PROMO-CHATS

Terms of Service

Last updated: April 2026

1. Acceptance of Terms

By accessing or using Promo-Chats ("the Platform", "the Service"), whether as a registered client, curator, or visitor, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use the Service.

2. Description of Service

Promo-Chats is a software platform that enables music professionals to manage and distribute promotional content to curators (DJs, radio hosts, journalists, labels, and other music industry contacts) via multiple communication channels including email, WhatsApp, Instagram, Telegram, TikTok, Facebook, and X/Twitter. The Platform provides tools for campaign creation, contact management, file hosting, and engagement tracking.

3. User Accounts and Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use this Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate and complete information when creating your account and keep it up to date.

4. Acceptable Use

You agree to use the Platform exclusively for legitimate music promotion purposes. You must not use the Service to: (a) send unsolicited messages (spam) to individuals who have not consented to receive communications from you; (b) distribute content that is unlawful, defamatory, threatening, harassing, obscene, or otherwise objectionable; (c) impersonate any person or entity or misrepresent your affiliation; (d) violate any applicable local, national, or international law or regulation, including but not limited to anti-spam legislation (CAN-SPAM, GDPR, ePrivacy Directive); (e) harvest, collect, or store personal data of third parties without their explicit consent; (f) distribute malware, viruses, or any other harmful technology; (g) interfere with the proper operation of the Platform or any other user's use of it; (h) attempt to gain unauthorized access to any portion of the Platform or any systems connected to it.

5. User Content and Responsibility

You retain ownership of all content you upload, create, or distribute through the Platform, including audio files, artwork, press materials, and promotional messages ("User Content"). You are solely and exclusively responsible for all User Content and all communications sent through the Platform. You represent and warrant that you have all necessary rights, licenses, and permissions to use and distribute your User Content, and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

6. Disclaimer of Liability

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROMO-CHATS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, "THE COMPANY") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR USE OF OR INABILITY TO USE THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY CONTENT OR COMMUNICATIONS SENT THROUGH THE SERVICE BY ANY USER OR THIRD PARTY; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICE. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Misuse and User Conduct

Promo-Chats is a neutral technology platform. The Company does not control, endorse, or assume any responsibility for the content, accuracy, or legality of communications sent by users through the Platform. Each user is independently and solely responsible for ensuring that their use of the Platform complies with all applicable laws and regulations, including data protection and electronic communications laws. The Company shall not be held liable for any misuse of the Platform by any user, including but not limited to: sending unsolicited communications, copyright infringement, harassment, distribution of unauthorized content, or any violation of third-party rights. Any such misuse is a direct violation of these Terms and may result in immediate termination of the user's account without refund.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any rights of any third party. This indemnification obligation survives the termination of these Terms and your use of the Service.

10. Intellectual Property

The Platform, including its design, code, branding, logos, and documentation, is the exclusive property of the Company and is protected by intellectual property laws. You may not reproduce, modify, distribute, or create derivative works based on any part of the Platform without prior written consent. "Promo-Chats" and associated branding are trademarks of the Company.

11. Third-Party Services and Your Own Accounts

The Platform provides tools that allow you to connect and use your own personal or business accounts on third-party services including but not limited to WhatsApp, Instagram, Facebook, TikTok, X/Twitter, and Telegram. IMPORTANT: When connecting a social media channel, you are linking your own account. Promo-Chats does not own, operate, or control any social media account on your behalf. You are solely and exclusively responsible for: (a) The accounts you choose to connect to the Platform; (b) Ensuring your use of each connected account complies with the respective platform's terms of service, community guidelines, and applicable laws; (c) Any consequences arising from the use of your connected accounts, including but not limited to account suspension, restriction, or termination by the third-party provider; (d) The content and frequency of messages sent through your connected accounts. Promo-Chats acts exclusively as a technical tool that facilitates sending messages from your own accounts at your instruction. The Company does not initiate, control, or assume responsibility for any communication sent through your connected accounts. The Company is not responsible for the availability, functionality, or policies of any third-party service, and does not guarantee the delivery of messages through any channel.

12. Fees and Payments

Certain features of the Service require payment. All fees are stated in euros (EUR) and are non-refundable unless otherwise specified. The Company reserves the right to modify pricing with 30 days' prior notice. Failure to pay applicable fees may result in suspension or termination of your account.

13. Data Protection

Users who upload contact data to the Platform act as data controllers under the GDPR. The Company acts as a data processor on behalf of the user. Users are responsible for ensuring they have lawful basis (such as consent) to process the personal data of their contacts. The Company processes user data in accordance with its Privacy Policy, available at /privacy.

14. Termination

The Company reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that the Company believes violates these Terms or is harmful to the Platform, other users, or third parties. Upon termination, your right to use the Service ceases immediately. The Company may delete your account data within 30 days of termination. Sections 6, 7, 8, 9, and 10 survive termination.

15. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Your continued use of the Service after any modification constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service, and supersede all prior agreements, communications, and understandings, whether oral or written.

19. Contact

For questions regarding these Terms of Service, contact: legal@promo-chats.com