Terms of Service

1. Agreement to Terms

Welcome to promote.sh ("Company," "we," "our," "us"), operated by DOTVIDEO LLC. These Terms of Service ("Terms") govern your access to and use of the promote.sh platform, including our website, mobile applications, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

3. Account Registration

3.1 Account Types

promote.sh offers two types of accounts:

• Brand Accounts: For businesses and organizations looking to collaborate with content creators
• Creator Accounts: For content creators seeking brand partnerships and campaign opportunities

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Immediately notify us of any unauthorized use of your account

4. Platform Services

4.1 Platform Role

promote.sh acts as an intermediary platform connecting brands with content creators. We facilitate the discovery, communication, and transaction process but are not a party to the agreements between brands and creators. We do not create, review, or control the campaigns, content, or services provided by users.

4.2 For Brands

Brands may use the Service to:

• Create and manage marketing campaigns
• Discover and connect with content creators
• Review creator applications and submissions
• Manage payments and campaign budgets
• Communicate with creators through our messaging system

4.3 For Creators

Creators may use the Service to:

• Discover available campaigns
• Apply to participate in brand campaigns
• Submit content for brand review
• Receive payments for approved work
• Communicate with brands through our messaging system

5. Fees and Payments

5.1 Platform Fees

• Brand Fee: 10% service fee applied to all campaign budget deposits
• Creator Fee: 5% service fee deducted from creator withdrawals

5.2 Payment Processing

All payments are processed through Stripe Connect, our third-party payment processor. By using the Service, you agree to be bound by Stripe's Services Agreement and applicable terms. We do not store your complete payment card information. Stripe Connect automatically handles tax documentation (including 1099-K forms and W-9 collection) for creators as required by law.

5.3 Campaign Payments

Brands must allocate sufficient budget to their campaign wallet before campaigns can be published. Campaign funds are held in the campaign budget and are not debited from the brand's wallet until:

• The brand explicitly approves a creator's submission, OR
• Three (3) days pass after submission without the brand flagging or rejecting it (automatic approval)

If a submission is rejected before automatic approval, no funds are transferred and the budget remains available in the campaign wallet.

5.4 Creator Earnings

Creator earnings become available for withdrawal 7 days after submission approval (whether explicit or automatic). The minimum withdrawal amount is $25.00 USD. Withdrawals are subject to our verification and fraud prevention procedures.

5.5 Refunds and Cancellations

Campaign cancellations and refunds are subject to the following:

• Brands may cancel campaigns at any time
• Funds allocated to approved submissions (explicitly or automatically) are non-refundable and will be paid to creators
• Funds allocated to pending submissions (within the 3-day review period) may be recovered if the brand rejects the submission
• Unused campaign budget may be returned to the brand's wallet
• Platform fees on deposited funds are non-refundable

5.6 Taxes

You are responsible for determining and paying all applicable taxes related to your use of the Service. Stripe Connect will automatically collect required tax documentation (W-9 forms for US creators) and issue tax forms (1099-K) for US creators who earn $600 or more per calendar year, as required by IRS regulations.

6. Content Ownership and License

6.1 Creator Content Ownership

Creators retain full ownership of all content they create and submit through the Service. By default, submitting content to a campaign does NOT grant any rights to the brand unless explicitly specified in the campaign requirements.

6.2 Content Usage Rights

Brands must specify in their campaign requirements what rights they are requesting, which may include:

• License type (exclusive or non-exclusive)
• Duration of usage rights
• Permitted platforms and media
• Geographic territories
• Permitted modifications or derivative works

By submitting content to a campaign, creators grant the brand ONLY the rights explicitly stated in that campaign's requirements. If no rights are specified, the brand receives no license to use the creator's content.

6.3 Platform License

By uploading content to the Service, you grant promote.sh a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purposes of:

• Operating and improving the Service
• Facilitating connections between brands and creators
• Marketing and promoting the Service (only with your explicit permission)

6.4 Brand-Creator Agreements

The specific terms of content usage rights are defined in individual campaign requirements and constitute an agreement between the brand and creator. promote.sh is not a party to these agreements and does not guarantee their enforcement. We recommend that users maintain their own records of agreed-upon terms.

7. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Upload or transmit viruses, malware, or other malicious code
• Engage in fraudulent activities or misrepresent yourself, your affiliations, or your metrics
• Use fake followers, engagement, or artificially inflate metrics
• Harass, abuse, or harm other users
• Spam or send unsolicited communications
• Attempt to circumvent platform fees or payment systems
• Use automated systems (bots, scrapers) to access the Service
• Reverse engineer or attempt to extract source code from the Service
• Create multiple accounts to manipulate the platform
• Engage in any activity that disrupts or interferes with the Service

For detailed guidelines on prohibited behavior, please see our Acceptable Use Policy.

8. Campaign Guidelines

8.1 Brand Responsibilities

Brands must:

• Provide clear, accurate campaign requirements and guidelines
• Clearly specify what content usage rights are being requested
• Maintain adequate budget allocation for active campaigns
• Review creator submissions within 3 days or they will be automatically approved
• Provide constructive feedback when requesting revisions
• Honor agreed-upon payment terms
• Comply with advertising standards and disclosure requirements

8.2 Creator Responsibilities

Creators must:

• Submit original content that meets campaign requirements
• Comply with FTC guidelines and disclose sponsored content appropriately (see Section 8.4 below)
• Deliver content by agreed-upon deadlines
• Obtain necessary rights and permissions for submitted content
• Not submit content that infringes on third-party rights
• Accurately represent their audience metrics and engagement rates
• Not use fake followers or artificially inflated engagement

8.4 FTC Disclosure Requirements

All sponsored content created through promote.sh must comply with Federal Trade Commission (FTC) guidelines. Both creators and brands are responsible for ensuring compliance.

Creators must:

• Clearly and conspicuously disclose any material connection with brands
• Use clear, unambiguous language such as "#ad", "#sponsored", "#paidpartnership", or "Paid partnership with [Brand]"
• Place disclosures where they are easily noticed - disclosures must appear BEFORE the "more" button on platforms like Instagram
• Use platform-provided disclosure tools (e.g., Instagram's "Paid Partnership" tag) in addition to text disclosures
• Ensure disclosures are visible in all formats (images, videos, stories, etc.)
• Not bury disclosures in a long string of hashtags

Brands must:

• Clearly communicate disclosure requirements to creators in campaign briefs
• Review content for proper disclosure before approval
• Not approve content that lacks proper FTC disclosure
• Maintain records of disclosure requirements and creator compliance

Failure to comply with FTC disclosure requirements may result in content rejection, payment withholding, account suspension, and potential legal liability. For detailed FTC guidance, visit ftc.gov/business-guidance.

8.3 Automatic Approval

To ensure creators are compensated promptly, submissions that are not reviewed by brands within 3 days will be automatically approved and payment will be processed. Brands are responsible for reviewing submissions in a timely manner.

9. Disputes Between Users

promote.sh is a platform that connects brands and creators. While we may provide tools for communication and dispute resolution, we are not responsible for disputes between users. You agree that:

• promote.sh is not liable for the quality, accuracy, or legality of campaigns or content
• promote.sh is not responsible for users' failure to fulfill their obligations
• You will resolve disputes directly with other users
• promote.sh may, at its sole discretion, offer mediation assistance but is not obligated to do so
• In cases of disputed submissions, the brand's decision is final after the 3-day review period

10. Intellectual Property

The Service and its original content, features, and functionality are owned by DOTVIDEO LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written permission. For copyright infringement claims, please see our DMCA Policy.

11. Third-Party Services

The Service integrates with third-party services, including but not limited to:

• Social media platforms (TikTok, Instagram, YouTube, Facebook, X/Twitter, LinkedIn)
• Payment processors (Stripe Connect)
• Analytics and monitoring services (Google Analytics)
• Advertising platforms (Google Ads, Meta/Facebook Ads, LinkedIn Ads)

Your use of third-party services is governed by their respective terms and policies. We are not responsible for the practices or content of third-party services.

12. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

13. Termination

13.1 Account Termination by User

You may terminate your account at any time by contacting us at contact@promote.sh. Upon termination:

• You will lose access to the Service
• Pending earnings will be paid out according to our payment schedule
• Active campaigns must be completed or cancelled
• Unused brand wallet funds will be refunded minus applicable fees

13.2 Account Termination by promote.sh

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our policies
• Harms other users or our business interests
• Exposes us or others to legal liability
• Is fraudulent or illegal
• Involves fake followers, engagement manipulation, or metric misrepresentation

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

promote.sh disclaims all warranties, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Uninterrupted, secure, or error-free service
• Accuracy, reliability, or completeness of content
• Quality or suitability of creator content or brand campaigns

promote.sh is a platform that facilitates connections between brands and creators. We do not guarantee:

• The quality, legality, or performance of services provided by users
• That campaigns will meet brand objectives
• That creators will receive campaign opportunities
• The accuracy of user-provided metrics or information
• That users will fulfill their obligations
• The outcome of disputes between users

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOTVIDEO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Loss of reputation or goodwill
• Cost of substitute services
• Damages arising from disputes between users
• Damages from third-party actions or content

Our total liability to you for all claims arising from or related to the Service shall not exceed the greater of (a) $100 USD or (b) the amount of fees you paid us in the 12 months preceding the claim.

As a platform connecting brands and creators, we are not liable for the actions, content, or services provided by users of the Service. Any issues arising from campaigns, content, or user interactions are the sole responsibility of the parties involved.

16. Indemnification

You agree to defend, indemnify, and hold harmless DOTVIDEO LLC, promote.sh, and their affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you submit to the Service
• Your interactions with other users
• Campaigns you create or participate in
• Disputes between you and other users

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim against promote.sh, you agree to try to resolve the dispute informally by contacting us at contact@promote.sh. We will attempt to resolve disputes in good faith.

17.2 Arbitration (US Residents)

For US residents only: If we cannot resolve a dispute informally, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

The arbitration will be conducted in Casper, Wyoming (or remotely via videoconference), and judgment on the arbitration award may be entered in any court having jurisdiction. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

For non-US residents: This arbitration provision may not apply to you if prohibited by the laws of your jurisdiction. You may have the right to bring disputes in your local courts as provided by applicable consumer protection laws.

17.3 Small Claims Court

Notwithstanding the arbitration provision, either party may bring a claim in small claims court if it qualifies.

17.4 Class Action Waiver

US residents: You agree that any arbitration or proceeding shall be limited to the dispute between you and promote.sh individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Non-US residents: This class action waiver may not be enforceable in your jurisdiction. Nothing in these Terms affects your rights under mandatory consumer protection laws in your country.

18. Governing Law

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

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to the address associated with your account
• Displaying a prominent notice on the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and DOTVIDEO LLC regarding the Service.

22. Contact Information

If you have any questions about these Terms, please contact us at: