Platform Terms of Service

Welcome to Proto Studio! By using our platform, you agree to these Terms of Service ("Terms"), our Acceptable Use Policy (https://proto.studio/legal/aup/), and the Data Processing Addendum (https://proto.studio/legal/data/), which are incorporated herein by reference. These Terms apply unless you have entered into a separate Enterprise Services Agreement with Proto Studio, which supersedes these Terms. Proto Studio is operated from New Hampshire, United States, and these Terms are governed by the laws of this jurisdiction.

Acceptance of Terms

Accessing or using Proto Studio indicates your acceptance of these Terms, and you affirm that you are of legal age to enter into this agreement. You agree to comply with these Terms, our Acceptable Use Policy, and all applicable laws and regulations.

User Responsibilities

You are responsible for your use of Proto Studio and for any data stored in your account, ensuring compliance with our Acceptable Use Policy, relevant laws, regulations, and standards. You must secure access to your account and API keys. We recommend using a strong password and adding multifactor authentication to your account.

Password sharing is insecure and is prohibited to protect our users. Violation of password sharing policies may result in suspension.

Content Ownership and Licensing

You retain copyright to your content. By using Proto Studio, you grant us the right to distribute your content as necessary to provide our services, in accordance with your configurations.

You are solely responsible for determining that you have the appropriate licensing and legal authority to distribute the content.

Service Availability and Limitations

We monitor and meter usage of bandwidth, storage, and compute resources. Our plans include set limits, with charges for excess use. While we strive for uninterrupted service, we provide status updates at https://status.proto.studio/ and will prorate seat licenses for any disruptions affecting your account automatically when requested. Service credits must be requested within 30 days of the service disruption.

Payment and Subscription

Service is billed per seat, paid in advance. Monthly billing includes the next month's seats and prior month's excess usage. Additions during the billing cycle are prorated. Cancellations take effect at the billing period's end, without refunds. Usage during the final period (including but not limited to API access, bandwidth, storage, and AI) will incur charges and be billed at the end of the final period.

Customer Budget Limits

At Proto Studio, we understand the importance of managing cloud costs effectively. To support this, we offer a budget management feature that allows you to set a spending limit for each billing period. This ensures you have full control over your expenses and can avoid unexpected charges.

You can set a budget for your account for each billing period. Once your spending reaches the defined budget limit, we will automatically disable access to user-created resources to prevent further charges. If you lower the billing limit to bellow the current charges, access will be immediately disabled and the new budget will take affect in the next billing cycle. This measure is designed to give you peace of mind and to keep your spending within your anticipated limits.

Due to the limitation of distributed computing, the budget may take up to 15 minutes to take effect across all regions and services. You will be responsible for any usage prior to the budget limit taking effect.

The error displayed or provided when the maximum budget is reached (including on public and private pages, images, videos, documents, and API responses, etc.) may indicate the suspension status of the account.

To avoid unanticipated service disruptions it is best to set a budget high enough to handle more than normal anticipated usage. We will attempt send an email to all users with billing access when you reach 75% of your limit.

System Budget Limit

Each account is assigned a maximum budget limit by the system, which is determined based on your billing and usage history. This limit is in place to help manage risks associated with unexpected high usage.

The account specific billing limit cannot be increased.

Credits

From time to time we may issue Service Credits to customers as part of a promotion or customer service. You may also purchase additional service credits.

Credit usage is not counted towards your budget limits.

Credits are non-refundable and non-transferable. Credit grants may expire. The expiration date of the credits will be included at the time the credits are purchased or granted. Credits that expire sooner will be used first.

Credits may not be applied to all services. Credits being valid for a specific service does not guarantee that they will be valid in the future. Credits may be applied to Seat Licensing by making a request least 5 business days prior to the subscription renewal.

Termination, Suspension, and Data Retrieval

Violation of the Acceptable Use Policy may lead to suspension; flagrant or repeated violations will result in termination.

For billing issues, we will immediate restrict the account ability to create or modify resources. We understand that you rely on Proto Studio for business critical applications. For that reason, your user-created resources (such as APIs, documentation, databases, etc) will remain available for 15 days. After 15 days of non-payment we will suspend access and attempting to access the resources will result in an error being displayed and/or returned from the API. Accounts will be terminate after 90 days of non-payment.

The error displayed or provided when the account is suspended or terminated (including on public and private pages, images, videos, documents, and API responses, etc.) may indicate the suspension or termination status of the account.

Data from terminated accounts, including backups, cannot be retrieved. Terminated accounts lose any accumulated account credits.

Data Processing

Our Data Processing Addendum details our data processing and protection practices.

Prohibited and Illegal Activity

If we have reason to believe a Customer is violating our Terms of Service or Acceptable Use Policy we will notify the Customer to request that the issue be resolved. If within 2 business days the issue is not resolved we may remove or disable access to the Prohibited Content and/or suspend the account until the issue is resolved.

We may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law.

Limitation of Liability

Proto Studio is not responsible for damages resulting from the misuse or misconfiguration of Proto Studio by the user, including but not limited to service interruptions, data breaches, misrepresentation, and data loss.

At Proto Studio, we strive to provide high-quality services and support. However, we understand that unexpected issues can arise. Our liability for damages arising out of or related to your use of Proto Studio is limited to the total amount of one month's seat license charges paid by you.

This limitation applies to all claims in the aggregate, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

Governing Law

Disputes under these Terms shall be governed by the laws of New Hampshire, United States.

Amendments and Status

We reserve the right to update these Terms and will post changes on our site. Your continued use after updates signifies acceptance. For service availability and updates, visit our status page.

Contact Us

For questions about these Terms, please contact us at https://proto.studio/contact/.

Thank you for choosing Proto Studio!