Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Promobia, LLC ("Promobia"), including but not limited to mobile advertising through our digital backpacks, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not use our services.

 

2. User Content

The images used on the Digital Backpacks may not contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the backpack, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful.

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3. Privacy Policy

Promobia is committed to protecting your privacy. Our Privacy Policy outlines the information we collect, how it is used, and how it is shared. By using our services, you acknowledge and agree to the terms of our Privacy Policy.

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4. Payment Processing

We use third party payment processors (each, a “Payment Processor”) to bill you for Promobia’s services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method available on our platform. 

 

5. Cancellation Policy

There is no additional charge for resubmitting an image. However, a $75 cancellation fee (to be deducted from the service cost) is applicable for orders cancelled up to 24 hours before the advertising campaign begins. This fee is to cover upfront costs accrued by Promobia when processing your order. No refunds will be issued for cancellations made within 24 hours of the scheduled advertising campaign appointment. However, we offer the flexibility to reschedule your appointment once, up to 24 hours before the campaign starts, at no additional cost. Please note that any additional requests to reschedule will result in the cancellation of the appointment and will incur a $75 cancellation fee. No refunds will be issued for cancellations made within 24 hours of the scheduled advertising campaign appointment.

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6. Refund Policy

Refunds will be provided in accordance with the following conditions:

• If Promobia is unable to fulfill the advertising services due to technical issues or other unforeseen circumstances, a full refund will be issued.

• A partial refund will be issued for advertising campaigns cancelled by customers up to 24 hours before the scheduled appointment. A $75 cancellation fee will be deducted from the service cost, and the remaining balance will be refunded within 7-10 business days. However, no refunds will be issued for cancellations made within 24 hours of the scheduled advertising campaign appointment.

• No refunds will be issued for cancellations made after the advertising services have commenced.

• Refunds will be processed using the original payment method.

 

7. Inclement Weather Policy

In the event of inclement weather that poses a safety risk to our staff or may hinder the effectiveness of the advertising services, Promobia reserves the right to reschedule or cancel the services. If the services are canceled due to inclement weather, customers will be notified as soon as possible, and reasonable efforts will be made to reschedule the advertising services at a mutually agreeable time.

 

8. Our Rights

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Digital Backpacks and their functionality; (b) we may suspend or discontinue parts or all of the Digital Backpacks; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Digital Backpacks; (d) we may terminate, suspend, restrict or disable your access to our services; and (e) we may change our eligibility criteria to use the Digital Backpacks (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Digital Backpacks in that jurisdiction).

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9. Intellectual Property 

The Digital Backpacks are, as between you and Promobia, owned by Promobia, and are protected by copyright, trade secret, trademark and other US and foreign laws. This Agreement doesn't grant you any right, title or interest in the Digital Backpacks, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Digital Backpacks. You agree not to change, modify, translate or otherwise create derivative works of the Digital Backpacks or others’ User Content.

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10. Limitation of Liability

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Promobia and its affiliates and its officers, employees, and agents be liable with respect to any claims arising out of or related to the Digital Backpacks or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access of the Digital Backpacks, including without limitation interruption of use or cessation or modification of any aspect of the Digital Backpacks; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Digital Backpacks, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Digital Backpacks or third party sites accessed via the Digital Backpacks. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Promobia has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Promobia for all claims arising out of or related to the Digital Backpacks and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Promobia in the twelve (12) months immediately preceding the event that gave rise to such claim.

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11. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Promobia and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Promobia may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or to the extent that the consequences were not reasonably foreseeable.

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12. Changes to Terms of Service

Promobia reserves the right to modify these terms of service at any time. Any changes will be effective immediately upon posting. It is your responsibility to review these terms periodically for changes. Continued use of our services after the posting of changes constitutes acceptance of those changes.

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13. Additional Terms

This Agreement constitutes the entire agreement between you and Promobia and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Digital Backpacks. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and a Promobia that sets forth such third party beneficiary rights to enforce this Agreement).

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Contact Information:

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

Promobia, LLC

6218 Georgia Ave. NW Suite 1-413

Washington, DC 20011

support@promobia.com

 

Thank you for choosing Promobia for your mobile advertising needs!

 

By using the Service, you acknowledge and agree to these Terms. Thank you for using Promobia, LLC's mobile advertising platform.