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Terms of Service

These terms are the agreement between you and Promotedly. They matter most in two places: what you are responsible for when you send marketing messages, and what you owe the customers who claim your promotions.

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The agreement

By creating an account or using Promotedly you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it. You must be at least eighteen years old.

What the service does

We provide software for creating promotional campaigns, hosting the pages that deliver them, collecting customer contact details with a consent record, issuing and tracking rewards, and sending email and text messages that you configure.

We are a tool, not your marketing department. We do not review your offers for commercial sense, and we do not guarantee any level of claims, redemptions, revenue or return.

Accounts and security

  • Give accurate registration information and keep it current.
  • Keep your credentials confidential. You are responsible for activity under your account.
  • Tell us promptly if you believe your account has been accessed without authorisation.
  • Do not share a single account between people who should have separate roles.

Plans, billing and cancellation

  • Paid plans are billed monthly in advance through our payment processor until cancelled.
  • Plans include a customer allowance and one campaign type. Additional campaign types are available as add-ons at the prices shown on our pricing page.
  • If you exceed your customer allowance, new claims are paused until you upgrade. Your existing data is not deleted.
  • You can cancel at any time. Cancellation takes effect at the end of the current billing period and we do not pro-rate partial months.
  • We may change prices with at least thirty days' notice to the email address on your account.
  • Fees are exclusive of taxes, which are added where applicable.

Your promotions and your customers

You decide what your promotions offer and you are responsible for honouring them. Specifically, you agree that:

  • Every reward you issue will be honoured on its stated terms, and any restriction — expiry, minimum spend, eligible items, one per customer — is disclosed before a customer claims.
  • Prize odds you configure are accurate, and games of chance are presented honestly with no false urgency or fabricated scarcity.
  • Giveaways comply with the sweepstake and lottery rules that apply where you operate, including published official rules, eligibility and any registration or bonding requirements. No purchase may be required to enter where that is unlawful.
  • You hold the rights to any content you upload, including logos, images and customer videos, and you have the participant's documented permission before publishing a review video.
  • You will not use a promotion to collect information from anyone under eighteen.

Messaging compliance

You are the sender

Marketing messages sent through the platform are sent in your name and on your behalf. Compliance with the laws governing them is your responsibility, and we will suspend accounts that put our sending infrastructure or other customers at risk.

  • Only message people who gave consent through your own campaigns or rewards program. Uploading a purchased, scraped or rented list is prohibited.
  • Honour opt-outs immediately. Do not attempt to re-subscribe anyone who has opted out without a fresh, documented consent.
  • Identify your business clearly in every message and follow the applicable rules, including the TCPA, CAN-SPAM, and carrier requirements for text messaging.
  • Do not send prohibited content, including messages relating to illegal substances, hate, harassment, sexually explicit material, firearms where restricted, or high-risk financial offers.

Acceptable use

  • Do not attempt to access another brand's data, probe our systems, or bypass rate limits and abuse controls.
  • Do not resell or white-label the service without a written agreement with us.
  • Do not use the platform to run a scheme whose purpose is to mislead customers about price, odds or availability.
  • Do not upload malware, or use the service to send phishing or fraudulent content.

Your data

You own the customer records and content you create. We process them to provide the service, as described in our privacy policy. You can export them at any time, and we delete them on request or after account closure, apart from consent and suppression evidence which we retain in minimised form because it is the record that a message was or was not permitted.

Our intellectual property

The platform, its software, design and the Promotedly name and marks belong to us. You get a non-exclusive, non-transferable right to use the service while your account is in good standing. You grant us a limited licence to host and display your brand assets for the purpose of delivering your campaigns.

Availability and support

We aim for high availability but do not promise uninterrupted service, and we may take the platform down for maintenance. We will give notice of planned downtime where we reasonably can. The service is provided on an “as is” basis without warranties of any kind, to the extent the law allows.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or goodwill. Our total liability arising out of the service is limited to the fees you paid us in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot lawfully be limited.

You will indemnify us against claims arising from your promotions, your messages, your content, or your breach of these terms.

Suspension and termination

You may close your account at any time. We may suspend or terminate an account for non-payment, for a breach of these terms, or where continued operation poses a legal or security risk. Where circumstances allow, we will give notice and an opportunity to fix the problem first. After termination you have thirty days to export your data before deletion.

Changes, governing law and contact

We may update these terms and will revise the date at the top. Material changes are notified to account holders before they take effect, and continued use after that means acceptance. These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules, and the courts located in Duval County, Florida have exclusive jurisdiction.

Questions about these terms: hello@promotedly.com.