Last Updated: October 2, 2025
Terms of Use
Agreement to Terms
These Terms of Use (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Promiq Corporation (“Promiq,” “Company,” “we,” “us,” or “our”), concerning your access to and use of promiq.ai and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
The Site provides an online platform for: a marketplace connecting brands and agencies with creators who publish promotional content on social media (the “Offerings”). To help make the Site a secure environment, all users are required to accept and comply with these Terms, including any applicable user agreements, policies, and guidelines posted on the Site, each of which is incorporated by reference.
By accessing the Site and/or the Offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SITE AND/OR THE OFFERINGS AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will update the “Last Updated” date above when changes are made. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.
The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Site is not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA). If your interactions would be subject to such laws, you may not use this Site. The Site is operated from, and intended for use in, the United States.
The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site or use the Offerings.
Intellectual Property Rights
Unless otherwise indicated, the Site and the Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by applicable intellectual property and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site, Offerings, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
Provided that you are eligible to use the Site, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, Marks, and Offerings.
User Representations
By using the Site or the Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Site or the Offerings through automated or non-human means (bot, script, etc.); (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Offerings will not violate any applicable law or regulation.
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Offerings for any illegal or unauthorized purpose. Prohibited uses include: illegal goods/services; intoxicants and controlled substances; pornography and sexually explicit content; gambling; weapons; and any activity that violates Stripe’s acceptable use policies or applicable law.
We are a platform/service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any information on the Site or any third-party offerings displayed or offered through the Site. You agree to hold us harmless from errors, omissions, or misrepresentations within the Site’s content. We do not endorse or recommend any third-party products or services and the Site is provided for informational purposes only.
User Registration
You may be required to register to access certain features. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username if we determine that such username is inappropriate, obscene, or otherwise objectionable.
Offerings; Pricing; Availability
We reserve the right to limit quantities of any Offerings. All descriptions or pricing of the Offerings are subject to change at any time without notice, in our sole discretion. We may discontinue any Offering at any time for any reason. We do not warrant that the quality of any Offering will meet your expectations or that any errors in the Site will be corrected.
Purchases and Payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and payment information so we can complete your transactions and contact you as needed. Sales tax will be added where required by law. We may change prices at any time. All payments shall be in U.S. dollars.
Payment processing is provided by Stripe. By purchasing on the Site, you agree to be bound by the then‑current Stripe Services Agreement and any applicable Stripe terms. You authorize us and Stripe to charge your chosen payment method for amounts due, and to share transaction information with Stripe to process your payments and prevent fraud.
If your order is subject to recurring charges, you consent to recurring charges until you cancel. We reserve the right to correct pricing errors, even after payment is requested or received.
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order; these restrictions may include orders placed under the same account or payment method or using the same billing/shipping address. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
Refund Policy
All sales are final and no refunds will be issued, except where required by law or if our support team determines, at its sole discretion, that a refund is warranted.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Without limiting the foregoing, you agree not to:
Systematically retrieve data or other content to create or compile a database or directory without written permission.
Make any unauthorized use of the Offerings, including collecting users’ information to send unsolicited email, or creating accounts by automated means or under false pretenses.
Circumvent, disable, or interfere with security-related features of the Site.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us or other users (e.g., phishing for credentials).
Make improper use of our support services or submit false reports.
Use any automated system (robots, spiders, scripts) without our permission.
Interfere with or disrupt the Site or networks connected to the Site.
Impersonate another user or person, or use another’s username.
Sell or transfer your profile.
Use information obtained from the Site to harass, abuse, or harm another person.
Reverse engineer or attempt to obtain the source code of the Site.
Bypass measures designed to prevent or restrict access to the Site.
Harass, intimidate, or threaten our employees or agents.
Copy or adapt the Site’s software or code.
Upload or transmit viruses or any disruptive code.
Upload or transmit any passive or active information collection mechanism without consent.
Launch or distribute any automated system or unauthorized software.
Disparage or harm us or the Site.
Use the Site in violation of any law or regulation.
User-Generated Content and Contributions
The Site may allow you to submit, post, display, transmit, or publish content (collectively, “Contributions”). Contributions may be viewable by other users or third parties. Any Contributions you transmit may be treated as non-confidential and non-proprietary.
Your warranties. You represent and warrant that: (1) your Contributions do not infringe third-party rights; (2) you own or have licenses/permissions to use and authorize use of your Contributions; (3) you have the written consent of each identifiable person in your Contributions; (4) your Contributions are not false or misleading; (5) your Contributions are not spam or unauthorized advertising; (6) your Contributions are not obscene, violent, harassing, or otherwise objectionable; (7) your Contributions do not ridicule, disparage, or abuse anyone; (8) your Contributions do not incite violence; (9) your Contributions do not violate any law; (10) your Contributions do not violate privacy or publicity rights; (11) your Contributions do not solicit personal information from minors or exploit minors; (12) your Contributions do not include offensive comments tied to protected characteristics; (13) your Contributions do not otherwise violate these Terms or any law.
License to us. By posting Contributions or making them available (including via linked accounts), you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, distribute, and prepare derivative works of such Contributions (including your image and voice) in any media now known or hereafter developed, and to sublicense the foregoing. You waive all moral rights in your Contributions to the extent permitted by law.
We do not claim ownership of your Contributions; you retain your rights therein. However, you are solely responsible for your Contributions, and you agree to refrain from bringing any claim against us relating to them. We may, but are not obligated to, monitor, edit, or remove Contributions at any time in our sole discretion.
Guidelines for Reviews
If the Site allows reviews or ratings, you agree that: (1) you have firsthand experience with the person/entity being reviewed; (2) reviews will not contain profanity, hate speech, or abusive language; (3) reviews will not contain discriminatory references; (4) reviews will not reference illegal activity; (5) if affiliated with a competitor, you will not post negative reviews; (6) you will not make legal conclusions; (7) you will not post false or misleading statements; and (8) you will not organize campaigns to post reviews.
We may accept, reject, or remove reviews at our sole discretion. Reviews do not represent our opinions. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute content relating to reviews.
Social Media
You may link your account with third-party accounts (each, a “Third-Party Account”). By doing so, you authorize us to access and store content associated with such Third-Party Accounts consistent with your settings and these Terms. You may disable connections at any time. Your relationships with third-party providers are governed solely by your agreements with them.
Submissions
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own all rights, including intellectual property rights, and may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation to you. You waive all moral rights in such Submissions and warrant that they are original or that you have the right to submit them.
Third-Party Websites and Content
The Site may contain links to third-party websites (“Third-Party Websites”) and content (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness and are not responsible for them. If you access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. Our Terms no longer govern when you leave the Site.
Advertisers
If the Site displays advertisements, advertisers are solely responsible for the content of their ads and any related products/services. Advertisements are subject to our DMCA policy (if applicable). We provide only the space; no other relationship is created.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take legal action against anyone who violates the law or these Terms; (3) refuse, restrict access to, limit availability of, or disable any of your Contributions; (4) remove or disable files and content that are excessive or burdensome to our systems; and (5) otherwise manage the Site to protect our rights and to facilitate proper functioning.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at https://promiq.ai/privacy. By using the Site or the Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Site and the Offerings are hosted in the United States. If you access the Site from another region with laws governing personal data collection, use, or disclosure that differ from U.S. laws, by continuing to use the Site you are transferring your data to the United States for processing.
Digital Millennium Copyright Act (DMCA) Notice and Policy
Notifications. If you believe that any material available on or through the Site infringes upon your copyright, please notify our Designated Agent. Your notice must comply with 17 U.S.C. § 512(c)(3) and include: (1) a signature of the person authorized to act on behalf of the owner; (2) identification of the copyrighted work; (3) identification of the infringing material and information sufficient to locate it; (4) your contact information; (5) a statement of good‑faith belief; and (6) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act.
Counter‑Notification. If your material was removed due to mistake or misidentification, you may send a counter‑notification including: (1) identification of the removed material and its prior location; (2) your consent to jurisdiction of the appropriate U.S. federal district court; (3) a statement that you will accept service of process; (4) your contact information; (5) a statement, under penalty of perjury, of good‑faith belief that the material was removed due to mistake; and (6) your signature.
DMCA Designated Agent (Service Provider: Promiq Corporation)
Name/Title: DMCA Agent
Address: 1111b South Governors Avenue STE 39845, Dover, DE 19904, US
Email: [email protected]
Phone: +1 438 808 9844
Term and Termination
These Terms remain in full force and effect while you use the Site. Without limiting any other provision, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site and the Offerings (including blocking certain IP addresses) to any person for any reason, including for breach of any representation, warranty, covenant, or law. We may terminate your use or participation or delete your account and content at any time, without warning, in our sole discretion.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you act on behalf of the third party. We also reserve the right to pursue civil, criminal, and injunctive remedies.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Offerings without notice at any time. We will not be liable for any modification, price change, suspension, or discontinuance.
We cannot guarantee the Site and the Offerings will be available at all times. We may experience hardware, software, or other problems or need maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss or damage caused by your inability to access or use the Site or the Offerings during downtime or discontinuance.
Governing Law
These Terms and your use of the Site are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Dispute Resolution (Arbitration)
Binding Arbitration. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The number of arbitrators shall be one (1). The seat (legal place) of arbitration shall be Wilmington, Delaware, USA. The language of the proceedings shall be English. The governing law shall be the substantive law of Delaware.
Restrictions. The arbitration shall be limited to the dispute between the parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) no right or authority exists for any dispute to be arbitrated on a class-action basis; and (c) no right or authority exists for any dispute to be brought in a purported representative capacity.
Exceptions. The following disputes are not subject to arbitration: (a) enforcement or validity of intellectual property rights; (b) theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If this provision is found illegal or unenforceable, such dispute shall be decided by a court of competent jurisdiction within the courts listed below.
Venue; Jurisdiction. Subject to the arbitration provisions above, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
Corrections
Information on the Site may contain typographical errors, inaccuracies, or omissions (including descriptions, pricing, availability). We reserve the right to correct any errors and update information at any time without prior notice.
Disclaimer
THE SITE AND THE OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY FOR (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL/FINANCIAL INFORMATION; (4) INTERRUPTION OR CESSATION OF TRANSMISSION; (5) BUGS, VIRUSES, OR THE LIKE TRANSMITTED BY THIRD PARTIES; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE OR THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 1**-**MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Indemnification
You agree to defend, indemnify, and hold harmless Promiq and our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of: (1) your Contributions; (2) use of the Offerings; (3) breach of these Terms; (4) breach of your representations and warranties; (5) violation of the rights of a third party; or (6) any harmful act toward any other user with whom you connected via the Site. We may assume the exclusive defense and control of any matter subject to indemnification by you; you agree to cooperate at your expense.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Offerings, as well as data relating to your use of the Offerings. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Offerings. We have no liability for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
Electronic Communications, Transactions, and Signatures
By visiting the Site, sending us emails, and completing online forms, you consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
Email Communications & Unsubscribe
You may receive emails from us about your account, transactions, service updates, and (if you opt in) marketing communications. You can unsubscribe from marketing emails at any time by clicking the “unsubscribe” link in the email footer or by emailing us at [email protected] with your request. Please note that we may still send you transactional or service‑related emails (e.g., receipts, security alerts, critical notices) even if you opt out of marketing communications.
California Users and Residents (If Applicable)
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210 or (916) 445-1254
Marketplace Transaction Rules
Promiq connects brands and agencies (buyers) with creators (sellers) who publish promotional content on their social media accounts.
Deliverables & Review Window: After a creator submits deliverables through the Site, the buyer has 48 hours to request a revision or open a dispute. If no action is taken, the order automatically closes and funds are released to the creator.
Refunds: If the creator submits the required deliverables, the buyer is generally not entitled to a refund, except as required by law or as determined by Promiq’s dispute resolution team, in its sole discretion.
Disputes: Disputes are handled by Promiq’s internal arbitration team; decisions are final and at our sole discretion. Promiq is not responsible for any lost products or funds shipped or exchanged outside the platform workflow.
Off-Platform Transactions: If users take communication or payments off the Site, Promiq is not responsible for any aspect of the order.
Payouts: We pay creators via Stripe (including Stripe Connect) only. Other payout methods are not supported at this time.
Chargebacks for Shipped Goods: If a product is shipped to a creator and the work is not completed, we may charge the creator’s payment method on file for the cost of the product where permitted by law.
Miscellaneous
These Terms and any policies posted by us on the Site or with respect to the Offerings constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations at any time. We are not liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created by your use of the Site. These Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Terms and the lack of signing by the parties.
Contact Us
Promiq Corporation
Address: 1111b South Governors Avenue STE 39845, Dover, DE 19904, US
Phone: +1 438 808 9844
Email: [email protected]
Registered Agent
Legalinc Corporate Services Inc.
131 Continental Dr Suite 305, Newark, DE 19713, US