Terms of Service.

1. Who we are and what these terms cover

These Terms of Service (the "Terms") are a legal agreement between you and Prompter Solutions Limited ("Prompter", "we", "us", "our"), a limited liability company registered in New Zealand (company number 9447782, NZBN 9429053847911).

They govern your access to and use of the Prompter platform, including the Produce production-management tools, the Presence public website builder, Box Office ticketing, the Bard AI assistant, and any associated websites, applications, and services (together, the "Services"), available at get-prompter.app and related subdomains.

By creating an account, or by accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

2. Eligibility

Different parts of the Services have different age requirements:

• Creating and owning an organisation (the billing account): you must be at least 18 years old. The person who creates and pays for an organisation enters a subscription agreement with us, and must have the legal capacity to do so.
• Member and cast accounts: a person invited to join an organisation may create a login if they are at least 13 years old. These accounts provide access to that organisation's tools; they do not involve any payment or subscription.
• People under 13: may not create their own account. They may still take part in a production as a person record held by the organisation, with a parent or guardian as the contact (see section 6).

You may add information about other people — including people under 18 — to your organisation as part of managing a production (see section 6). Those people are not the billing account holder; the organisation is responsible for them, and for any consents required, under section 6.

3. Accounts and organisations

To use the Services you create a user account and an organisation (an "Org"). The person who creates an Org is its owner.

• You are responsible for the accuracy of your account information and for keeping your login credentials secure.
• The Org owner is responsible for everything done under the Org, including the actions of all members they invite, and for ensuring members comply with these Terms.
• You may invite other people to your Org and assign them roles. Billing and certain administrative actions are restricted to the Org owner.
• You are responsible for all activity that occurs under your account and Org, whether or not authorised by you, to the extent permitted by law.

4. The Services

Prompter provides software for running community theatre organisations. Functionality depends on your subscription tier and the products you enable, and includes (without limitation) production management, people and casting records, scheduling, budgeting, document storage, the Bard AI production assistant, organisation public sites, and Box Office ticketing.

• We may add, change, or remove features. We will not make material reductions to the core Services you pay for without reasonable notice.
• The Bard AI assistant is a feature of paid tiers. Its outputs are generated by a third-party AI model (see our Privacy Policy) and may be inaccurate or incomplete. You must not rely on Bard outputs as professional, legal, financial, or safety advice, and you remain responsible for decisions you make.
• Some features rely on third-party services (see section 9) and are subject to their availability.

5. Subscriptions, billing, and fees

Tiers. The Services are offered on a free tier and one or more paid subscription tiers. Current tiers, inclusions, and prices are shown on our pricing page at the time of purchase, which prevails over any figures summarised elsewhere.

Subscriptions. Paid subscriptions are billed in advance on a monthly or annual basis through our payment processor, Stripe. By subscribing you authorise recurring charges until you cancel.

Renewals and cancellation. Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. You can manage or cancel your subscription at any time through the customer billing portal. When you cancel, you keep access until the end of the period you have already paid for, and you will not be charged again. We do not provide refunds for partial billing periods, or for unused time remaining on an annual plan. This does not limit any rights you may have under consumer law that cannot lawfully be excluded (see section 10).

Currency. Prices may be displayed and charged in different currencies depending on your region. Where local pricing for your region is not available, your subscription is billed in US dollars, and this is disclosed before checkout.

Box Office ticketing fees. If you use Box Office to sell tickets, a platform fee applies to ticketing activity (currently 4% on the free tier and 2.5% on paid tiers), in addition to any fees charged by Stripe for payment processing. Ticketing is provided through Stripe Connect; you may be required to agree to Stripe's connected-account terms. Funds from ticket sales are settled to you through Stripe.

Taxes. Prices are exclusive of any applicable taxes (such as GST) unless stated otherwise. You are responsible for any taxes arising from your use of the Services other than taxes on our income.

6. Your content and your responsibilities for other people's data

Your content. You and your Org may upload, create, and store content through the Services — including people records, contact details, emergency contacts, headshots and other images, audition files, scripts, budgets, and documents ("Customer Content").

You control your Customer Content; we process it for you. As between you and Prompter, your Org is the controller of the Customer Content it holds, and Prompter acts as a processor, handling that content on your instructions to provide the Services. How we handle it is described in our Privacy Policy.

Your warranties about third-party data. Much of the Customer Content is personal information about other people — your cast, crew, applicants, and contacts, some of whom may be under 18. You represent and warrant that, for all such personal information you upload or ask us to process:

• you have the right to collect it and to provide it to us for processing;
• you have provided any privacy notices and obtained any consents or authorisations required by law (including, where the person is a minor, any necessary consent from a parent or guardian); and
• your collection and use of it complies with all applicable privacy laws.

You indemnify us against claims arising from Customer Content that breaches these warranties, to the extent permitted by law.

Deletion. Some content is deleted automatically as part of how the Services work — see our Privacy Policy for the retention periods that apply. You are responsible for keeping your own records where you need them.

7. Acceptable use

You must not:

• use the Services unlawfully, or to store or transmit unlawful, infringing, or harmful content;
• upload personal information about others without the rights and consents described in section 6;
• attempt to gain unauthorised access to the Services, other Orgs' data, or our systems, or probe, scan, or test their security without our written permission;
• interfere with or disrupt the Services, or circumvent usage limits or access controls;
• resell or provide the Services to third parties except as expressly permitted; or
• use the Services to send spam or to process payments fraudulently.

We may investigate and take action (including suspension — see section 11) for breaches.

8. Intellectual property

Our IP. We own the Services and all related software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms.

Your IP. You retain all rights in your Customer Content. You grant us a licence to host, store, process, transmit, and display your Customer Content solely as needed to provide and support the Services, and as described in our Privacy Policy.

Feedback. If you give us feedback or suggestions, we may use them without obligation to you.

9. Third-party services

The Services rely on third-party providers, including (without limitation) Supabase (database, file storage, and authentication), Vercel (hosting), Cloudflare (DNS), Stripe (payments and ticketing), Resend (transactional email), Zoho (our own email inboxes), and Anthropic (the AI model behind Bard). Your use of the Services may be subject to those providers' terms, and we are not responsible for their acts or omissions beyond our own obligations to you. Our Privacy Policy describes what each provider does with data, and where it is located.

10. Disclaimers and limitation of liability

Disclaimers. The Services are provided "as is" and "as available". To the extent permitted by law, we exclude all implied warranties. We do not warrant that the Services will be uninterrupted, error-free, or that AI-generated outputs will be accurate.

Consumer law. Nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other laws that cannot lawfully be excluded. Where you acquire the Services for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, to the extent permitted.

Limitation. To the maximum extent permitted by law, our total liability arising out of or relating to the Services is limited to the amount you paid us in the 12 months before the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of data, or loss of profits.

11. Suspension and termination

• You may stop using the Services and cancel your subscription at any time.
• We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users — with notice where reasonably practicable.
• On termination, your licence to use the Services ends.

Export before you close. You can download your data at any time while your account is open — a personal export, or, if you are an Org owner, an export of the whole Org. Take your export before closing, because closure and deletion are not reversible once complete.

Closing a user account deletes that account and its personal records immediately. If you are the sole owner of an Org, you must first transfer ownership or delete the Org.

Deleting an organisation is scheduled rather than immediate: the Org is frozen for 30 days — its public website and ticketing switch off straight away, and members lose access — during which the owner can restore it. After 30 days it is permanently deleted, along with its files and any orphaned member accounts. Subscriptions are set to cancel at the end of the period already paid for.

In each case we may retain limited records where we must, to meet legal obligations (see our Privacy Policy).

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will give reasonable notice (for example, by email or in-product notice). Continued use after changes take effect means you accept the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.

If a dispute arises, we ask that you contact us first so we can try to resolve it directly — most things are settled that way, and nothing in this paragraph stops either of us going to court if that fails.

14. Contact

Prompter Solutions Limited, New Zealand (company number 9447782, NZBN 9429053847911).

Questions about these Terms can be sent to hello@get-prompter.app.