity is available only to customers on paid plans designated as "Business," "Pro," or "Enterprise" in the Service ("Eligible Customers"). It is not available to free-tier users.

8.2 What We Will Defend

Subject to the limits and exclusions below, we will defend Eligible Customers against any third-party claim alleging that an Output, when used as permitted by this Agreement, directly infringes that third party's US copyright, US trademark, or US right of publicity, and we will pay the damages and costs awarded in a final non-appealable judgment, or amounts agreed in a settlement we authorize.

8.3 Exclusions

This indemnity does not apply, and we have no obligation, where the claim arises out of or relates to:

• (a) Your modification of the Output, or your combination of the Output with content, services, or tools not provided by us;
• (b) Your use of the Output after we notify you to stop or after we provide a non-infringing alternative;
• (c) Your Inputs, including any Inputs you upload or any prompts intended to generate Output substantially similar to identified third-party intellectual property;
• (d) Your breach of this Agreement, the AUP, or applicable law;
• (e) Your use of beta or experimental features;
• (f) Outputs generated through Third-Party AI Models where the third-party provider's terms govern;
• (g) Style-mimicry, deepfake, or impersonation Outputs;
• (h) Claims arising under jurisdictions other than the United States, except where we have expressly extended coverage in writing.

8.4 Conditions

The indemnity applies only if you: (i) notify us in writing of the claim within 10 days; (ii) give us sole control of defense and settlement; (iii) cooperate with us reasonably and at our cost; and (iv) do not make any admission or settlement without our written consent.

8.5 Cap

Our total aggregate liability under this Section 8 is capped at the greater of US$25,000 or two times the fees you paid us in the 12 months preceding the claim. This cap does not increase the overall liability cap in Section 14.

8.6 Sole Remedy

This Section 8 sets out our sole and exclusive obligation, and your sole and exclusive remedy, for third-party intellectual-property infringement claims relating to Outputs.

9. Your Indemnification of the Company

9.1 Indemnity

You will defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and Third-Party AI Model providers (collectively, "Indemnified Parties") from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Inputs, Outputs, or any other content you submit; (b) your use or misuse of the Services; (c) your violation of this Agreement; (d) your violation of any law, regulation, or third-party right (including intellectual-property, publicity, privacy, biometric, or data-protection rights); (e) your breach of any representation or warranty; (f) any actions taken by a third party using your account.

9.2 Procedure

We will notify you of any claim and may, at our option, assume sole control of the defense and settlement of any matter subject to indemnification. You will cooperate reasonably and at your cost. You will not settle any claim that imposes any obligation on or admission by an Indemnified Party without our written consent.

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, and disclosure of personal information is described in the Privacy Policy.

10.2 Independent Controllers

For the purposes of EU/UK/Swiss data-protection law, you and the Company act as independent controllers in respect of personal data each processes for its own purposes, except as otherwise specified in a Data Processing Addendum executed for an enterprise plan.

10.3 Your Data-Subject Rights

Where applicable, you and any individual whose personal data appears in your Inputs may exercise rights of access, correction, deletion, portability, and objection as described in the Privacy Policy.

11. Biometric and Likeness Inputs

11.1 Special Categories

Inputs may include data that constitutes "biometric data," "biometric identifiers," "biometric information," or "special categories of personal data" under various laws (including the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington biometric statute, the Illinois Genetic Information Privacy Act, the EU/UK GDPR Article 9, and the California CPRA).

11.2 Geographic Availability of Biometric Features

Features that involve face or voice biometric processing (including face-swap, face-driven character generation, voice cloning, and lip-sync) are not available to residents of the State of Illinois or the State of Texas, and may be restricted or unavailable in other jurisdictions where biometric processing requires regulatory licensing or registration. By enabling or using any such feature, you represent that you are not a resident of Illinois or Texas and that the feature is lawful in your jurisdiction.

11.3 No Self-Classification

We do not determine or represent whether any Input or Output constitutes biometric data, a biometric identifier, biometric information, a "scan of face geometry," or any other regulated category under any specific law. The classification of such data may vary by jurisdiction and is your responsibility.

11.4 No Use for Identification

You will not use the Services for biometric identification of any individual, for the surveillance or tracking of individuals based on unique biological, physiological, or behavioral characteristics, or for any activity intended to identify a person without their informed consent.

11.5 Media Upload Agreement

Your upload of any image, video, voice sample, or other media that depicts or contains personal characteristics of a real person is governed by the Media Upload Agreement, which is incorporated into this Agreement.

11.6 Single-Subject Restriction for Self-Portrait Features

For features that generate or modify content depicting a specific individual (such as personal-avatar or self-portrait generators), you will only upload media depicting yourself, will not upload media depicting any other individual, and will not use such features for content depicting any other person.

11.7 Retention and Deletion

Where you have uploaded media containing personal characteristics, you may delete that media through your account settings. Deletion will remove the media from active systems within 30 days, subject to limited retention for legal hold, fraud prevention, and security investigation. Account deletion does not unwind any de-identified, aggregated data already incorporated into our security or analytics systems, but no identifiable Inputs or Outputs are retained beyond the periods stated in our Privacy Policy.

12. Third-Party Services and Models

12.1 Third-Party Terms Apply

Third-Party AI Models and any other third-party services integrated with the Services are subject to the third party's own terms of service and privacy policies. Where you use a Third-Party AI Model through the Services, you agree to comply with that provider's terms in addition to this Agreement.

12.2 No Warranty for Third-Party Content

We make no warranty regarding any Third-Party AI Model or third-party service. Third-party content moderation may vary by provider and is not warranted by us.

12.3 Pass-Through of Third-Party Restrictions

Where a Third-Party AI Model provider imposes specific restrictions (for example, prohibitions on real-money gambling content, content depicting specific public figures, or specific commercial-use limits), those restrictions are passed through to you and apply to your use of features that rely on that model. We will identify the applicable provider and link to its terms.

13. Disclaimers of Warranty

13.1 AS IS / AS AVAILABLE

THE SERVICES, OUTPUTS, AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

13.2 No Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ABSENCE OF ERRORS OR HARMFUL COMPONENTS.

13.3 No Output Warranty

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, ORIGINAL, NON-INFRINGING, OR FIT FOR ANY PURPOSE. OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OFFENSIVE OR DISTURBING MATERIAL, AND MATERIAL THAT INFRINGES OR VIOLATES THIRD-PARTY RIGHTS.

13.4 No Professional Advice

OUTPUTS DO NOT CONSTITUTE LEGAL, MEDICAL, FINANCIAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF OR RELIANCE ON OUTPUTS.

13.5 Algorithmic Outputs Do Not Reflect Company Views

Outputs are produced algorithmically and do not represent the views, values, or opinions of the Company, even where they appear to make statements about sensitive topics.

13.6 No Guarantee of Continuous Availability

We do not warrant that the Services will be uninterrupted, timely, secure, or free of errors. We may modify, suspend, or discontinue the Services or any feature at any time.

14. Limitation of Liability

14.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR ANY COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) US$100; OR (B) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Carve-Outs

Sections 14.1 and 14.2 do not apply to: (a) liability that cannot be excluded under applicable law (including, in some jurisdictions, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation); (b) your indemnification obligations in Section 9; (c) your violations of Section 6 (Acceptable Use), Section 6.4 (Sanctions), or any intellectual-property right of the Company.

14.4 Allocation of Risk

You acknowledge that the disclaimers and limitations in Sections 13 and 14 are an essential part of the bargain and reflect the allocation of risk between you and us, and that absent these provisions the Services would not be offered on the same economic terms.

14.5 One-Year Limitations Period

ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT WILL BE PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.

15. Suspension and Termination

15.1 Termination by You

You may terminate your account at any time through the account settings. Termination does not entitle you to a refund of any prepaid fees, except where required by applicable consumer-protection law or by plan-specific terms.

15.2 Termination by Us

We may suspend or terminate your account or this Agreement at any time, with or without notice, including for any violation or suspected violation of this Agreement, the AUP, or applicable law; non-payment; extended inactivity; security or fraud reasons; or for any other reason at our sole discretion.

15.3 Automatic Termination on Specified Violations

Your authorization to access the Services and this Agreement automatically terminate upon any violation of Section 6.1(a) (CSAM), Section 6.1(b) (NCII), or Section 6.4 (Sanctions).

15.4 Effect of Termination

On termination: (a) your right to access the Services immediately ceases; (b) we may delete your account, Inputs, and Outputs after a reasonable retention period (subject to legal-hold and regulatory-compliance obligations); (c) the licenses you granted in Section 5.1 terminate prospectively except as needed for legal-hold and backup retention; (d) Sections 4 (other than 4.1), 5.3, 5.4, 8.5, 9, 13, 14, 15.4, 16, 17, 18, 19, and 20 survive.

16. Copyright and Trademark Infringement (DMCA)

16.1 Notice and Takedown

We respect the intellectual-property rights of others and respond to notices of alleged infringement under the US Digital Millennium Copyright Act ("DMCA"). Our DMCA notice procedure, designated agent contact, and counter-notification procedure are set out in our Copyright and Trademark Policy.

16.2 Repeat-Infringer Policy

We have adopted and reasonably implemented a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. The policy is set out in the Copyright and Trademark Policy and includes specific thresholds, notice obligations, and an appeal process.

16.3 Designated Agent

Notices of alleged copyright infringement may be sent to our designated DMCA agent at: [TBD] (registered with the US Copyright Office).

17. Trust and Safety; Mandatory Reporting

17.1 Trust & Safety Policy

Our Trust & Safety Policy describes our content-safety practices, including our cooperation with the National Center for Missing & Exploited Children (NCMEC) CyberTipline pursuant to 18 U.S.C. § 2258A, our use of industry-standard image-hashing tools (including PhotoDNA and similar databases), our processes for non-consensual intimate imagery removal under the federal Take It Down Act (with a 48-hour SLA from a verified report), and our designated child-safety contact.

17.2 Reporting Channels

Channels to report illegal content, NCII, CSAM, or safety incidents are described on our Trust & Safety page and operate 24/7.

17.3 Cooperation with Law Enforcement

We may report illegal activity, preserve information pursuant to lawful preservation requests, and disclose information to law enforcement, regulators, courts, or other competent authorities in connection with suspected illegal use, in accordance with applicable law and our Privacy Policy.

18. EU/UK Users; AI Act and DSA

18.1 EU AI Act Article 50

Where required by Article 50 of Regulation (EU) 2024/1689 (the EU AI Act) or other applicable law, we will mark Outputs as AI-generated using machine-readable provenance signals (including C2PA where supported) and you will not remove or interfere with such markings.

18.2 EU Digital Services Act

For EU users, our notice-and-action mechanism, statement-of-reasons procedure, trusted-flagger intake, internal complaint-handling system, and out-of-court dispute settlement options are described in our DSA Compliance Notice. Our designated point of contact for EU authorities and users is [TBD].

18.3 EU Representative under GDPR

Our representative in the EU under Article 27 of the GDPR is [TBD].

19. Dispute Resolution; Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. It requires you to resolve most disputes with us through binding individual arbitration and waives your right to a jury trial and to participate in class actions, except as expressly provided.

19.1 Informal Resolution

Before initiating arbitration, you and we agree to attempt to resolve any dispute informally for at least 60 days. The party initiating must send a written notice describing the dispute and the relief sought to: legal@promptwise.com / ZeroTen Media Inc., Attn: Legal, 1007 N Orange Street, 4th Floor, Wilmington, Delaware 19801, USA (for notices to us) or to your account email (for notices to you).

19.2 Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, except as carved out in Section 19.6, will be resolved exclusively through final and binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Rules for non-consumer claims), as modified by this Agreement. The arbitrator will be a single neutral arbitrator. The arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

19.3 Seat and Procedure

The seat of arbitration is San Francisco, California. The arbitration will be conducted in English. The arbitrator may award any relief that a court could award, except that the arbitrator may not consolidate claims or preside over class, collective, or representative proceedings except as provided in Section 19.5 (Batch Arbitration).

19.4 Class, Collective, and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in court, and the remainder will proceed in arbitration.

19.5 Batch Arbitration

If 25 or more substantially similar arbitration demands are filed against us by or with the assistance of the same law firm or coordinated counsel within a 60-day period, the demands will be consolidated into batches of up to 100 claims. Each batch will be administered as a single consolidated arbitration with a single arbitrator, a single set of filing fees apportioned equally, and a single award. We will pay our share of AAA filing fees in the ordinary course; however, where 25 or more substantially similar demands have been filed, AAA's standard cost-allocation rules apply.

19.6 Carve-Outs

This Section 19 does not require arbitration of: (a) claims that may be brought in small-claims court if the claim is within that court's jurisdiction and proceeds on an individual basis; (b) claims for injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights; (c) claims of CSAM, NCII, or other matters as to which arbitration is barred by applicable law.

19.7 30-Day Opt-Out

You may opt out of this Section 19 (other than the small-claims and equitable-relief carve-outs) by sending written notice within 30 days of first accepting these Terms to: ZeroTen Media Inc., Attn: Legal — Arbitration Opt-Out, 1007 N Orange Street, 4th Floor, Wilmington, Delaware 19801, USA. The notice must include your name, account email, and a clear statement that you are opting out. If you opt out, neither you nor we will be bound by Sections 19.2–19.5.

19.8 Jury Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY in any proceeding arising out of or relating to this Agreement or the Services that proceeds in court rather than arbitration.

20. General Terms

20.1 Governing Law

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Forum (Non-Arbitrable Matters)

Any non-arbitrable matter must be brought exclusively in the state or federal courts located in San Mateo County, California, and you and we consent to the personal jurisdiction of those courts.

20.3 Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, cyber attack, internet or utility outage, government action, unavailability or failure of Third-Party AI Models, partner-API failures, or upstream model-provider outages.

20.4 Compliance with Local Law

The Services are operated from the United States. We do not represent that the Services are appropriate for use in any particular jurisdiction. Those who access the Services from outside the United States do so on their own initiative and are responsible for compliance with local law.

20.5 Assignment

You may not assign this Agreement or any rights or obligations under it without our prior written consent. We may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.

20.6 No Waiver; Severability

Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20.7 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the Services and supersedes any prior or contemporaneous agreements on the subject matter.

20.8 No Third-Party Beneficiaries

Except for the Indemnified Parties named in Section 9, this Agreement creates no third-party beneficiary rights.

20.9 Notices

Notices to us must be sent to legal@promptwise.com and ZeroTen Media Inc., Attn: Legal, 1007 N Orange Street, 4th Floor, Wilmington, Delaware 19801, USA. Notices to you may be sent to your account email or posted in the Service.

20.10 Relationship

The parties are independent contractors. This Agreement does not create any agency, partnership, joint venture, or employment relationship.

20.11 Headings

Headings are for convenience only and do not affect interpretation.

20.12 California Disclosure

Under California Civil Code § 1789.3, California residents are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact

For questions about this Agreement, contact: legal@promptwise.com | ZeroTen Media Inc., 1007 N Orange Street, 4th Floor, Wilmington, Delaware 19801, USA

These Terms of Service have been drafted to reflect best-practice protections identified across leading AI generation platforms as of May 11, 2026. They should be reviewed and adapted by qualified legal counsel before use. Square-bracketed placeholders must be completed.