The Promo tools, including Promo.com, PromoAI, and ActiveCast, are provided by Promo AI Marketing Ltd. ("Promo", "us", "our", or "we") to enable you to generate, edit, and publish videos and other content through the Promo website located at https://promo.com and through designated Promo applications for Android, iOS, Shopify, and any other Promo operated interfaces we make available from time to time (collectively the "Site").
These Terms of Service ("Terms") govern your access to and use of the Site and all services available including all products, tools, features, subscriptions, credits, content libraries, and functionalities made available through or in connection with the Site (collectively, the "Services"). "You" means any registered member, any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site or the Services, and for whom you will be responsible.
If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.
Please read these Terms carefully. These Terms govern your access to and use of the Site and Services. By clicking the button marked "I agree", creating an account, purchasing a subscription or credits, accessing the Site, or otherwise using any Service, you signify your assent to both these Terms and our Privacy Policy, which is available at promo.com/privacy-policy. We may modify these Terms from time to time and your continued use of the Site or Services after updated Terms become effective will constitute acceptance of the updated terms. If you do not agree to these Terms, please do not use the Site or Services.
These Terms apply to all Services made available by Promo, including the Promo.com core platform, PromoAI, and ActiveCast. Some provisions apply generally to all users and Services, while other provisions apply only to a specific product, feature, subscription, plan, or offering.
Promo.com core platform subscriptions and ActiveCast subscriptions are separate products. Purchasing a subscription, package, or credits for one product does not grant access to, or usage rights in, the other product unless Promo expressly states otherwise at the time of purchase. Your order page, checkout flow, invoice, account page, or other purchase confirmation will identify the specific product, plan, subscription, or credits you purchased. You are responsible for reviewing the terms that apply to the product you select and use.
If there is any conflict between a generally applicable provision of these Terms and a product-specific provision applicable to the product you purchased or used, the applicable product-specific provision will control solely with respect to that product and solely to the extent of the conflict.
Promo grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Site and Services subject to these Terms for your internal business and other permitted purposes only. You acknowledge that Promo may, in its sole discretion and at any time, modify, suspend, or discontinue any part of the Site or the Services without notice, subject to applicable law.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, have your parent or guardian's permission to enter into this agreement, or otherwise have the legal capacity to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law, regulation or any obligation you owe to any third party.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Promo.
We may allow you to register for or use the Services through third-party login services (such as Facebook Connect). Whether you register through a third-party login service or create a Promo account directly on the Site, all information you provide must be accurate, current, and complete. You are responsible for any inaccuracies in the information you provide and for keeping that information up-to-date. If you choose to log in or register through such third-party services, you agree to comply with the terms applicable to those third-party services. You acknowledge that using a third-party login or registration service may provide us with access to certain information made available by that service, and you expressly agree to our use of that information in accordance with these Terms and our Privacy Policy.
If you do not use a third-party login service, you will create a Promo account. Your account allows you to use the Services, subject to these Terms and our Privacy Policy. Promo reserves the right to refuse to permit a user to open an account for any reason, or to limit the number of accounts a user may establish on the Site, in each case in its sole discretion. To create an account, you must select a username and password. Your username is your Promo identity. You may not select a username that is already in use, is indecent, or offensive, or otherwise violates these Terms or applicable standards of conduct. You may not provide false information during the registration process.
You must keep your password confidential and should not reveal it to other users or third parties. We will not ask you to reveal your password. If you forget your password, you may request a reset using your registered e-mail address. Your account is at risk if you allow someone else to use it improperly, and your account may be terminated if you or anyone using your account violates these Terms. If your account is terminated, you may not open another account without our express permission.
You agree to notify Promo immediately of any unauthorized use of your account or password. You are fully responsible for maintaining the security of your account, devices, and credentials and for all activity that occurs under your account, whether or not such activity was authorized by you, except to the extent caused by Promo's breach of applicable law. Promo will not be liable for losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold Promo harmless for any improper or illegal use of your account, unless you have notified us at [email protected] that your account has been compromised, and requested that we block access to it. We do not monitor for, and cannot guarantee that we will discover or prevent, inappropriate use of the Site.
Your Promo account may not be sold, assigned, licensed, sublicensed, or otherwise transferred to another person or entity except with Promo's prior written consent and, unless expressly stated otherwise in applicable enterprise terms, is limited to a single authorized end user.
If you use the Site or Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case "you" will refer to both you and that entity.
Once you register for the Services through a third-party login service or by creating a Promo account on the Site, you may be able to access certain tools and features to create or generate Content. Access to the full functionality of the Site and Services depends on the product, subscription, credits, plan, and permissions applicable to your account, and Promo may deny or limit access if you provide false information or otherwise violate these Terms.
Upon creating a Promo account, you may choose a subscription plan or purchase credits where available. Please note that Promo.com core platform subscriptions and ActiveCast product subscriptions are treated as distinct services; purchasing a subscription or credits for one does not grant access to the other.
Information concerning available plans can be found on the applicable Promo subscription page and/or ActiveCast subscription page. When you sign up for a subscription plan or purchase credits through a third-party login service or by creating a Promo account on the Site, you receive the Services associated with the specific product and plan you selected, subject to these Terms and any applicable product-specific provisions below.
7-Day Guarantee Refunds: Promo.com subscriptions and ActiveCast subscriptions are subject to different refund mechanics.
Annual Promo.com subscriptions: If you cancel a standard Promo.com Annual subscription within 7 days of the original purchase, you will receive a full refund of the applicable subscription fees, subject to the restrictions below. If you cancel after 7 days, the payment is non-refundable and the service will continue until the end of the contracted term.
Monthly Promo.com subscriptions: If you cancel a standard Promo.com monthly subscription within 7 days of the original purchase, you will receive a full refund of the subscription fees, subject to the restrictions below. If you cancel after 7 days, the payment is non-refundable and the service will continue until the end of the applicable monthly billing period.
ActiveCast annual and monthly subscriptions: If you request a refund for an ActiveCast subscription within 7 days of the original purchase, any refund will be prorated based on the percentage of generation credits remaining unused as of the time the refund request is processed. For example, if 50% of the included generation credits have been used, the maximum refund available will be 50% of the applicable purchase price. If you request a refund after 7 days, the payment is non-refundable except as required by applicable law. If you cancel your monthly subscription after 7 days, your payment will be non-refundable and your service will continue until the end of that month’s billing period.
NOTE:
The 7-day refund policy applies only to the original purchase and not to subscription renewals, except where required by applicable law. For standard Promo.com subscriptions the refund policy does not apply if:
- You have downloaded a video; or
- You have shared a video on social media.
To the greatest extent permissible under applicable law and subject to any mandatory consumer rights under applicable law, there are no refunds or credits for partially used periods or for any functionality or content not used while you were subscribed to a paid plan except as expressly stated in these Terms. In extenuating or unusual circumstances, we may, in our sole discretion, provide a partial refund, discount, or other consideration, but doing so in one instance does not entitle any users to the same or similar accommodations in the future.
Unless expressly stated otherwise on the Site, the subscription fees, credit purchases, and other charges for the Services are exclusive of VAT and other applicable taxes. You must make payment without withholding or deduction, except as required by law. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred, including applicable taxes.
Promo reserves the right to change or supplement the subscription fees, credit pricing, and any other charges or billing procedures at any time. Such changes will be effective immediately upon posting an update to these Terms or posting such changes elsewhere on the Site, except where applicable law requires advance notice. If there is a dispute regarding your payment of fees or your use of the Services, Promo shall have the right to suspend or terminate your account in accordance with these Terms.
You agree that Promo may, for any lawful reason and in its sole discretion and subject to applicable law, suspend or terminate your account, and remove from the Site any Content associated with your account. Grounds for such suspension or termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, deceptive, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Promo.
Termination of an account for any of the reasons above will not entitle you to any refund except as expressly required by applicable law or expressly provided in these Terms.
If Promo believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate, subject to applicable law. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate behavior on the Site and we will cooperate with law enforcement or court orders requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or applicable law.
If you want to terminate your account and subscription permanently, please log in and go to the "My Account" page and confirm the "Delete Account" (but you may not do so if your subscription is suspended).
Any suspension or termination of your account shall not affect obligations under these Terms that by their nature are intended to survive, including ownership, payment obligations, indemnification, representations and warranties, and limitation of liability, dispute related provisions, and any licenses granted under these Terms. Upon termination, you lose the right to access or use the Services, except as otherwise expressly provided in these Terms.
Certain types of content may be made available through the Site or the Services. "Content" as used in these Terms means, collectively, all content on, made available through, uploaded to, submitted to, generated through, or created on the Site or through the Services by you including videos, music, images, text, prompts, audiovisual materials, and AI-generated outputs.
You are fully and solely responsible for any Content you create, submit, upload, prompt, generate, or post to the Site or any other platform, including all Content that you include in any video or otherwise use in connection with the Services. You represent and warrant that any such Content, including uploaded files, prompts, instructions, likenesses, and any Content in any URL that you direct the Services to extract materials from, complies with all applicable law, that you have all necessary rights to submit, upload, process, generate, use, display, distribute, and otherwise exploit such Content in connection with the Services, and that no such Content, nor your use of it, nor any modifications you direct us or the Services to make, infringes or violates any third-party intellectual property rights, privacy rights, publicity rights, moral rights, contractual restrictions, or other rights. If you submit to Promo any Content from an account at a third party, such as a Facebook account, you represent and warrant that you have all rights necessary to submit such Content for use with the Promo services. If you distribute or allow the distribution of any Content through any third party, such as through a social media account, you represent and warrant that you have all rights necessary to distribute such Content. Promo has no obligation to accept, display, review, maintain, or store any Content. Promo reserves the right to remove and permanently delete any Content, including any Content submitted or modified by any user, without notice and for any reason. Moreover, if Promo reasonably believes that any Content distributed through a third party could violate these Terms, Promo may contact such third party to inform it of the relevant violation. WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
If you use the Services’ PromoAI function or any other AI-enabled feature, the Services may generate Content for you using third party generative AI tools. These tools are based on machine learning and similar computational methods, and therefore, Content generated for you may not be unique and may be similar or identical to content generated for other users or by the third party AI tools outside the Services.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICES, INCLUDING PROMOAI AND ActiveCast, MAY GENERATE SIMILAR OR IDENTICAL OUTPUT FOR YOU AND ANOTHER PARTY; (B) THE SERVICES MAY GENERATE CONTENT THAT IS INCORRECT, INACCURATE, OFFENSIVE, INCOMPLETE OR NOT SUITABLE FOR YOUR NEEDS, AND YOU MUST REVIEW AND EVALUATE SUCH CONTENT BEFORE USING IT; (C) CAPTIONS, TEXT, SLOGANS, IMAGES, AUDIOVISUAL OUTPUTS AND SIMILAR CONTENT GENERATED BY THE SERVICES MAY NOT HAVE BEEN CLEARED OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY PRIVACY, PUBLICITY, AND MORAL RIGHTS, AND YOUR USE OF SUCH GENERATED CONTENT IS AT YOUR OWN RISK; AND (D) YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST PROMO ARISING FROM THE FACT THAT GENERATED OUTPUTS MAY BE NON-UNIQUE, ERRONEOUS, OR ALLEGED TO INFRINGE THIRD-PARTY RIGHTS, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
Promo may, in its sole discretion, monitor Content for inappropriate or illegal behavior, including through automated means; provided, that Promo reserves the right to treat user Content as content stored at the direction of users and for which Promo does not undertake editorial control except where violations are directly brought to Promo's attention or Promo otherwise elects to review such Content. Promo has the right to edit, delete, distort, modify, move, block, or refuse to transmit any user Content without notice and for any reason, subject to applicable law.
Content on the Site may come from a variety of sources. You understand that Promo is not responsible for the accuracy, usefulness, safety, legality or intellectual property status of such Content. Although users must agree to these Terms, it is possible that other users, including unauthorized users, may post or transmit offensive, unlawful or obscene materials and that you may be exposed to such materials. To the fullest extent permitted by law, you waive any legal or equitable rights or remedies you may have against us with respect to such materials. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SERVICES OR OTHERWISE.
Content you create will generally be viewable only by you unless you decide to share it publicly on the Site or another platform or otherwise enable access to it. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU INCLUDE IN ANY CONTENT, ESPECIALLY ANY CONTENT THAT YOU SHARE PUBLICLY. Do not publicly post any private information or information you do not want to be shared or edited by others. Once you provide a third party with a link to any Content, that third party may share the link with others. We are not responsible for the use by third parties of any personal information that you disclose on the Services or through any Content.
To the fullest extent permitted by law, you waive all claims that you may have against Promo, its affiliates, employees, contractors, users and customers, and against third parties arising out of the use or distribution of your Content where such use or distribution is authorized by these Terms or enabled by your own sharing, publication, or instructions. You shall indemnify Promo against any claims you bring or cause to be brought in breach of the foregoing sentence, to the extent permitted by applicable law.
Please note that the following musical works are no longer available within our Services (as of November 2018):
Alive; Are You Ready For It; Better All The Time; Blue Danube Waltz; Bout That; Action; Fiesta En El Rancho; Go Get The Money; Head Over Heels; How Long; Il Trovatore; Keeping Me Alive; Moonlight Sonata; The Breach; The Theory Of Light; Tonight (live Forever); Trumpet Tune; While The City Sleeps; Gymnopedie No. 1.
As between Promo and you, and subject to these Terms and any applicable product-specific restrictions, Promo agrees that you may download or otherwise export certain content that you create on the Site or through the Services, and use such content only in the following ways:
You may not, by yourself or through others, use videos or other exported content that you create on the Site or through the Services in any of the following ways, except to the extent expressly permitted in writing by Promo for the specific product:
You may not use musical elements that we provide on the Services in order to create episodic series productions or themes, namely television programming or motion picture cinematographic movies.
You may not use any content marked as "EDITORIAL" for any commercial, promotional, advertorial, endorsement, advertising, sponsorship, marketing or merchandising purpose for any product, service, or brand, or for any other commercial use, or in connection with elections or donations. Use of EDITORIAL content for commercial purposes as provided herein may expose you to legal liability by right holders and is a violation of these Terms.
You may not use images or graphical elements we provide through the Services in any of the following manners:
Without limiting the foregoing, you agree that you will not create, transmit, submit, upload, prompt, generate, or post any Content (including comments, mashups, derivatives, or modifications) that: (1) violates the legal rights of others, including by defaming, abuse, stalking or threatening users; (2) infringes (or results in the infringement of) the intellectual property rights, moral rights, privacy rights, publicity rights, or other rights of any third party; (3) is (or you reasonably believe) illegal, fraudulent, deceptive or unauthorized, or furthers any illegal, counterfeit, fraudulent, pirating, unauthorized, or violent activity; (4) does not comply with all applicable laws, rules and regulations; (5) publishes falsehoods or misrepresentations that may damage us or any third party; (6) involves gambling activities, or related payments; (7) imposes an unreasonable or disproportionately large load on our infrastructure; or (8) contains or links to material that we determine is offensive, hateful, violent, bigoted, defamatory, threatening, pornographic, obscene, malicious, harmful or otherwise inappropriate.
You may not do or attempt to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) Use any robot, spider, scraper, site search or retrieval application, or any other manual or automated device or process to retrieve, index, data-mine, copy, or circumvent the navigational structure or presentation of the Site; (4) use or access another user’s account or password without permission; (5) use the Site or Content in any manner not permitted by these Terms or (6) post, distribute or edit any Content or links in violation of the requests or wishes of the individual who provided such Content or links.
You may not use videos or other content that you create on the Site or through the Services in any manner that suggests such content or similar content can be obtained elsewhere from Promo except as expressly authorized by Promo.
YOU MAY NOT USE THE SERVICES TO DEVELOP, CREATE, TRAIN, IMPROVE, OR ENABLE OTHERS TO DEVELOP OR CREATE, TRAIN OR IMPROVE A PRODUCT OR SERVICE THAT IS SIMILAR TO OR COMPETITIVE WITH THE SERVICES EXCEPT TO THE EXTENT SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW.
The provisions in this section apply only when you access or use the ActiveCast service. If you do not access or use ActiveCast, this section does not apply to you. When accessing or using ActiveCast, you agree to comply with the following specific restrictions and obligations:
Promo and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, reproduce, republish, modify, adapt, download, post, broadcast, transmit, distribute or otherwise use the Site, Content or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Promo or any third party.
You retain all right, title and interest in Content that you lawfully submit to Promo, subject to the rights you grant under these Terms. If any third party Content is included in any video or other output you create, you receive no ownership rights in such third-party Content except the limited rights, if any, expressly granted under these Terms to distribute such Content as embedded in your permitted output.
By creating, submitting, uploading, prompting, generating or posting any Content you grant Promo, its affiliates, its third party service providers, sub processors and successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to host, store, reproduce, modify, adapt, process, transmit, display, perform, distribute, and otherwise use such Content on, through or in connection with the Site or Services for the purpose of operating, providing, improving, training, securing, supporting, and promoting the Site and Services, and for any other purposes disclosed in these Terms or the Privacy Policy, subject in all cases to applicable law.
Notwithstanding the foregoing, with respect to ActiveCast, the license in the preceding paragraph does not authorize Promo or its service providers to use ActiveCast stock assets, User-Provided Media, prompts, scripts, generation inputs, intermediate representations, or generated outputs to train, retrain, fine-tune, or otherwise improve artificial intelligence or machine learning models.
We respect the intellectual property rights of others and request that our users do the same. This section describes our copyright policy.
If a person believes that content appearing on or through the Services infringes copyright owned or controlled by that person, the person may send our designated agent a written notification identifying the allegedly infringing material and its location. Upon receipt of a compliant notice and subject to applicable copyright laws, we may remove or disable access to the identified content.
To be effective, the notification of claimed infringement must be a written communication provided to our Agent that includes substantially the following:
After receiving such communication, we may ask the person who submitted the claimed infringement notice to provide additional or supplemental information before removing any content on the Services, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content with the contact details of the complaining party to allow that user to contact the complaining party and challenge the claim, subject to applicable law.
If we remove material that a user submitted for posting pursuant to a notification of claimed infringement, that user may respond by submitting a counter-notification to our agent. To be effective, the counter-notification must be a written communication that includes substantially the following:
After receipt of a counter notification, we may provide the person who submitted the claimed infringement notification, with a copy of the counter notification, subject to applicable law.
We may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Services.
We may deny or cancel your use of the Services, or terminate your user account altogether, if we determine, in our sole discretion and subject to applicable law, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded material was removed from the Services more than twice.
We may determine, in our sole discretion and subject to applicable law, that sufficient reason exists for immediate suspension or termination of your account, including for repeated infringement or other serious violations of these Terms.
Our Agent is the company's Chief Technology Officer (CTO). You may contact our Agent through any of the following communications channels:
Please note that our Agent receives alleged infringement-related notifications only.
Any person who knowingly materially misrepresents that: (1) material is infringing, or (2) material was removed or disabled by mistake or misidentification – may be liable for damages, including costs and attorneys' fees, that we incur as a result of reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services, and any product made available through them, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, OR WITH RESPECT TO ANY PRODUCT MADE AVAILABLE THROUGH THEM, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, PERFORMANCE, OR OUTPUT OF THE SITE, CONTENT OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE, ACCURACY, QUALITY, CURRENCY, COMPLETENESS, LEGAL CLEARANCE, NON-INFRINGEMENT, OR USEFULNESS OF ANY INFORMATION OR GENERATED CONTENT PROVIDED BY THE SITE OR SERVICES. We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any user, whether by users of the Services or by any equipment or programming associated with the Services. We take no responsibility for third party advertisements posted on this Site or through the Services, or for goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on information or generated output, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Prior to uploading any Content to the Site, you should ensure that you fully understand how third parties may access and share such Content. If you do not fully understand how third parties may access and share Content, do not upload Content. You shall not have any claims against Promo, and you hereby irrevocably waive all claims against Promo, in respect of the use, editing, modification, or distribution of any Content (A) designated as public on the Site or (B) in respect of which you have provided third parties with a link to such Content. PROMO DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO WHETHER USER GENERATED OR AI-GENERATED CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY, PUBLICITY OR OTHER RIGHTS OF ANY THIRD PARTY.
Promo is not a storage service. You agree that we have no obligation to store, maintain, preserve or provide you with a copy of any Content, prompts, outputs, account data, or other information that you provide to or generate through the Services, except to the extent required by applicable law.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, or failures of email due to technical problems or traffic congestion on the Internet or on any of the Site or Services, including any injury or damage to users or to any person's computer related to or resulting from participation in or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, from any AI-generated output, or from the conduct of any users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, LEGAL STATUS, AVAILABILITY, OR UTILITY OF INFORMATION OR GENERATED OUTPUT PROVIDED AS PART OF OR THROUGH THE SITE OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE PURCHASE OF PHYSICAL GOODS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PURCHASED GOODS WILL BE THE REFUND BY PROMO OF THE AMOUNT YOU PAID FOR SUCH PRODUCT.
Portions of the Site (including advertisements and integrations) may involve linking to or using web sites, platforms, models, APIs or services belonging to third parties. The Site may also provide links to access third party vendors or retailers for reviewing or purchasing items, or for using third party services via application programming interfaces (“API”), such as YouTube API Services or third party AI providers. We have no control over them, and all use of third-party sites or services is at your own risk. Promo cannot accept responsibility for payments processed through third party sites or services, or for the privacy policies, terms, outputs, or acts or omissions of such third parties. By way of example, when you use a YouTube API client, you are agreeing to be bound by the YouTube Terms of Service. Promo does not endorse any products or services offered by third parties and urges users to exercise caution when using third-party sites or services.
Promo may allow you to purchase physical goods or third party offerings through the Site. Promo has no responsibility or liability with respect to the provision of goods or services by any third party, except as expressly required by applicable law.
You agree to indemnify, defend, and hold harmless Promo and our respective employees, directors, officers, affiliates, subcontractors, licensors and agents, from and against any and all claims, demands, actions, damages, losses, liabilities, judgements, costs and expenses (including attorneys' fees) arising directly or indirectly from: (a) your breach of these Terms or a breach by anyone using your computer, credentials or account; (b) your use of, or misuse of, or attempted use of the Site or Services, including any message, prompt, upload, generated output, or Content you transmit, create, submit, or distribute through the Site or Services; (c) your violation of any law or regulation; (d) your infringement, misappropriation, or violation of any right of any third party, including any intellectual property, privacy, publicity, data protection, or contractual right; and (e) any other matter for which you are responsible under these Terms or applicable law.
Your use of the Services through our smartphone apps may be subject to additional third party terms and conditions governing the relevant application marketplace from which you downloaded the app, such as the AppStore or Google Play. Such third parties are not responsible for providing maintenance or support services with respect to the Site or Services.
The following terms apply if you downloaded the Site’s iOS app from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the Services. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the Services’ app is limited to a non-transferrable license to use the app on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure of the app to conform to any applicable warranty (if any warranty applies), you may notify Apple, and Apple may refund the purchase price you paid for the smartphone app. Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
In the event of any third party claim that the app or your possession and use of the app infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the app (e.g. you must not be in violation of your wireless data services agreement when you use the app). Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Your use of our Services adapted to ChatGPT is based on OpenAI as an external provider. In this situation, you may be subject to additional third-party terms and conditions of OpenAI.
We do not guarantee that the Services will be available without interruptions or without errors or that the content will be lost or will not work or be damaged. In addition, we disclaim all warranties for the information produced with the help of the external provider, including any warranty of satisfactory quality, adaptation to your requirements, non-infringement.
These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action against Promo must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Promo or enables you to act on behalf of Promo. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Promo (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements with regard to your use of the Site.
Last Update: September 2026