Terms of Service

By accessing or using the Promota website or platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

Promota provides an autonomous AI marketing platform that identifies, engages, and converts customers on behalf of client organizations across digital channels including email, social media, and paid advertising. The specific scope of services, deliverables, and pricing for each client engagement are governed by a separate order form or service agreement.

You must be at least 18 years old and have the authority to enter into a binding contract to use our Service. The Service is intended for business use only and is not directed to consumers for personal, family, or household purposes.

If you are provided with account credentials to access the Service, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. Notify us immediately at support@promota.ai if you believe your account has been compromised.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Send unsolicited communications in violation of CAN-SPAM, CASL, GDPR, or similar laws
• Transmit material that is false, defamatory, harassing, or fraudulent
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or extract source code from any part of the Service
• Resell or sublicense access to the Service without written permission

Promota's IP: The Service, including its software, AI models, algorithms, design, and content, is owned by Promota, Inc. and protected by copyright, trade secret, and other intellectual property laws. These Terms grant you no rights in our IP except a limited, non-exclusive, non-transferable license to use the Service as described herein.

Your data: You retain all ownership rights to data and content you provide to Promota. You grant Promota a limited license to use that data solely to provide and improve the Service.

Feedback: Any suggestions or feedback you provide may be used by Promota without obligation or compensation to you.

Fees for the Service are set forth in your order form or service agreement. Unless otherwise agreed, fees are due as specified in that agreement. Promota reserves the right to suspend access for overdue payments after reasonable notice. All fees are non-refundable except as expressly stated in your service agreement.

Each party agrees to keep confidential the non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, already known to the receiving party, or independently developed without reference to confidential information.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." PROMOTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROMOTA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SPECIFIC RESULTS WILL BE ACHIEVED THROUGH USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROMOTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

PROMOTA'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PROMOTA IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend, and hold harmless Promota, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your breach of these Terms, or your violation of any applicable law or third-party right.

Either party may terminate these Terms with written notice. Promota may also suspend or terminate your access immediately if you breach these Terms or if continued access would expose Promota to legal or regulatory risk. Upon termination, all licenses granted herein immediately cease and you must stop using the Service.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from these Terms shall first be addressed through good-faith negotiation. If not resolved within 30 days, disputes shall be resolved by binding arbitration under the JAMS Streamlined Arbitration Rules, conducted in English. You waive any right to a jury trial or class action.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the effective date. Your continued use of the Service after changes are posted constitutes acceptance.