Promoty Terms and Conditions
By registering as a user or a customer on the web page promoty.eu (web platform and all its subdirectories and subdomains), you agree that you have read the terms and conditions and agree to them fully and you will fulfill your duties as written in the terms and conditions.
- Promoty (or Promoty platform) – Promoty Marketing OÜ (registry code 14362043, address Pärnu mnt 148 2nd floor, 11317 Tallinn, Estonia) is an Estonian company that produces and manages a marketplace software platform that allows the customer and the user to organize marketing activities between each other. The main purpose of the web platform is to provide means of communication and logistics between the two parties (customer and user) automatically. The primary business of Promoty is to license the software platform to customers and users.
- Customer – Physical or Legal person/entity, who has agreed to the terms and conditions written here and has registered a Marketer account and uses Promoty to create and conduct marketing activities.
- User – Physical or Legal person/entity, who has agreed to the terms and conditions written here and has registered a Content Creator account. Content Creators use Promoty to find offers created by Customers and other digital services provided in the Promoty web platform (statistics, content planners etc.).
- Content creator account – Account type where the main purpose is to fulfill offers and find deals.
- Marketer account – Account type that is meant for campaign creation and brand management.
- Agency account – Account type that is meant for managing marketer accounts on behalf of the marketer.
- Marketing campaign – A digital collection of offers targeted and made available for a specific group of Content Creators which is created by a Customer. The Offer payments and fees make up the cost of the marketing campaign for the customer. Promoty is not a part of the contract between the Customer and the User, Promoty only serves as the marketplace software that is used to organize these transactions.
- Campaign brief (or brief) – Description of the marketing campaign.
- Offer payment – Monetary payment which is intended for a user who has fulfilled the requirements of an offer in a marketing campaign paid by the Customer.
- Payout – Consists of one or multiple Offer payments and happens when the money is transferred from Mangopay to the User’s bank account. In order to request a payout, the User must undergo an Identity Verification. Users who are under 18 year old may choose to either store the earnings on Mangopay and withdraw when they become 18 years old or have their legal guardian complete the Identity Verification and have them receive the payout on their behalf.
- Referral payment – A monetary payment paid by Customer to the Referrer Content Creator whenever a Referred Content Creator successfully receives an Offer payment from Customer. The size of the referral payment is defined by Promoty and is by default 20% of the Promoty fee. When a referral payment is triggered, the Promoty fee is reduced in equal proportion to the referral payment’s size, which doesn’t change the total cost of the marketing campaign nor the Offer payment to the user who completed the offer. Referral payments are in effect for 1 year after inviting a user.
- Referrer Content Creator – A Content Creator who invited another Content Creator to join the Promoty platform through a dedicated invite link.
- Referred Content Creator – A Content Creator who was invited by another Content Creator to join the Promoty platform through a dedicated invite link.
- Promoty fee – Promoty fee is a monetary payment that is charged on every offer completed for the usage of the service. Promoty fee is calculated dynamically but stays between 20-50% (or/and a fixed fee of 10€) of the Offer payment and VAT of 20% (if applicable) is added to Promoty fee. By default the Promoty fee is 20% but the dynamic change may occur in select special cases defined by Promoty.
- Subscription fee – Subscription fee is a monetary payment which is recurring every month or anually and is used for premium services within the Promoty platform. This can be applied for both users and customers.
- Total transaction payment – Total transaction payment is the total cost that a customer pays upon completed transaction, it consists of offer payment, referral payment (if applicable), Promoty fee and VAT (if applicable). Example on a completed offer worth 10€: Offer payment – 10€, Promoty fee – 2€ (20%), VAT – 0.40€, Total transaction payment = 12.40€.
- User invite – When one user invites a new user to the platform with their invite link found in the Promoty platform.
- Offer – Part of the Marketing Campaign which sets the terms for the User to receive the Offer Payment and in which the Customer shows intent to sign a contract with the User for that offer. In order to receive the Offer Payment, the User has to fulfill all the terms set out by the Customer in the offer description and undergo automatic check by Promoty. If the automatic check passes and Promoty registers the offers as completed then the Customer will have a predefined time, defined by the Customer in the offer description, to check if the offer matches all the terms required. If there are no petitions or change requests within that period, the offer will become claimed by the User and the contract between the User and the Customer will be complete. Offer payment will be paid out from Mangopay right after the Customer has paid it to Promoty’s partner Mangopay and the user has requested a payout from Mangopay.
- Candidacy – There is a possibility that a user might present media that has not been directly ordered by a Customer with the goal to impress the Customer and win an Offer at any point in time even if a Marketing Campaign is not running. The Customer has no obligation to grant these offers to the user but in the case they wish to do so they can grant the offer to the user by confirming the candidacy by paying the total transaction payment displayed. After an offer has been granted it will be processed the same way as offers in Marketing Campaigns.
- Candidacy submission – The media that is submitted by the user to a customer in the case of a candidacy.
- Identity Verification – Know-your-customer process provided by Mangopay. Legal documents uploaded through the platform never touch Promoty servers and are handled by Mangopay according to Mangopay terms and conditions.
- Mangopay – Payment and compliance gateway used by Promoty. By agreeing to these terms and conditions you also agree to Mangopay’s terms and conditions seen HERE.
- Contract – Contract between the User and the Customer which will be signed and completed according to the terms listed in these Terms and Conditions. The terms and conditions and this contract are connected to each other in full extent.
- Web platform – Web page promoty.eu and all it’s functionality in all subdomains and subdirectories.
- Promoty Credit – Digital representation of the user’s and customer’s balances kept on the user’s and customer’s Mangopay wallets.
- Promoty gift credits – A type of credit that can be issued by Promoty that can be used to pay the Promoty fee only. For example, if 50€ of Promoty gift credits are granted and there are two offers that it will be applied to, one with a payour of 8€ with a fee of 2€ and another product offer with a payout of 0€ and a fee of 10€ then the total cost would be only 8€ and 12€ of Promoty gift credits will be used with a remaining balance of 38€ gift credits. If Promtoy gift credits are not used then the total cost would be 20€. The aim of this measure is to provide discounts to customers and users.
- Terms and conditions – Terms of using this web platform, which are compulsory to all users and customers accessing the web platform.
Goal of these Terms and conditions
- The goal of these Terms and conditions is to regulate the communication and logistics of the User and Customer of the Promoty marketplace and the licensing of the Promoty marketplace. Customers pay for services through our payment processor Mangopay and Mangopay pays out to the respective Users as per completed offers and to Promoty for the licensing of the Promoty platform by the customer, the license cost is based on the sizes of the transactions as defined (Promoty fee and subscription fee) in these terms and conditions.
Signing of the contract
- The Customer creates a marketing campaign and identifies predefined or non-predefined Users who will receive an Offer.
- The User will show interest in the offer, after reading the campaign terms set out by the Customer, by clicking the intended button to show interest and/or propose their creative idea. This indicates a willingness to step into a contract with the Customer. Creating a candidacy submission also indicates willingness to step into a contract with the Customer.
- The contract is considered signed when the Customer has confirmed the created content in Promoty by reserving Promoty credit for the content created by the User.
- Customers publish marketing campaigns and sign contracts through the web platform independently and on their own responsibility and free will, are aware of the risks of publishing marketing campaigns and signing contracts, rights and duties. Customers and Users are fully responsible for filling out the contracts on their own between each other.
Duties and Rights of the contract
- The Customer and the User have the right to use the Promoty platform in accordance with the Terms and Conditions.
- The Customer and User have the duty to follow all laws regarding the use of the web platform, either local or international, intellectual property laws and the good will principle. The web platform cannot be used for illegal activities.
- The Customer and Promoty has the full usage rights for any commercial or non commercial reason to all the content created by Users in marketing campaigns in social media that the Customer has created and paid for.
- The User has to give access to the media produced in the marketing campaign to the Customer and Promoty upon request. In the case where the User cannot for technical or any reason provide the content to Promoty or the Customer, then Promoty has the right to fine the User in the sum of the respective Offer payment from future marketing campaigns.
- If the Customer wishes to use the content created outside of social media, special permission can be acquired directly from the User.
- Customer and User are responsible for giving accurate information to Promoty and Mangopay.
- The User has the right to cancel an Offer before it is completed thus forfeiting the Offer payment.
- The User has to remove the created content from their social media channels upon the request of the Customer or Promoty.
- The Customer does not have an obligation to purchase content uploaded if that is their decision.
- The Customer has the right to request changes from the User at any time before the contract has been completed.
- Promoty will reserve the right to decide which campaigns are appropriate to conduct and may obstruct such campaigns from being published.
- Promoty will reserve the right to decide which content is appropriate to present to the Customer and may reject such content being uploaded to Promoty.
Promoty marketing campaign marketplace service description
- Customer creates a marketing campaign brief on the web platform with the desired terms and target audience.
- If a Customer pays on Promoty, then the recipient will be Mangopay in the case where the User will be paid an Offer payment. In such a case the money will be stored on Mangopay according to Mangopay terms and conditions and the payout will be made to users who have gone through the Mangopay KYC process. The User will generate earnings as a result and is responsible for declaring all earnings according to local law (in Estonia according to KMS § 11 lg 1). Promoty is not responsible for the declaration of User earnings to tax agencies in other countries on the User’s behalf. Promoty’s revenue is the Promoty fee for licensing the software to the customer plus VAT on that fee.
- If a Customer pays on Promoty for a license where there is no Offer payment for the user, then the recipient may also be Promoty Marketing OÜ and VAT of 20% will be charged on the full service if applicable.
- Customer can pay for offers in a marketing campaign using the means and methods described in Purchase Terms.
- The offers are sent to Users defined in the campaign brief.
- The Users will complete the offers according to the brief and the respective Offer payment will be registered in their Mangopay wallet paid by the Customer.
- Mangopay will pay out to the User when all Mangopay terms are met and Mangopay receives the payment time from Promoty.
- Promoty defines the time of the payout to the Users.
- Promoty gets the Promoty software usage licence fee for every completed offer.
- The content created in a campaign must be kept on the User’s social media channels until the time specified in the Offer brief of the campaign at minimum, otherwise, the contract between the User and the Customer is broken.
- Customer cannot use Promoty to do marketing for Promoty’s competitors, Promoty will reserve the right to decide who is Promoty’s competitor.
- The content created by the User has to be owned and created by the User. The User is not allowed to submit 3rd party content without prior approval from the original owner.
- Both the Customer and the User agree that they won’t try to discuss or negotiate other terms outside of Promoty during the campaign, unless it is related to transport of goods or products related in the marketing campaign. Failing to comply with this point will incur a fine of 100€ for every incident and/or the removal of the Customer or User from the platform.
- The user may be paid in two ways: monetary and goods/services.
- Monetary payouts are handled by our partner Mangopay.
- Users under 18 years of age are not able to get monetary payouts but they can collect their Offer payments on their Mangopay wallet and receive the payout once they turn 18 and fill all terms required by Mangopay. They are able to receive goods/services.
- Users under 18 years of age can add a legal guardian to their account and if the legal guardian completes Identity Verification, then they are able to receive the earnings of that User.
- Goods/services payouts are handled by the Customer, Promoty provides shipping details.
- Promoty has the right to expire unclaimed payments after 1 year of no activity and failure to complete the Mangopay KYC process. Unless the user is under 18 years old.
- Payout time and the currency are defined by Promoty. The default currency is Euro (€).
- The Content Creator is responsible for the income and other taxes that they have to declare. The Content Creator agrees to take all tax responsibility.
End of contract
- The contract ends after the marketing campaign ends and the Offer payment has been conducted.
- If a Customer or a User deletes their account on Promoty then the remaining credit will be refunded, if refund is not possible within 1 month due to failed KYC, no contact or any other reason Promoty will claim the credit as revenue. If the closing of the account is related to breaking terms and conditions, no refund will be made.
- Promoty has the one-sided right to end the contract if the User or the Customer does not follow the terms and conditions.
- The Customer and the User have no right to use or replicate Promoty trademarks, logos, design solutions, technical solutions or other media covered by author rights, or to use or replicate similar elements whose rights belong to 3rd parties and are displayed on the Promoty web platform and website.
- No automated crawlers/robots or data mining on the web platform is allowed unless you have an explicit written consent from the management of Promoty.
- Promoty is not responsible for any economical, physical, mental or reputational damage that might occur regarding Customers or Users. Promoty is not responsible for the accuracy or validity of the information provided by the Customers or Users.
- However falsifying user account statistics with the intent to fraud Customers is considered cyber crime and will be reported accordingly if detected with a high degree of certainty.
- The Customer and User are obliged to maintain and use the web platform as it is intended with good will.
- Promoty is meant for over 13 year old Users (included). Promoty does not take responsibility for the actions of Users under the age of 13 who may have gained access to the platform through presenting false information.
- Where the User is below the age of 18 years, may use the web platform only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child by sending a signed letter of consent to email@example.com. Adding a legal guardian to the account and completing Identity verification also counts as consent.
- The User is responsible for the content created in an offer.
- The Customer is responsible for the contents of the marketing campaign. The marketing campaign has to be in compliance with local marketing and advertising laws, it is the Customers responsibility to verify regardless if Promoty accepts the marketing campaign or not. If a fine is issued due to the activity of a Customer, the Customer agrees to pay the fine in full. In the case Promoty is fined as a result of a Customer’s activity, the Customer is contractually fined by breaching these Terms & Conditions in the same amount as the fine issued to Promoty.
- Promoty is not responsible for the content created in marketing campaigns nor the appropriate marking of such content, the User is responsible for marking the content in accordance to local laws (in addition in any social media, content has to be marked with hashtag #ad or “paid partnership with ‘brand name’ ” ), because Promoty is created for communication between the User and the Customer and does not take part in the content creation or posting process nor is Promoty a part of the contract made between the User and the Customer. If a User or a Customer is fined for breaking content marking laws, they are obliged to pay the fine in full and if Promoty is fined as a result of a User’s or Customer’s activity, the User or the Customer will be contractually fined for the same amount as the fine issued to Promoty.
- Promoty has the right to use and present all data and statistics (including spend) in marketing campaigns for marketing and sales processes.
- Promoty web platform has the ability to display links, Promoty is not responsible for the content referred to in the links.
- In the case a Customer creates a marketing campaign and does not pay for the offers that have been completed, then the Customer is responsible for the User not receiving a payout and/or delays caused in payouts.
- The law of the Republic of Estonia will apply to this contract.
- Any dispute arising from this contract will be solved through discussions between the parties. If discussions can not produce a result, then respective parties can turn to the Harju Maakohtu (Harju Court) in Estonia. All disputes will be solved according to the law of the Republic of Estonia.
- Promoty has the one sided right to suspend any User or Customer account without prior notice or explanation if the Customer or User has violated Terms of Service, is a threat to the availability, integrity or security of the web platform.
- If any of the points in the Terms of Conditions become not applicable or enforceable then the rest of the points are still legally binding.
- Customer’s or User’s comments and suggestions about Promotys quality and improvement are welcome, please write to us at firstname.lastname@example.org.