Platform Terms of Service

Welcome to Proto Studio! By using our platform, you agree to these Terms of Service ("Terms") and our Acceptable Use Policy (https://proto.studio/legal/aup/), which are incorporated herein by reference. If you and Proto Studio complete a separate Data Processing Addendum (https://proto.studio/legal/data/) or Enterprise Services Agreement, that agreement will apply according to its terms. 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

Applications and Deployments

You are responsible for your use of Proto Studio, the data stored in your account, and the applications, APIs, databases, websites, automations, content, and other resources that you create, deploy, operate, or make available through Proto Studio. This includes responsibility for ensuring compliance with all applicable laws, regulations, industry rules, privacy obligations, security requirements, intellectual property rights, user notice and consent requirements, and our Acceptable Use Policy.

Proto Studio provides platform tools and infrastructure, but we do not review, approve, or certify the legality, security, privacy compliance, accessibility, or regulatory compliance of customer-created applications or deployments unless we expressly agree to do so in writing.

Third-Party Services

Proto Studio may allow you to connect, integrate with, import from, export to, or otherwise use third-party services. You are responsible for ensuring that your use of any third-party service connected to your Proto Studio account complies with that third party's terms, policies, permissions, usage limits, and applicable laws.

Applications, code, configurations, workflows, or other materials generated or assisted by AI may interact with third-party services in ways that do not comply with those third-party terms, policies, permissions, or usage limits. You are responsible for reviewing and validating AI-generated or AI-assisted output before connecting it to, deploying it with, or using it in connection with any third-party service.

Proto Studio is not responsible for third-party services, content, data, APIs, availability, security, privacy practices, or changes to those services.

Account Security

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.

Some Proto Studio features may generate or assist with content, code, designs, data, or other materials using artificial intelligence. Proto Studio does not promise that AI-generated output is copyrightable, protectable as intellectual property, non-infringing, original, exclusive to you, or owned by you. You are responsible for reviewing AI-generated output and determining whether you have the rights, permissions, and legal basis needed to use, modify, publish, distribute, or commercialize it.

Brand Use

Proto Studio, ProtoAuth, Proto.zip, proto.new, and our related logos, product names, designs, trade dress, and brand identifiers are trademarks, service marks, trade names, or other brand assets of Proto Studio or its affiliates, whether registered or unregistered. You may not use these names or brand identifiers in a way that suggests sponsorship, endorsement, partnership, certification, or approval by Proto Studio unless we expressly authorize it in writing.

You also may not use confusingly similar names, logos, domain names, product names, or branding in connection with your applications, services, marketing, or communications in a way that could mislead others about your relationship with Proto Studio.

AI Features and Outputs

AI-generated output may be inaccurate, incomplete, misleading, offensive, insecure, non-compliant, or otherwise unsuitable for your intended use. AI features may also produce similar or identical output for different users.

You are responsible for independently reviewing, testing, validating, and approving AI-generated output before relying on it or using it in any application, workflow, communication, legal, financial, medical, security-sensitive, regulated, or public-facing context.

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 may prorate seat licenses for disruptions affecting your account when requested. Service disruption 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.

Pricing Changes

We may update plan prices, usage rates, included features, or Service Credit amounts from time to time as Proto Studio evolves. We aim to make pricing changes thoughtfully and transparently. If a pricing change affects your account, your current listed price will remain in effect through the end of your current billing cycle or contract period, and we will provide at least 30 days' notice before the change applies to you.

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 below the current charges, access will be immediately disabled and the new budget will take effect 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 to 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

Some service plans include a fixed number of monthly Service Credits that are automatically added to your account at the beginning of each billing cycle. Monthly Service Credits expire at the end of the billing cycle in which they are issued and do not roll over. Proto Studio may change the number of monthly Service Credits included with a service plan as described in the Pricing Changes section. Any change will take effect at the beginning of a subsequent billing cycle.

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

Service Credits have no cash value and are non-refundable and non-transferable. Purchased or granted Service Credits may expire. Any applicable expiration date will be disclosed at the time the credits are purchased or granted. Credits with the earliest expiration date will be used first.

Usage paid for with Service Credits does not count toward your configured budget limits.

Service Credits may not be applied to all services. The availability of Service Credits for a particular service may change over time.

Except where explicitly stated otherwise, promotional Service Credits may only be used for products deployed to the Proto Studio platform and may not be used for API usage originating outside the Proto Studio network.

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 immediately restrict the account's 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 terminated 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 sample Data Processing Addendum describes data processing and protection terms that may be included in a separately completed DPA.

We may use third-party service providers and subprocessors to provide, secure, support, and improve Proto Studio. A list of subprocessors is available at https://proto.studio/legal/subprocessors/.

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!