Terms of Service

1. Introduction & Acceptance

Welcome to Promptster. These Terms of Service ("Terms") constitute a legally binding agreement between you and VKRA Inc, a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the Promptster platform, including all associated websites, APIs, MCP-powered telemetry tools, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity. If you do not agree with any part of these Terms, you must not access or use the Service.

We reserve the right to update or modify these Terms at any time, as described in Section 13 below. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

2. Definitions

• "Service" means the Promptster platform, including its web application, APIs, MCP-powered telemetry capture infrastructure, assessment replay and analytics tools, and any related documentation or materials provided by VKRA Inc.
• "Customer" means any entity that subscribes to the Service for the purpose of conducting technical hiring assessments, including its authorized administrators and hiring personnel.
• "Candidate" or "User" means any individual who participates in a technical assessment administered through the Service or otherwise accesses the Service.
• "Assessment" means a technical evaluation session administered through the Service, during which telemetry data is captured via MCP (Model Context Protocol) integration with supported development environments such as Claude Code or Cursor.
• "Telemetry Data" means process-level signals, tool invocations, session metadata, edit patterns, orchestration sequences, and other behavioral data captured during an Assessment.
• "Content" means any code, text, data, files, or other materials submitted, uploaded, or generated through the Service by any User or Customer.
• "Subscription" means a Customer's paid plan granting access to the Service for a specified term, subject to the plan's usage limits and feature entitlements.
• "Order Form" means any ordering document, online subscription form, or statement of work executed between Customer and VKRA Inc that references these Terms.

3. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete registration information. You agree to maintain and promptly update your account information to keep it accurate and current at all times.

You are responsible for safeguarding the credentials used to access your account and for all activities that occur under your account. You must immediately notify us at legal@promptster.ai if you become aware of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that contain inaccurate information, are used in violation of these Terms, or have been inactive for an extended period, with reasonable prior notice where practicable.

Customer administrators are responsible for managing access permissions within their organization's account, including adding or removing authorized users and configuring assessment parameters.

4. Use of Service

4.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for the purpose of conducting and participating in technical hiring assessments. Customers may use Telemetry Data and assessment analytics generated by the Service for internal hiring evaluation purposes only.

4.2 Restrictions

You agree not to, and shall not permit any third party to:

• Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service or any underlying technology;
• Access the Service in order to build a competitive product or service, or to copy any features, functions, or graphics of the Service;
• Use the Service to conduct assessments for any purpose other than legitimate technical hiring evaluation;
• Distribute, sublicense, lease, rent, loan, or otherwise transfer the Service or access thereto to any third party;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or associated networks;
• Use the Service to transmit any malware, viruses, or other harmful code;
• Attempt to circumvent, disable, or otherwise interfere with any security, rate-limiting, or telemetry capture features of the Service;
• Use Telemetry Data or assessment results for any discriminatory purpose or in violation of applicable employment laws;
• Use the Service in any manner that violates applicable local, state, national, or international law or regulation.

5. Subscription & Payment Terms

5.1 Plans and Pricing

Access to the Service is provided on a subscription basis. Pricing, features, and usage limits for each plan are as described on our website or in an applicable Order Form. We reserve the right to modify pricing upon at least thirty (30) days' written notice before the start of a new billing cycle.

5.2 Billing and Payment

Customers agree to pay all fees in accordance with the billing terms set forth in the applicable Order Form or subscription page. Subscription fees are billed in advance on a monthly or annual basis, depending on the selected plan. All fees are quoted in U.S. dollars unless otherwise specified.

5.3 Late Payment

If any invoiced amount is not received by the due date, we may, without limiting our other rights and remedies, charge interest on the overdue amount at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). We may also suspend access to the Service until all outstanding amounts are paid in full.

5.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, duties, and government assessments (excluding taxes based on our net income) arising from your use of the Service.

5.5 Refunds

Subscription fees are non-refundable except as expressly set forth in an applicable Order Form or as required by applicable law. No refunds or credits will be issued for partial months of service, downgrade refunds, or unused assessment credits.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, trademarks, and underlying technology, is the exclusive property of VKRA Inc and its licensors, protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited use rights expressly set forth herein.

6.2 Your Content

You retain all ownership rights in Content you submit through the Service. By submitting Content, you grant VKRA Inc a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display such Content solely as necessary to provide and improve the Service.

6.3 Aggregated Data

We may generate anonymized, aggregated statistical data derived from the use of the Service ("Aggregated Data"). Aggregated Data will not identify any individual User or Customer. We retain all rights to Aggregated Data and may use it for any lawful business purpose, including benchmarking, analytics, research, and service improvement.

6.4 Feedback

If you provide us with any suggestions, ideas, enhancement requests, or other feedback regarding the Service ("Feedback"), you assign to us all right, title, and interest in and to such Feedback. We are free to use Feedback for any purpose without obligation or compensation to you.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that the Service captures Telemetry Data during Assessments through MCP-powered integrations with development environments. This telemetry includes process-level signals such as tool invocations, edit patterns, prompt sequences, and orchestration behavior. Customers are responsible for ensuring that Candidates are informed about the nature of telemetry capture prior to beginning an Assessment.

We implement commercially reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of data processed through the Service. For enterprise Customers, data processing terms and additional security commitments may be addressed in a separate Data Processing Agreement.

8. Confidentiality

Each party ("Receiving Party") agrees to protect the confidential information of the other party ("Disclosing Party") using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information includes, without limitation, assessment content, Telemetry Data, business plans, pricing, technical specifications, customer lists, and any information designated as confidential or that reasonably should be understood to be confidential.

The Receiving Party shall not disclose or use confidential information of the Disclosing Party except as necessary to perform its obligations or exercise its rights under these Terms. These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure without restriction; (c) is independently developed by the Receiving Party without use of confidential information; or (d) is rightfully obtained from a third party without restriction.

If the Receiving Party is compelled by law to disclose confidential information, it shall provide the Disclosing Party with prior notice (to the extent legally permitted) and shall disclose only the minimum information required.

9. Warranties & Disclaimers

9.1 Our Warranties

We warrant that: (a) we have the legal authority to enter into these Terms; (b) the Service will perform materially in accordance with its documentation during the subscription term; and (c) we will provide the Service using commercially reasonable skill and care.

9.2 Disclaimer

Except as expressly set forth in Section 9.1, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Telemetry Data and assessment analytics provided through the Service are intended as supplemental hiring signals and should not be used as the sole basis for employment decisions. We make no warranty regarding the accuracy, completeness, or reliability of any Telemetry Data or analytics derived therefrom.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall VKRA Inc, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for lost profits, lost revenue, lost data, loss of business opportunities, cost of procurement of substitute services, or any other intangible losses, arising out of or in connection with these Terms or the use of or inability to use the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by Customer to VKRA Inc during the twelve (12) months immediately preceding the event giving rise to liability; or (b) one hundred U.S. dollars ($100).

The limitations in this section apply to the fullest extent permitted by law and shall survive the termination or expiration of these Terms. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by law.

11. Indemnification

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless VKRA Inc and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Content; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights, including employment, privacy, or intellectual property rights.

11.2 Our Indemnification Obligations

We will indemnify, defend, and hold harmless Customer from and against any third-party claim that the Service, as provided by us, infringes or misappropriates such third party's intellectual property rights, and we will pay any damages finally awarded against Customer (or the amount of any settlement we approve) with respect to such claims, provided that Customer: (a) promptly notifies us in writing of the claim; (b) grants us sole control of the defense and settlement; and (c) provides reasonable cooperation at our expense.

12. Term & Termination

12.1 Term

These Terms are effective as of the date you first access or use the Service and shall continue until terminated in accordance with this section. Subscription terms are as specified in the applicable Order Form or subscription page and will automatically renew for successive periods of equal duration unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

12.2 Termination for Convenience

Either party may terminate these Terms for convenience by providing at least thirty (30) days' written notice to the other party. Termination for convenience by Customer does not entitle Customer to a refund of prepaid fees for the remainder of the then-current subscription term.

12.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice thereof; or (b) becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation that is not dismissed within sixty (60) days.

12.4 Effects of Termination

Upon termination: (a) all rights granted under these Terms will immediately cease; (b) you must discontinue all use of the Service; (c) all outstanding payment obligations become immediately due and payable; and (d) each party shall return or destroy all confidential information of the other party. We will make Customer data available for export for a period of thirty (30) days following termination, after which we may delete it from our systems.

Sections that by their nature should survive termination shall survive, including but not limited to Sections 6, 8, 9, 10, 11, 14, 15, and 16.

13. Modifications to Terms

We may revise these Terms from time to time. If we make material changes, we will provide at least thirty (30) days' prior notice by posting the updated Terms on our website and, for active Customers, sending an email notification to the address associated with the Customer account. Non-material changes (such as typographical corrections or clarifications) may take effect immediately upon posting.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must stop using the Service and may terminate your account in accordance with Section 12.

We will indicate the "Last updated" date at the top of this page whenever changes are made. We encourage you to review these Terms periodically.

14. Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Subject to the dispute resolution provisions in Section 15, each party irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in Wilmington, Delaware for any disputes not subject to arbitration under Section 15.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting us at legal@promptster.ai. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within that period, either party may proceed as set forth below.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that is not resolved through informal dispute resolution shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.3 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

15.4 Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information obligations.

16. General Provisions

16.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

16.2 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

16.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of VKRA Inc. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be void.

16.4 Entire Agreement

These Terms, together with the Privacy Policy, any applicable Order Forms, and any Data Processing Agreement, constitute the entire agreement between you and VKRA Inc with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by confirmed email; or (c) one (1) business day after deposit with a nationally recognized overnight courier. Notices to VKRA Inc shall be sent to legal@promptster.ai. Notices to you shall be sent to the email address associated with your account.

16.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

16.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, export, re-export, or transfer the Service to any country, entity, or person prohibited by such laws.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: