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Terms of Service

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/activecast/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.

HOW THESE TERMS APPLY

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.

LIMITED LICENSE

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.

ACCOUNT REGISTRATION

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.

MEMBERSHIP, PLANS, PAYMENT, PRODUCT-SPECIFIC TERMS AND REFUNDS

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.

  • Paid subscription. Your subscription for a paid Promo or ActiveCast package enables you to access the functionality of the specific Services included in the package you selected. Each subscription applies only to the product identified at the time of purchase. Promo.com subscriptions do not include ActiveCast access or credits, and ActiveCast subscriptions do not include Promo.com subscription benefits, unless expressly stated otherwise on the applicable pricing, order, or promotional page. The applicable Service may be offered through various payment alternatives, all as described in the relevant promotional offer.
  • Billing cycle. All paid subscription packages are based on a periodic billing cycle, such as monthly or annual billing, as specified at the time of purchase. Your billing cycle begins on the date that you commit to your plan and resets at the end of each applicable period. For Promo.com plans, depending on the selected plan, you may be entitled to a certain number of videos per period or an unlimited number of videos. For ActiveCast plans, you are entitled to the number of generation credits allocated to your selected plan for the applicable billing period. If you upgrade your ActiveCast plan during a billing period, a new billing cycle for the upgraded plan may begin immediately, subject to any applicable proration described in these Terms or on the applicable pricing or billing page.
  • Roll-overs. For standard Promo.com subscriptions, unused video credits at the end of a subscription period will automatically roll-over to the following period, and repeatedly thereafter from one period to the next until used, for so long as your applicable subscription remains active. For ActiveCast subscriptions, subscription credits do not roll-over and any unused ActiveCast subscription credits expire at the end of the applicable billing cycle. If you purchase ad-hoc ActiveCast Top-Up Credits, those Top-Up Credits will not expire unless expressly stated otherwise at the time of purchase. When credits are available from both Top-Up Credit purchases and subscription-period allocations, Top-Up Credits will be consumed first and subscription credits will be preserved until Top-Up Credits are exhausted. At renewal of an ActiveCast subscription, your balance will reflect the new subscription-period credits for the renewed plan plus any then-available unexpired Top-Up Credits. If you cancel your subscription, or if we cancel it, as permitted by these Terms, you will lose any credits that are no longer valid under the rules applicable to your product. If you upgrade an ActiveCast subscription mid-period, the monetary value of unused subscription credits from the prior ActiveCast plan may be prorated and applied towards the upgraded plan, as described on the applicable pricing or billing page.
  • Charges. We accept various forms of payment, as set forth on the Site from time to time, as well as through third parties such as Apple and Google. By signing up for a paid subscription or purchasing credits and providing your billing information, you authorize us to charge your designated payment method on a recurring basis where applicable, now, and again at the beginning of each subsequent subscription period, based on the product and plan you selected. You may update your billing information, including changes to your payment method, through your account settings on the Site where available. If we experience an issue with your payment method, including a card decline or fraud detection hold, we may ask you to update your payment details before continuing with your plan. If Promo does not receive payment from your payment provider then, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Promo may terminate or suspend your subscription and continue attempting to charge your chosen payment method until payment is received. Upon receipt of payment, your account may be activated and for purposes of automatic renewal, your new subscription commitment period may begin as of the date payment is received. You will be charged on the date you signed up for the applicable subscription plan, or at the end of any applicable free trial period, and subsequently in advance on or around the last day of each subscription period for the immediately following term.
  • Subscription renewal. Unless you cancel your subscription by logging into your account at https://promo.com, selecting the applicable “Billing” page and confirming cancellation, or by informing the Promo Customer Support Department at [email protected] of your decision to cancel, in each case prior to the renewal commencement date and time, your subscription will automatically renew at the then-current fee for the applicable product and plan. Billing activities and related actions may be carried out directly by us or by any of our subsidiaries on our behalf.
  • Subscription fee changes. We reserve the right to change the subscription fee for any renewal term, to be effective upon renewal of your applicable subscription. We will notify you of changes in the subscription fee by sending an email, before your subscription renews, to the email address we have on record for your account, where required by applicable law. By continuing your subscription through the forthcoming renewal term after notice of the fee change, you agree to be billed at the updated fee.
  • Subscription termination or cancellation. Your subscription will continue until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period at the then current price for the applicable subscription, unless you cancel before the applicable Renewal Commencement Date. You may cancel by logging into your account at https://promo.com, selecting the applicable “Billing” page and confirming cancellation, or by informing the Promo Customer Support Department at [email protected] prior to the renewal commencement date and time. If you use the Services through one of our smartphone apps, you may also terminate your subscription plan through your AppStore or Google Play settings, as applicable. If you want to terminate your account permanently, please log in and go to the "My Account” page and confirm “Delete Account.” If you cancel a subscription, you may continue to use the applicable subscription through the end of the then-current subscription term, after which the subscription will not renew. Unless expressly stated otherwise in these Terms or required by applicable law, subscription fees are non-refundable once paid. Credits that have been consumed are non-refundable in all circumstances. Any refund rights, including any applicable 7-day money-back guarantee and any product-specific refund limitations or proration rules, are set forth below and may differ depending on whether the applicable purchase relates to Promo.com or ActiveCast.
  • Subscription limits. If you reach your usage limit under your current plan, you may have the option to upgrade to a larger plan or make an additional purchase made available for the applicable product, such as purchasing another video a la carte or purchasing additional credits, as applicable. If you choose to make such an additional purchase, we may charge the payment method already associated with your account for the applicable one-time charge.

  • 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.

  • Changing plans. You may upgrade or downgrade your subscription plan subject to the options made available for the applicable product on the billing page. For ActiveCast plans, if you upgrade mid-period, a new billing cycle for the upgraded plan will commence immediately and the monetary value of any unused ActiveCast subscription credits from your prior plan may be calculated on a prorated basis and applied toward the upgrade price. You may cancel your plan through the billing page except during any period in which the subscription is suspended. If you cancel a paid subscription plan, you will retain access through the end of the then-current paid term unless these Terms expressly provide otherwise. Any remaining credits, downloads, usage rights, or similar entitlements after cancellation will be governed by the rules applicable to the specific product you purchased.
  • Unpaid fees. You agree that failure to pay the applicable subscription fee may forfeit or suspend your right to access, download, generate, share, export, or otherwise use content or functionality associated with the applicable Service, and Promo may restrict such access or functionality any time in its sole discretion, subject to applicable law.
  • Single user. A Promo.com subscription plan or ActiveCast subscription plan is valid only for a single end user unless expressly stated otherwise in the applicable order, pricing page, or enterprise terms. Accounts are registered to you personally and may not be sold, traded, gifted, sublicensed, or otherwise transferred at any time under any circumstances. You may not share your account or disclose your password to anyone else. If you have registered for a subscription on behalf of your employer, each authorized end user must register for and use that user's own account unless Promo expressly permits otherwise. For the avoidance of doubt, you are strictly prohibited from granting access through your account, or sharing, gifting, transferring, enabling reuse of, or reselling proprietary content and materials available through your account, in any manner, to any other person or entity, including affiliates, subsidiaries, or entities under common control, except as expressly permitted by these Terms.

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.

TERMINATION OF ACCOUNT

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.

CONTENT

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.

CONTENT AND USE RESTRICTIONS

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:

  • Post them at online locations;
  • Use them for as long as you wish, even after your subscription to the Services expires;
  • Use them as background videos on your website or as social page cover media
  • If you are a Pro, Pro-Lite, Agency, special custom plan user, or another user expressly authorized by Promo to do so, then you may Assign or resell your rights to use eligible videos, to someone else (in which case your own rights to use those videos expire, and the recipient obtains those rights), subject in all cases to these Terms and any limitations applicable to the relevant product.

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:

  • Broadcast, display or perform the videos on television or cinema;
  • Edit, manipulate, extract, disassemble, add, remove or otherwise change in any way whatsoever a video that you have downloaded from the Services, including the images, music or texts in the video, except to the extent such modification is expressly permitted by the applicable product terms or license.
  • Extract content from the video or other output to use or distribute it separately, except where Promo expressly permits such extraction for the applicable product.
  • Provide, sub-license, distribute, transfer, or make available the video, or any component or portion of it, including the images, music or text, for others (including affiliates, subsidiaries or entities under common control) to use or reuse, including, as stock, archive or library footage, except as expressly permitted by these Terms.
  • Combine the video with another audiovisual piece only to the extent permitted under the applicable product rights and restrictions; otherwise such combination is prohibited.
  • Create, download or use the video as "raw footage" that does not contain text captions throughout at least 50% of the footage and a music track, or use or resell the produced video as stock content in any way or form, online or elsewhere.
  • Create, download or use "raw music", meaning, use a music track without the accompanying video footage that includes both text captions and the music track, throughout at least 50% of the applicable content.

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:

  • In any manner other than incorporating them into the content you create on the Services;
  • Portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
  • As a trademark, service mark, or logo;
  • Implying endorsement of, or affiliation with, your product by people, brands or logos on the image.

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.

Shutterstock content usage guidelines

  • You may not use the Shutterstock content to train, fine-tune, or update the weights or parameters of any standalone artificial intelligence or machine learning models.
  • Shutterstock content is for digital use within the ActiveCast service only and may not be used for printing.
  • You may not use the Shutterstock content as a trademark for a business.
  • While using Shutterstock content you may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment.
  • You may only use the Shutterstock content in campaigns and content created on Promo, and not with other website or content services.

ActiveCast-SPECIFIC TERMS: AI GENERATION, LIKENESS AND CONTENT RESTRICTIONS

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:

  • ActiveCast Eligibility: You must be at least 18 years old to access or use ActiveCast. Any parental or guardian permission provisions elsewhere in these Terms do not apply to ActiveCast.
  • Intellectual Property and Uploaded Media: The ActiveCast service may utilize third-party artificial intelligence engines to generate video content. Promo maintains the rights and licences it obtains for stock photos and other materials made available within the native ActiveCast library. You represent and warrant that you hold all rights, licenses, consents, and permissions necessary for any photos, images, videos, audio, likenesses, or other media that you upload to ActiveCast, and that Promo's use of such uploaded media to provide the ActiveCast service will not infringe or violate any third-party rights or applicable law.
  • User-Provided Media Responsibility: For purposes of this section, “User-Provided Media” means any photos, images, videos, audio or voice recordings, motion references, product images, location images, scripts, prompts, or other materials you upload, submit, reference, or otherwise provide to ActiveCast. Without limiting the foregoing, you are solely responsible for obtaining and maintaining all rights, licenses, permissions, releases and consents necessary for the submission, processing, modification, generation, distribution and intended use of User-Provided Media. The availability of a feature or generation capability through ActiveCast does not constitute a representation by Promo that your particular use of that feature, User-Provided Media, or any resulting output is lawful.
  • Stock Photography Animation: When you use ActiveCast to animate licensed stock photography from the ActiveCast library, ActiveCast creates a synthetic audiovisual performance derived from the licensed stock asset. The generated output does not represent or imply that the individual depicted in the source asset actually made the generated statement, performed the generated action, endorsed any product or service, or otherwise participated in creation of the generated output. Subject to your compliance with these Terms (including all ActiveCast-specific restrictions in this section), you are granted the commercial usage rights expressly provided for ActiveCast outputs under these Terms. These commercial rights do not extend to content generated from your own uploaded media; your right to use such content commercially depends on your having all necessary third-party rights, consents, and permissions for that media.
  • Prohibition on Likeness Misuse: When generating content featuring human subjects—whether using stock assets from our library or your own uploaded media—you may use depicted individuals only as generic "characters" or actors unless you have all rights and permissions necessary for a more specific use. You are strictly prohibited from creating, requesting, or using content that replicates, exploits, misappropriates, falsely suggests, or otherwise trades on the identity, persona, voice, image, likeness, or other personal attributes of any real person without all required rights, consents, and legal authority.
  • Prohibited AI Content: You expressly agree not to generate, request, upload, publish, or use content through ActiveCast that:
    • Falsely implies a real person’s endorsement of a product, service, cause or political view without explicit authorization;
    • Depicts a real person in a defamatory, offensive, illegal, deceptive, exploitative, or highly sensitive context without all rights and legal authority; or
    • Violates any individual’s privacy rights, publicity rights, personality rights, data protection rights, or other applicable rights.
  • Deepfakes and Prohibited Categories: Without limiting the foregoing, you are expressly prohibited from using ActiveCast to generate, request, or distribute deceptive deepfake content, meaning AI-generated or AI-manipulated content that is intended or reasonably likely to mislead viewers into believing that a specific real person actually said, did, performed, or endorsed something that person did not actually say, do, perform, or endorse. For clarity, a synthetic performance created from a licensed stock asset and used as a generic actor or character in compliance with these Terms is not prohibited solely because it has been artificially generated or manipulated. You are also prohibited from using ActiveCast to generate, request, or distribute adult or sexually explicit content, abusive or harassing content, or political campaign content. If you generate content in violation of any restriction in this section, Promo offers no protection, indemnification, defence, or liability coverage of any kind for such content, and you bear sole and exclusive responsibility for all consequences arising from such misuse.
  • Consent Requirements: By uploading media containing the likeness, voice, image, or other identifiable attributes of any real person, you represent and warrant that you have obtained all explicit consents, releases, and permissions required under applicable law to upload, generate, process, modify, manipulate and use that person's likeness or other personal attributes through artificial intelligence tools and related services. You are solely responsible for maintaining records of such consents and for providing them to Promo upon reasonable request where necessary to investigate suspected violations or comply with law.
  • Minors and Identity Uses: You may not use or attempt to use ActiveCast to apply synthetic speech, voice generation, lip-sync, facial animation, or other synthetic performance to any individual depicted in media who is identified or reasonably believed to be under 18 years of age. You may not use ActiveCast or any output, intermediate data, or functionality to identify, verify, authenticate, recognize, or determine the identity of any individual based on facial, voice, body, or other biological characteristics.
  • No AI Model Training: Except for inference processing necessary to provide the generation requested through ActiveCast, neither you nor any third party acting on your behalf may use any stock asset made available through ActiveCast, User-Provided Media, ActiveCast output, intermediate render, facial or spatial parameter, or other derived material to train, retrain, fine-tune, distill, develop, or improve any artificial intelligence, machine learning, or similar model or dataset. Promo does not 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.
  • Synthetic Media Disclosure and Provenance: You are responsible for complying with all applicable laws, regulations, and platform requirements concerning the disclosure, labeling, or identification of artificially generated or manipulated content. Promo may apply or preserve machine-readable metadata, content credentials, watermarks, provenance information, or other indicators identifying content as artificially generated or manipulated. You may not knowingly remove, disable, circumvent, or materially obscure any such indicator where its preservation is required by applicable law, these Terms, or an applicable third-party license.
  • AI Output Disclaimer and Enforcement: You acknowledge that AI-generated outputs are probabilistic and may be inaccurate, incomplete, offensive, infringing, or otherwise unsuitable for your intended use. Promo does not guarantee that any generated content will be error-free, fit for a particular purpose, non-infringing, or compliant with applicable law. You are solely responsible for reviewing and evaluating all ActiveCast outputs before using, publishing, distributing, or relying on them. Promo reserves the right to monitor content, restrict access, suspend features, remove content or terminate accounts immediately upon any actual or suspected violation of these ActiveCast-specific terms or any other provision of these Terms.

INTELLECTUAL PROPERTY

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.

COPYRIGHT POLICY

We respect the intellectual property rights of others and request that our users do the same. This section describes our copyright policy.

Alleged infringement notice

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:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  • Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
  • Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
  • Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

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.

Counter notification

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:

  • The user's physical or electronic signature;
  • Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
  • A statement, under penalty of perjury, that the user has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
  • User's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

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.

Repeat infringements

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.

Agent Details

Our Agent is the company's Chief Technology Officer (CTO). You may contact our Agent through any of the following communications channels:

  • Email address: [email protected]
  • Postal Address: Alon Towers, Tower 2, 36th Floor, 94 Yigal Alon Street, Tel Aviv, 6789156, Israel
  • Telephone number: + 972 (0) 3 6061600

Please note that our Agent receives alleged infringement-related notifications only.

Misrepresentations

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.

DISCLAIMERS & DISCLAIMER OF WARRANTY

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.

LIMITATION OF LIABILITY

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.

LINKED CONTENT & SERVICES

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.

INDEMNIFICATION

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.

ONLINE APPLICATION STORES

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.

Our Services adapted to ChatGPT in the OpenAI GPTs store.

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.

MISCELLANEOUS

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