Terms of Service

Last updated: July 4, 2023
Effective date: July 4, 2023

Welcome to PromoPilot. These Terms of Service ("Terms") govern your access to and use of PromoPilot services, including our website, applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By accessing or using PromoPilot services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

PromoPilot provides marketing and communication services, including but not limited to:

  • Email marketing (eDM) services
  • SMS and MMS messaging services
  • Location-based SMS (LBS) services
  • Social media management and scheduling services
  • Website development and SEO services
  • Analytics and reporting tools

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information when creating your account
  • Maintain and update your account information to keep it accurate, current, and complete
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others, including intellectual property rights
  • Transmit any harmful, offensive, or illegal content
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any portion of the Services
  • Use the Services to send spam, unsolicited messages, or violate anti-spam laws

5. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, are the property of PromoPilot or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our Services without our prior written permission.

6. Payment Terms

Certain Services may require payment. By subscribing to paid Services, you agree to:

  • Pay all fees associated with your subscription
  • Provide accurate billing information
  • Authorize us to charge your payment method for all applicable fees

Fees are non-refundable except as required by law or as otherwise stated in our refund policy. We reserve the right to change our pricing at any time, with notice to existing subscribers.

7. Prohibited Activities

You are prohibited from using our Services to:

  • Send unsolicited commercial messages in violation of applicable laws
  • Harass, abuse, or harm others
  • Impersonate any person or entity
  • Collect or store personal data about other users without their consent
  • Use automated systems to access the Services without authorization

8. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice, for any reason, including if you breach these Terms.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PromoPilot SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify, defend, and hold harmless PromoPilot, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at [email protected].