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Promotify

TERMS OF SERVICE

Last Updated: January 16, 2026


1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding legal agreement between you ("Client," "you," or "your") and Promotify LLC, a Nevada limited liability company ("Company," "we," "us," or "our").

By registering for our SaaS platform, accessing our services, or engaging us for professional agency services (collectively, the "Service"), you agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.


2. Description of SaaS Service

The "SaaS Service" is a middleware platform designed to connect Promotional Products Industry data (via PromoStandards) with e-commerce platforms (specifically Shopify). The Service utilizes third-party infrastructure, including Zoho Catalyst (serverless functions), Zoho Creator (database), and Zoho Subscriptions (billing), to facilitate data transformation, synchronization, and management.


3. Professional Agency Services (SEO & Social Media)

In addition to our software, you may engage us for professional marketing services, including Search Engine Optimization (SEO), Social Media Management, and Content Creation ("Professional Services"). The following terms apply to these engagements:

A. Scope of Authority: You grant us the authority to access your third-party accounts (including but not limited to Shopify, SAGE, ESP+, Google Search Console, and social media profiles) solely for the purpose of performing the requested services. You represent that you are the owner of these accounts and have the right to grant us access.


B. Use of Third-Party Tools & AI: You acknowledge that we utilize a suite of professional tools to deliver these services, including:

  • Analytics & SEO: Semrush, Google Search Console, and proprietary auditing tools.
  • Generative AI: Large Language Models (LLMs) such as Google Gemini, OpenAI (ChatGPT), and Anthropic (Claude) for content ideation, drafting, and optimization.
  • Design: Adobe Creative Cloud and Canva for visual asset creation.
  • Decision Making: While these tools assist our process, final strategic decisions are reviewed by our human experts.

C. No Guarantee of Results (SEO Disclaimer):

  • Search Algorithms: You acknowledge that search engine algorithms (e.g., Google, Bing) are secret, constantly changing, and outside our control.
  • Rankings: We do not and cannot guarantee specific search engine rankings, traffic levels, or sales conversions. Past performance is not indicative of future results.
  • Liability: We are not liable for negative impacts on rankings caused by (i) search engine algorithm updates, (ii) changes you or your other agencies make to the site, or (iii) downtime of your hosting platform (SAGE, ESP+, Shopify).

D. Social Media & Content Approval: Unless otherwise agreed, you are responsible for reviewing and approving all social media posts and copy before they are published. You are responsible for ensuring your content complies with the terms of the platforms where it is published (e.g., Meta, LinkedIn, X).


E. Intellectual Property of Deliverables: Upon full payment of fees, you own the copyright to the final text, images, and reports we deliver to you. We retain the rights to our underlying methodologies, "prompts," and working files used to create those deliverables.


F. Ad Spend Responsibility: If we manage paid advertising campaigns on your behalf, you are solely responsible for all direct media costs paid to advertising platforms (e.g., Google Ads, Meta). We are not liable for accidental overspend, platform bans, payment failures, or the performance of paid advertising campaigns.


4. Account Registration & Security

Credentials: You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials, API keys, and third-party tokens (e.g., Shopify Admin API tokens). PromoStandards supplier credentials are managed centrally by our platform. However, depending on your subscription tier, you may optionally provide your specific Supplier API credentials (e.g., to access negotiated pricing), which we will securely store.

Access: You are solely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use.


5. Subscription, Fees, and Payment

Tiers: Subscription tiers include Basic ($59/month), Grow ($159/month), Advanced ($479/month), and Plus (custom pricing). Each tier includes different limits on synced products, published products, suppliers, and connected Shopify stores as described on our website.


Billing: The Service is billed on a recurring basis (monthly or annually) as selected by you during sign-up. Payments are processed via Zoho Subscriptions using the Authorize.net payment gateway. By adding a payment method, you authorize us to charge the applicable fees automatically on the renewal date.


No Refunds: All fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Price Changes: We reserve the right to change our pricing upon 30 days' notice. Continued use of the Service after the price change constitutes your agreement to pay the new amount.


6. Term, Termination, and "Kill Switch"

Cancellation: You may cancel your subscription at any time via your account portal. Cancellation will be effective at the end of the current billing cycle. Upon cancellation, your account will enter the same retention period described below, allowing you to reactivate within ninety (90) days without losing your product selections and configurations.


Effect of Non-Payment (The "Unpublish" Protocol): If we are unable to process your payment, we will provide a grace period of seven (7) days to update your payment method. If payment is not received:

  • Suspension: Your access to the Service will be suspended immediately.
  • Shopify Product Unpublishing: You explicitly authorize us to connect to your connected Shopify store(s) and unpublish, archive, or set to "draft" status any products, images, or inventory data that were created, synced, or managed by our Service. These products will be removed from public visibility on your storefront.
  • Data Retention & Permanent Deletion: We will retain your account configuration, product selections, and sync settings for ninety (90) days following suspension ("Retention Period"). During suspension, your product selections and configurations in our system will be preserved but marked inactive.
  • Reactivation: If you pay all outstanding fees within the Retention Period, we will reactivate your account, restore your product selections to active status, and attempt to republish your managed products on Shopify.
  • Permanent Deletion: After ninety (90) days of inactivity or non-payment, we reserve the right to permanently delete all your data from our systems, including your product selections, sync configurations, and Shopify connection data. We shall have no liability for any data lost or destroyed after this period.

7. Shopify Integration

OAuth Authorization: Connecting your Shopify store to our Service requires OAuth authorization, which grants us access to your store's Admin API. This authorization enables us to create, update, and manage product listings, variants, images, and inventory data on your behalf.


Access Control: You may revoke our access at any time through Shopify's app management interface, which will immediately disable all syncing functionality. Upon revocation, we will no longer be able to update or manage products in your store.


Product Ownership: Products created in your Shopify store via our Service remain your property. However, you acknowledge that product data (including descriptions, specifications, images, and pricing) originates from PromoStandards suppliers and may be subject to those suppliers' terms regarding product information and intellectual property.


8. Sync Limitations

Scheduled Synchronization: The Service syncs data at scheduled intervals, not in real-time. Synchronization cycles run periodically (approximately hourly) for most data types:

  • Product catalog data (specifications, descriptions, variants): periodic sync
  • Media assets (images, videos): periodic sync with hash-based change detection
  • Inventory levels: periodic sync
  • Pricing data: periodic sync

No Real-Time Guarantee: Real-time synchronization is not guaranteed. Inventory quantities, pricing, and product availability may differ between supplier data and your Shopify store between sync cycles.


Supplier Data Dependency: The accuracy and completeness of synced data depends entirely on what PromoStandards suppliers provide through their APIs. We transmit supplier data as received and are not responsible for supplier data inaccuracies.


9. Intellectual Property & Data Rights

Your Data: You retain all rights to the data you provide to the Service, including your Shopify store data, product selections, and pricing configurations.


Supplier Data: You acknowledge that product specifications, images, and pricing originate from PromoStandards suppliers. Your right to use this data is governed by your relationships with those suppliers and applicable industry agreements.


Our IP: We retain all rights, title, and interest in and to the Service, including the connector code, Zoho Creator application logic, interface, and documentation.


Usage Data: You grant us a worldwide, perpetual, royalty-free license to use, copy, and modify your data in an aggregated and anonymized format for the purposes of internal analytics, platform improvement, performance benchmarking, and marketing, provided that such use does not identify you or your end customers.


10. AI-Enhanced Features & Generative Content

Scope of Services: The Service may utilize artificial intelligence ("AI") to generate or enhance content, including but not limited to product descriptions, images, videos, and metadata ("Generated Content"). This process relies on inputs provided by you, including specific instructions, keywords, and "Brand Voice Prompts" (collectively, "User Inputs").


Responsibility for Inputs: You represent and warrant that you own or have the necessary rights to use all User Inputs you provide to the AI.


Review Requirement: You acknowledge that AI technology is probabilistic and may produce results that are inaccurate, incomplete, or unsuitable for your purposes. You agree to review, verify, and edit all Generated Content before publishing it. We are not responsible for the quality, accuracy, or legality of the content generated.


AI Providers: AI services are provided by third-party providers including Anthropic (Claude), Google (Gemini), and OpenAI (ChatGPT). Generated content may be subject to the terms and acceptable use policies of these underlying providers.


Ownership: As between you and us, you retain ownership of your User Inputs. Subject to the terms of the underlying AI providers, we assign to you any rights we may have in the Generated Content.


Beta Status: AI-Enhanced Features may be introduced as Beta Services and will be subject to the additional terms in Section 11.


11. Beta Features

From time to time, we may invite you to try features that are in a "Beta," "Pilot," or "Early Access" phase ("Beta Services"). You acknowledge that:

No Warranty: Beta Services are not ready for prime time. They may contain bugs, errors, and incomplete functionality. They are provided "AS IS" with absolutely no warranties.

Data Risk: We are not responsible for any data loss or corruption that occurs specifically within Beta Services.

Right to Discontinue: We reserve the right to modify, suspend, or discontinue any Beta Service at any time without notice.


12. Third-Party Dependencies

The Service operates as middleware and relies on the availability of third-party platforms.

Dependencies: You acknowledge that the Service depends on the uptime and API stability of Zoho Catalyst, Zoho Creator, Zoho Subscriptions, Shopify, and your specific PromoStandards suppliers.


No Liability for Third Parties: We are not responsible for, and shall have no liability for, service interruptions, data inaccuracies, or functionality breaks caused by:

  • Downtime or maintenance of Zoho, Shopify, or PromoStandards endpoints.
  • Changes to API structures or "breaking changes" implemented by these third parties.
  • Inaccurate data (pricing, inventory, or specs) provided by the PromoStandards suppliers.

Supplier Data Quality: PromoStandards API availability and data quality vary significantly by supplier. Some suppliers may have incomplete product data, incorrect pricing, missing images, or intermittent API availability. We sync data as provided by suppliers and are not responsible for supplier data accuracy, completeness, or availability.


13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA SYNCED WILL BE ACCURATE.


14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROMOTIFY LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (INCLUDING DAMAGES TO YOUR SHOPIFY STORE RANKING OR SEO STANDING), RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE.


OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


15. Trial Terms

Trial subscriptions, when offered, provide access to specified tier features for fourteen (14) days. At trial expiration, your account will be suspended unless you add a valid payment method. During the trial period, you are bound by all other terms of this agreement.


16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions.


Promotify LLC
1180 N Town Center Dr, Ste 100
Las Vegas, NV 89144
United States