Terms of Service
Effective Date: January 10, 2026
These terms apply to all users who create accounts or use the Service on or after this date.
1. Acceptance of Terms
By accessing or using PromptAtlas AI ("Service"), operated by KMB Holding Corp. dba PromptAtlas AI ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and KMB Holding Corp. Your continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications.
2. Description of Service
PromptAtlas AI provides a platform for storing, organizing, searching, and improving prompts across various categories including music, images, science, research, movies, and animation. The Service includes AI-powered features for prompt enhancement, discovery, and performance tracking.
3. Subscription Tiers
The Service offers multiple subscription tiers with different features and limitations:
- Free Tier: Limited to 20 prompts with community features
- Premium Tier: Unlimited prompts with advanced features and full ownership rights
- Additional Tiers: May be offered in the future with enhanced capabilities
Subscription tier determines your rights to content ownership as described in Section 5 below.
4. User Accounts
You must create an account to use certain features of the Service. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Providing accurate and current information
5. Intellectual Property Rights & Content Ownership
5.1 Free Tier Content Ownership
All prompts, content, and data created by Free tier users ("User Content") shall be the exclusive property of KMB Holding Corp. dba PromptAtlas AI.
By using the Free tier and creating prompts, you irrevocably assign, transfer, and convey to KMB Holding Corp. all rights, title, and interest in and to your User Content, including but not limited to:
- All copyright rights and moral rights
- All trademark and service mark rights
- All patent rights and trade secret rights
- All rights to derivative works and compilations
- All rights to use, reproduce, modify, distribute, display, and create derivative works
You retain a non-exclusive, non-transferable license to use your Free tier prompts for personal, non-commercial purposes only. KMB Holding Corp. may use, modify, sell, license, sublicense, distribute, or create derivative works from Free tier prompts without compensation, attribution, or further consent from you.
5.2 Premium Tier Content Ownership
Premium tier users retain full ownership of all prompts and content they create ("Premium Content").
You grant KMB Holding Corp. a limited, non-exclusive, worldwide, royalty-free license to:
- Use your Premium Content solely for platform operation and improvement
- Display your Premium Content when you mark it as "Public"
- Analyze your Premium Content in aggregated, anonymized form for analytics and research
- Create backups and copies necessary for Service operation
We will NOT sell, license, or distribute your individual Premium Content to third parties without your explicit written consent. You maintain full control over your Premium Content.
5.3 Ownership Transfer Upon Upgrade
Upon upgrading from Free tier to Premium tier, ownership of all previously created Free tier prompts transfers to you. From the moment of upgrade:
- You regain full ownership of your historical prompts
- KMB Holding Corp. retains only the limited license described in Section 5.2
- Your prompts are no longer subject to the Free tier ownership terms
Note: Any Free tier prompts that were already incorporated into sold products, derivative works, or licensed to third parties prior to your upgrade remain subject to those prior uses.
5.4 Public Sharing
When you mark a prompt as "Public," regardless of tier:
- You grant all Service users a non-exclusive license to view and use that prompt
- Free tier: Public prompts may be included in curated collections, sold as prompt packs, used for AI training, or licensed to third parties by KMB Holding Corp.
- Premium tier: Public prompts remain your property. They are visible to the community but will not be sold or licensed without your consent.
5.5 Derivative Works & Products
Products created using prompts from PromptAtlas AI (such as images, music, code, text, or other outputs generated by AI tools) are owned by the person who generated them, not by KMB Holding Corp.
However, the prompt itself (the text instruction) is owned according to the tier structure above. You may freely share links to products created from your prompts without restriction.
6. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other users' accounts
- Harass, abuse, or harm other users
- Impersonate any person or entity
- Scrape, crawl, or use automated tools to access the Service without permission
- Upload content that infringes on others' intellectual property rights
- Use the Service to spam or send unsolicited communications
7. Payment & Billing
Premium subscriptions are billed monthly or annually as selected. By subscribing, you authorize us to charge your payment method on a recurring basis. You may cancel at any time, effective at the end of your current billing period.
All fees are non-refundable except as required by law or as stated in our Refund Policy. We reserve the right to change pricing with 30 days' notice to existing subscribers.
8. Data Usage & Privacy
Your use of the Service is also governed by our Privacy Policy. We collect and use data as described in that policy.
Free tier users: Your prompts may be used for platform improvement, AI training, analytics, and commercial purposes as described in Section 5.1.
Premium tier users: Your prompts are used only for platform operation and aggregated analytics as described in Section 5.2.
9. Service Modifications & Termination
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We may terminate or suspend your account for violations of these Terms.
Upon termination, your right to use the Service ceases immediately. Premium users may export their data before termination. Free tier content remains the property of KMB Holding Corp. after termination.
10. Disclaimers & Limitations of Liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KMB HOLDING CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
11. DMCA & Copyright Disputes
We respect intellectual property rights. If you believe content on the Service infringes your copyright, please contact us at [email protected] with:
- Identification of the copyrighted work
- Location of the infringing material
- Your contact information
- A statement of good faith belief that use is unauthorized
- A statement under penalty of perjury that information is accurate
- Your physical or electronic signature
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court for intellectual property disputes.
13. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.
The "Effective Date" at the top of this document indicates when these Terms were last updated.
14. Contact Information
For questions about these Terms, please contact us at:
Summary of Key Points
- •Free tier: We own your prompts and can use them commercially. You get free storage and community access.
- •Premium tier: You own your prompts. We only use them for platform operation.
- •Upgrade: When you upgrade to Premium, you reclaim ownership of all your previous Free tier prompts.
- •Products: You own products created from prompts (images, music, etc.), regardless of tier.
