These terms govern the use of AppsTech Prysme (“Prysme”), the proposal software available at prysme.appstechlabs.com, which AppsTech Labs, Inc. (“AppsTech Labs”, “we”) provides to organizations (“you”, the “Customer”).
The person who creates an account or accepts these terms for an organization confirms that he or she has the authority to bind it. Prysme is offered for business and professional use and is not offered to consumers.
1.The service
Prysme is online software that drafts, reviews and exports proposals, grant applications, reports to funders and questionnaires, using artificial intelligence and the information your organization provides. Its features are described in the application and on the product page, and they may change as described in section 14.
2.Accounts and members
- Your organization’s owner invites the members and sets their roles, within the number of members your plan includes.
- Each member keeps his or her password confidential. You are responsible for the activity carried out under your members’ accounts.
- If you suspect that an account has been used without authorization, tell us promptly at contact@appstechlabs.com.
- The information given at sign-up must be accurate and kept current, including the organization’s name and, for the nonprofit rate, its registration status.
3.Free trial
An organization can try Prysme free of charge for 14 days, without a payment card, with three team members, ten active proposals and reports, and 1,000 AI credits. The trial is offered once per organization. When it ends, a paid plan is needed to continue working with AI, and your content is kept as described in section 11.
4.Plans, prices and payment
- The plans, their limits and their prices are those shown on the pricing page and in the application when you subscribe.
- Plans are billed monthly or yearly, in advance. A yearly plan is priced at ten times the monthly price.
- Payment is made by card through Stripe’s checkout. Organizations that need to pay by invoice can ask us; invoices are payable within 30 days.
- Prices exclude applicable taxes, which are calculated at checkout and shown on each invoice.
- A subscription renews automatically for the same period until it is canceled.
- We announce any change in price by email at least 30 days in advance. The new price applies from the next renewal.
- After a failed card payment, Stripe retries the payment and work with AI continues for 7 days, then pauses until the payment succeeds. For payment by invoice, work with AI continues for 14 days after the due date. Your content remains available in both cases.
5.Nonprofit rate, promotion codes and grants
- Registered nonprofit organizations pay 30% less on every plan once AppsTech Labs has reviewed the registration document they provide. We may decline the rate, or end it from the next renewal, if the organization does not qualify or ceases to qualify.
- A promotion code or a grant code applies under the conditions stated when it is given, including the period it covers. Before that period ends, we tell you how the subscription continues.
6.AI credits
- AI credits measure the work done by the AI models. The pricing page gives the usual number of credits for a section draft, a review and the reading of a document.
- Each plan includes a monthly allowance, which renews every month, on yearly plans as well. An unused allowance does not carry over to the next month.
- Extra credit packs are used after the monthly allowance. Purchased credits can be used only while the organization has an active paid plan, subject to the refund in section 7.
- On the Professional plan, each pack of extra members adds members, active proposals and monthly credits for as long as it is part of the subscription.
7.Cancellation and refunds
- You can cancel at any time from the Plan and usage page. The cancellation takes effect at the end of the period already paid, and the plan remains available until then.
- First payment. The first payment for a plan, monthly or yearly, is refunded in full on request made within 14 days of that payment. This refund applies once per organization, and the subscription ends when it is made.
- Credit packs. An extra credit pack may be refunded on request made within 30 days of its purchase, provided none of its credits has been used.
- Other payments are not refunded for a partial period, unless the law requires it.
- Refund requests go to contact@appstechlabs.com. Refunds are made to the original means of payment.
8.Your content
- You keep all rights in the information, documents and files your organization puts into Prysme. As between you and AppsTech Labs, you own any rights AppsTech Labs may have in the proposals, reports and answers Prysme produces for you (the “Output”). Section 9 explains that similar inputs can produce similar Output for other customers.
- You grant AppsTech Labs a limited license to store, process, copy and transmit your content, for the sole purpose of providing and supporting Prysme for you, including its transmission to the service providers listed in the security and data note.
- AppsTech Labs does not use your content to train AI models and does not sell it.
- You confirm that you have the right to use the content you upload, including calls for proposals, third-party documents and information about the people named in your proposals.
9.Use of AI output
- Prysme drafts with AI models. The Output can contain errors, omissions or statements that do not fit your situation. You review and approve each document before you send or submit it, and you are responsible for what you submit.
- You should verify independently the factual claims, figures, calculations, citations, eligibility requirements and submission requirements in a document before you submit it.
- The scores and verdicts of the reviewer panel simulate the reading of an evaluator. They do not predict the actual evaluation, and AppsTech Labs does not guarantee that a proposal will be selected, funded or awarded.
- Prysme does not provide legal, tax or financial advice. The legal terms, prices and commitments in a proposal are those you set.
- Output produced for you may resemble output produced for other customers when the inputs are similar.
10.Acceptable use
You agree to use Prysme lawfully and in particular not to:
- prepare documents that misrepresent your organization’s qualifications, references, certifications or figures;
- upload content that infringes the rights of others, or any malicious code;
- attempt to access another organization’s data, test Prysme’s security without our written permission, or disrupt the service;
- resell Prysme or make it available outside your organization, or use it to build a competing product;
- get around the plan limits, the counting of credits or the access controls;
- use Prysme in breach of the applicable usage policies of AppsTech Labs’ AI or infrastructure providers.
We may suspend or terminate access that breaches this section, as described in section 15.
11.Data, security and confidentiality
- Personal data and your content are handled as described in the privacy notice and the security and data note. Your content is logically segregated from other customers’ content and protected by the safeguards described in that note.
- A data processing agreement is available on request. Once signed, it governs the processing of personal data on your behalf.
- Each party keeps confidential the non-public information of the other that it receives through Prysme, and uses it only for the purposes of these terms. The AppsTech Labs team accesses your content to operate the service, to answer your support requests or to meet a legal obligation.
- After a cancellation or termination, your content remains available for export, in Word and PDF, for 90 days. AppsTech Labs may delete it after that period, unless the law requires it to be kept or a written agreement provides otherwise. On a written request to contact@appstechlabs.com, it is deleted sooner, within 30 days of the request.
12.Connected services
- Prysme works on its own. Connecting Salesforce or Google Drive is optional, and the providers’ own terms also apply to those connections. Your administrator chooses what is connected and can disconnect it at any time.
- Stripe processes payments under its own terms.
- AppsTech Labs is not responsible for the availability, security or operation of these third-party services, or for the changes their providers make. Where such a change affects a connection, AppsTech Labs adapts Prysme within a reasonable time where it can.
13.Intellectual property
AppsTech Labs and its licensors own Prysme, its software, its design, its reviewer profiles and its documentation. These terms grant you a non-exclusive, non-transferable right to use Prysme during your subscription, for your organization’s own purposes. We may use the suggestions you send us to improve Prysme, without obligation to you.
14.Availability and changes to Prysme
We make reasonable efforts to keep Prysme available. Maintenance can interrupt it, and we schedule it outside usual working hours where possible. Features may change over time. If AppsTech Labs materially reduces the core functionality of your plan and does not provide substantially equivalent functionality, you may cancel and receive a refund of the fees paid in advance for the unused period.
15.Suspension and termination
- We may suspend access, in whole or in part, for a payment still due after the periods in section 4, a breach of section 10 or a security risk. We tell you the reason and restore access once the matter is resolved.
- We may suspend or terminate access immediately, without a cure period, in case of fraud, unlawful use, a deliberate attack on Prysme’s security or a serious security threat, intentional infringement, or misuse that threatens the service or other customers.
- Either party may terminate the subscription for any other material breach that is not cured within 30 days of written notice.
- On termination, access ends and section 11 applies to your content. Sections 8, 9, 11, 13, 16, 17, 18, 20 and 21 continue to apply.
16.Warranties
AppsTech Labs provides Prysme with reasonable skill and care. To the extent permitted by law, Prysme is otherwise provided “as is” and “as available”, and AppsTech Labs disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
17.Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, contracts or data. The total liability of each party under these terms is limited to the amounts paid by the Customer for Prysme during the 12 months before the event giving rise to the claim. These limits do not apply to payment obligations, to the Customer’s indemnity in section 18 or to liability that the law does not allow to be limited. Section 18 sets the limit of AppsTech Labs’ indemnity.
18.Indemnities
Customer indemnity. You will defend AppsTech Labs and its officers, directors and employees against any claim by a third party arising from content uploaded, provided or submitted by you through Prysme, or from your use of Prysme in breach of section 10. You will pay the damages finally awarded by a court, or the amounts agreed in a settlement you have approved, arising from that claim.
AppsTech Labs indemnity. AppsTech Labs will defend you against any claim by a third party that the unmodified Prysme software provided by AppsTech Labs infringes that third party’s copyright, trademark or patent, and will pay the damages finally awarded against you, or the amounts agreed in a settlement AppsTech Labs has approved, arising from that claim. This indemnity does not apply to claims arising from:
- your content or the Output;
- your instructions, specifications or modifications;
- the use of Prysme with products, services or content not supplied by AppsTech Labs, where the claim would not have arisen otherwise;
- continued use after AppsTech Labs has notified you of the allegedly infringing use and offered a reasonable alternative;
- use contrary to these terms or the documentation.
If Prysme becomes, or AppsTech Labs reasonably believes it may become, the subject of an infringement claim, AppsTech Labs may obtain the right for you to continue using the feature concerned, modify or replace it with substantially equivalent functionality, or discontinue it and refund the fees paid in advance for the unused part of the service concerned. AppsTech Labs’ total liability under this indemnity is limited to the greater of the fees paid by the Customer during the 12 months before the claim and USD 10,000.
Procedure. The party seeking indemnification promptly notifies the other party, cooperates reasonably and lets the indemnifying party control the defense and the settlement. A settlement may not admit liability on behalf of the indemnified party, or impose obligations other than payment on it, without its consent. This section sets out the parties’ exclusive remedies for claims by third parties concerning intellectual property.
19.Changes to these terms
- We may update these terms. The version and date appear at the top of this page.
- Administrative, clarifying or editorial changes, and changes required by law, regulation, security or our providers, take effect when they are published or on the date stated.
- A change that materially reduces your rights is announced by email and in the application at least 30 days before it takes effect. If you do not accept it, you may cancel before that date and receive a refund of the fees paid in advance for the unused period.
- Continued use of Prysme after a change takes effect means acceptance of the updated terms.
20.Governing law and disputes
These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before bringing a claim, the parties try for 30 days to settle the dispute in good faith.
- Customers based in the United States. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these terms.
- Customers based outside the United States. Any dispute arising from these terms is finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed under those Rules, under the Expedited Procedure Provisions where they apply. The language of the arbitration is English.
- In all cases, either party may ask a competent court for urgent interim relief, and AppsTech Labs may bring a claim for unpaid fees before the courts of the Customer’s place of business or of Delaware.
21.General provisions
- These terms, the order details shown at checkout and, where signed, the data processing agreement form the entire agreement on Prysme. A separate agreement signed by both parties prevails over these terms.
- You may not assign these terms without our consent, except to the successor of your business in a merger or sale. AppsTech Labs may assign these terms to an affiliate, or in connection with a merger, reorganization, financing, sale of assets or change of control.
- Neither party is liable for a delay or failure caused by events beyond its reasonable control.
- Notices to AppsTech Labs go to contact@appstechlabs.com and to the address below. Notices to you go to the email address of your organization’s owner.
- If a provision is held invalid, the other provisions remain in force. A failure to enforce a provision is not a waiver of it.
- These terms are published in English and in French, and the two versions are intended to have the same meaning. If they differ, the English version prevails, except where applicable law requires otherwise.