Last modified: August 22, 2024
Welcome to Promohive! These Terms of Service (these "Terms") govern your access to and use of Promohive's website(s), application programming interfaces, and any associated services (collectively, the "Service"), so please carefully read them before using the Service.
By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with Promohive and are not barred under any applicable laws from doing so. The Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content from our Service at our discretion.
Except for certain kinds of disputes described in the "Dispute Resolution and Arbitration" section, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PROMOHIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Promohive provides tools and services for running social media giveaways, contests, and promotions across various platforms including Instagram, YouTube, TikTok, Twitter, Twitch, and Facebook. Our Service enables users to:
The Service integrates with third-party social media platforms. Your use of these platforms in connection with our Service is subject to their respective terms of service and privacy policies.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access certain features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@promohive.io.
When you register for an account, you may be able to connect your social media accounts to our Service. By connecting your social media accounts, you authorize us to access certain information from those accounts as described in our Privacy Policy.
Certain features of the Service may be offered for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms presented to you for those features.
Some paid features may consist of a subscription that automatically renews on a periodic basis (e.g., monthly or annually). If you purchase a subscription, you agree that your subscription will automatically renew unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at support@promohive.io.
We reserve the right to change our pricing at any time. If we change the price of a subscription, we will provide you with reasonable advance notice of such changes. Your continued use of the Service after a price change goes into effect constitutes your agreement to pay the new price.
All sales are final and no refunds will be provided except as required by law. If you believe you are entitled to a refund, please contact us at support@promohive.io.
We use third-party payment processors to process payments for the Service. Your payment information will be processed by these third-party payment processors in accordance with their respective terms of service and privacy policies. We do not store your payment information on our servers.
Subject to your complete and ongoing compliance with these Terms, Promohive grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
Except as expressly authorized by these Terms, you may not:
If you wish to use the Service for commercial purposes, you must purchase an appropriate commercial license. Please contact us at support@promohive.io for more information about commercial licensing.
The Service is owned and operated by Promohive. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service provided by Promohive are protected by intellectual property and other laws.
All materials contained in the Service are the property of Promohive or our third-party licensors. Except as expressly authorized by Promohive, you may not make use of the Service. Promohive reserves all rights to the Service not granted expressly in these Terms.
The Promohive name and logo are trademarks of Promohive, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.
The Service may contain links to third-party websites or services that are not owned or controlled by Promohive. Promohive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Promohive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Your use of social media platforms (including Instagram, YouTube, TikTok, Twitter, Twitch, and Facebook) in connection with our Service is subject to the terms of service and privacy policies of those platforms. You are responsible for ensuring that your use of the Service and any giveaways or contests you run comply with the terms of service of these social media platforms.
Certain features of the Service may permit users to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, audio, or other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you make available through the Service.
By making any User Content available through the Service, you grant to Promohive a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service.
You are solely responsible for your User Content and the consequences of making it available. By making User Content available, you represent and warrant that:
Promohive has the right, but not the obligation, to monitor User Content. We may remove or modify User Content for any reason, including if we believe that it violates these Terms or any applicable law.
You agree not to:
Promohive reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Promohive may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the "Last Modified" date at the beginning of these Terms.
Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service.
These Terms commence on the date you first use the Service and continue until terminated in accordance with these Terms.
You may terminate these Terms at any time by discontinuing your use of the Service and deleting your account.
Promohive may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. For example, we may suspend or terminate your access if you violate these Terms or if we believe your actions may cause legal liability for you, other users, or Promohive.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to indemnify, defend, and hold harmless Promohive, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any law, rule, or regulation; (d) your User Content; or (e) your violation of the rights of any third party.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. PROMOHIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
PROMOHIVE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PROMOHIVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PROMOHIVE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING PROMOHIVE OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROMOHIVE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROMOHIVE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PROMOHIVE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PROMOHIVE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
These Terms and any action related thereto will be governed by the laws of the United States without regard to its conflict of laws provisions.
These Terms constitute the entire agreement between you and Promohive regarding the use of the Service, superseding any prior agreements between you and Promohive relating to your use of the Service.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
The failure of Promohive to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you.
If you have any questions about these Terms, please contact us at: support@promohive.io