The Promo tools are provided by Promo.com Ltd. ("Promo" or, "us", "our", "we") for you to create quality videos using our tools accessible at the Promo website located at https://promo.com and through the designated Promo apps for Android, iOS and Shopify (the Promo website and apps will be collectively referred to as the "Site").
These Terms of Service ("Terms") govern your access and use of the Site and all services available through the Site ("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 and the Services, and for whom you will be held strictly 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.
Promo grants you a limited license to access and use the Site and Services subject to these Terms for your commercial business use only. You acknowledge that Promo may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.
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 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a 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.
You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without express permission.
You agree to immediately notify Promo of any unauthorized use of your Promo account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Promo will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Promo harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to [email protected] that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Your Promo Account on the Site may not be sold or otherwise transferred to another person or entity and is limited to a single user per Account, as further described below.
If your use of the Site is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to the present Terms of Service.
Once you register to our Services through third party login services or through creation of a Promo account on the Site, you will be able to access our tools in order to create your Content. However, you will not have access to the full functionality of the Site and the Services if Promo does not allow you to open an Account if you provided false information during the registration process for instance.
Upon creating a Promo account, you may choose a subscription plan. Information concerning our available plans can be found on the subscription page or in the AppStore and Google Play. When you sign up for a Promo subscription plan (through third party login services or through creation of a Promo account on the Site), you receive our Services based on the following pricing policies:
7-Day Guarantee Refunds:
Annual subscriptions: If you cancel your Annual subscription within 7 days of original purchase, you will receive a full refund of your subscription fees, subject to the restrictions below. If you cancel your annual subscription after 7 days, your payment will be non-refundable and your service will continue until the end of your contracted term.
Monthly subscriptions: If you cancel your monthly subscription within 7 days of original purchase, you will receive a full refund of your subscription fees, subject to the restrictions below. 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.
The refund only applies for 7 days after the original purchase, not for subsequent renewals. Furthermore, our refund policy does not apply if: - You have downloaded a video - You have shared a video on social media.
Businesses and individuals operating in the capacity of merchants, Traders (as explained below) or sole-proprietors, are eligible for refunds only as specified above, so long as they are not ‘Consumers’ in the United Kingdom as explained below.
A "Consumer" is an individual in the United Kingdom acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. A "Trader" is a person in the United Kingdom acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the Trader's behalf. Both terms are defined in the UK Consumer Rights Act 2015 (“CRA”), and likewise may be used in similar applicable laws of other jurisdictions. Application of these definitions under the CRA (and similar applicable laws of other jurisdictions) in specific contexts will be examined on a case-by-case basis in Promo's reasonable discretion.
To the greatest extent permissible 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 the paid plan except as expressly stated in these terms. In extenuating or unusual circumstances, we may, subject to our sole discretion, provide a partial refund, discount, or other consideration to members, but our providing such accommodations in one instance does not entitle members to such accommodations in the future, even in similar circumstances.
Unless expressly set forth otherwise on the Site, the Promo subscription plan fee is exclusive of VAT and other applicable taxes. You should make payment without any withholding or deduction for any reason. 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 Promo subscription plan fees and any other charges and billing procedures, at anytime. Such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Promo shall have the right to terminate your account without prior notice.
You agree that Promo may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Promo.
Termination of Account for any of the above mentioned reasons shall not entitle you to any refund.
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 other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior.
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 your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access or use the Services.
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 or made available or created on the Site or through the Services by you including but not limited to the videos and the music incorporated in it.
You are fully and solely responsible for any Content you create, submit or post to the Site or any other platform, including all Content that you include in any video or use to create your videos. You represent and warrant that any such submitted Content complies with all applicable law, that you have all necessary rights to submit any such Content or to use, display and distribute any submitted Content to create any video ad and that no such Content (or modifications you may make to such Content) infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. If you submit to Promo any Content from an account at a third party (such as from 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 for the distribution of) any Content through any third party (such as through a social media account such as Facebook), you represent and warrant that you have all rights necessary to distribute (or allow for the distribution of) such Content. Promo has no obligation to accept, display, review or maintain any Content. Moreover, 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 (such as through a social media account such as Facebook) could violate any provision of these Terms, Promo may contact such third party in order to inform such third party 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.
Promo may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Promo reserves the right to treat user Content as content stored at the direction of users for which Promo will not exercise editorial control except when violations are directly brought to Promo's attention. Promo has the right to edit, delete, distort, modify or move user Content from the Site without notice for any reason at any time. Additionally, Promo has the right to refuse to transmit, email, post or broadcast any user Content (including to refuse to allow a user to post or distribute such Content through a third party) without notice for any reason at any time.
Content on the Site comes from a variety of sources. You understand that Promo is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. 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 THE USE OF THE SERVICE OR OTHERWISE.
Content created will be only viewable by you unless you decide to share it publicly on the Site or any other platform. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU INCLUDE IN ANY CONTENT, AND ESPECIALLY ANY CONTENT THAT YOU SHARE PUBLICLY. Do not post publicly any private information or information you do not wish to be seen by others, or which you do not want to be shared or edited by others. Please note that once you provide a third party with a link to any Content, such third party may freely share that link with additional third parties. As such, please carefully select the individuals to whom you choose to provide with links to any Content. We are not responsible for the use by third parties of any personal information that you disclose on the Service or through any Content.
You irrevocably waive all claims that you may have against any Promo (including its affiliates, employees, contractors, users and customers) or any third party entities or individuals for the use or distribution of any of your Content including all claims in respect of intellectual property rights, privacy rights, publicity rights or moral rights. You shall fully indemnify Promo against any such claims that you may bring.
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.
You may download videos that you create on the Site or through the Services, and use them in the following ways:
You may not, by yourself or through others, use videos that you create on the Site or through the Services in any of the following ways:
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, and brand or for any other commercial use, or in conjunction with elections or donations. Use of EDITORIAL content for commercial purposes as provided herein may expose you to legal liability by the right holders of such content and is a violation of these Terms.
You may not use images or graphical elements we provide on the Service in any of the following manners:
Without limiting the foregoing, you agree that you will not create, transmit, submit or post any Content (including any comments, or modifications to or mashups of any Content) that: (1) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) Infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (3) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (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 the payment or acceptance of payments relating to gambling activities; (7) Imposes an unreasonably or disproportionately large load on our infrastructure; or (8) Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; and (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, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce 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 thereon in any manner not permitted by these Terms, (6) post, distribute or edit any Content or links in violation of the requests or wishes of the individual that provided you with such Content or links.
You may not use the videos that you create on the Site or through the Services in any manner that suggests that such video or similar videos can be obtained elsewhere.
YOU MAY NOT USE THE SERVICES IN AN ATTEMPT, OR WITH A VIEW TO DEVELOP, OR CREATE, OR PERMIT OTHERS TO DEVELOP OR CREATE, A PRODUCT OR SERVICE SIMILAR TO OR COMPETITIVE WITH THE SERVICES.
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, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the 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 trademarks or registered trademarks 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 any Content of yours that you submit to Promo. If any third party Content is included in any video you create, you receive no rights in such Content, save the limited right to distribute such Content as embedded in your video, subject to the terms and conditions of these Terms.
By creating, submitting or posting any Content you grant Promo and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, display, and perform such Content on, through or in connection with the Site or Services for any purpose and in any medium, including without limitation, for commercially promoting the Site and Services, as well as any other commercially available items on the Site.
We respect the intellectual property rights of others and request our users to do the same. This section describes our copyright policy.
If a person believes that certain content, which appears on or through the Services, infringes copyright that that person owns or represent, they may send our designated agent ("Agent") a written notification, stating the location of the work claimed to be infringing. Upon their notification and subject to applicable copyright laws, we may remove or disable access to any such 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 the communication, we may ask person who submitted the claimed infringement to provide further or supplemental information, prior to 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 person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.
If we've removed material that a user of the Services submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification to our Agent. To be effective, the counter notification must be a written communication provided to our Agent that includes substantially the following:
After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.
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 any instance of your use of the Services, or terminate your user account altogether, if we determine, at our sole discretion, 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 decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.
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) certain material is infringing, or (2) certain material was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys' fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon 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 the foregoing, 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 THE FOREGOING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND 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 of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the 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 such information, 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. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 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 CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY.
Promo is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you provide, 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 or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation 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, 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, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN 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, without limitation, advertisements) may involve linking to or using web sites or services belonging to third parties. The Site may also provide you with links to access the Sites or services of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items, or for the provision of third party services via application programming interfaces (“API”), such as YouTube API Services. We have no control over third-party sites or services, and all use of third-party sites or services is at your own risk. Additionally, Promo cannot accept responsibility for any payments processed or submitted through such third party sites or services, or for the privacy policies and terms of any such sites or services. For example when you are using YouTube API client, you are agreeing to be bound by the YouTube Terms of Service, which can be access via the following link: YouTube Terms of Service. Promo is not responsible for content or services available by third parties. Promo does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites or services.
Promo may allow you to purchase physical goods from third parties. Promo has no responsibility or liability in respect of the provision of goods or services from any third party.
You agree to indemnify, defend, and hold harmless Promo and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any message or Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
Your use of the Services through our smartphone apps may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as AppStore or Google Play. Such third parties are not responsible for providing maintenance and support services with respect to the Site.
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 to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the smartphone app to you (if you paid any). 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, will not be at Apple’s responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including (i) product liability claims, (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
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.
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 2023