These Terms of Use set forth the general terms and conditions for the use of services provided by CreateAnAPI, Inc. doing business as PromoLink ("Service Provider"). By accessing or using the PromoLink platform and services, you are subject to the terms set forth here. If you do not agree to these terms, please refrain from using the Services.

Use of Services

Service Provider offers online software-as-a-service ("SaaS") platforms that permit users to create their own e-commerce storefronts, manage products, integrate with suppliers, and use other provided functionalities (collectively, the "Services"). The Services are provided under a subscription model, and access is subject to compliance with these terms.

Account Registration and Responsibility

• Account Registration: Users must register for an account to access the Services. All information provided must be accurate and complete.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for any activity that occurs under their account. Any unauthorized use must be reported immediately.
• Account Termination: Service Provider may suspend or terminate access to the Services if there is a breach of any term or unauthorized use.

User Responsibilities

To use the Services:

• You must be at least 18 years of age or have the legal authority to use the Services.
• You must have the authority to bind your company (if applicable) to these terms.
• You must use the Services in compliance with applicable laws and regulations.
• All information you provide must be accurate, current, and complete.

Use Restrictions

Users shall not:

• Use the Services for any illegal or unauthorized purpose.
• Copy, modify, distribute, or create derivative works of any part of the Services without prior written permission from the Service Provider.
• Use automated tools, bots, or similar means to access the Services without authorization.
• Interfere with or disrupt the integrity or performance of the Services.

Intellectual Property Rights

Service Provider retains all rights, title, and interest in the technology, software, content, and intellectual property that is part of the Services. Users are granted a limited license to use the Services for personal or internal business purposes only.

Customer Data and Privacy

• Data Ownership: Users retain ownership of all data they input into the Services. Service Provider may process and store this data solely for the purposes of providing the Services.
• Privacy Policy: Use of the Services is subject to the Privacy Policy, which explains how personal data is collected, used, and protected.

 Billing Timing, Amounts, and Cancellation

• Billing begins upon the end of any applicable free trial. At that time, you will be charged the applicable setup fee plus a prorated portion of the monthly subscription fee covering the period through the first day of the following month.
• Thereafter, subscription fees are billed in advance on the first day of each month.
• Usage-based fees are calculated based on your actual use of applicable services and may be charged periodically or included in your monthly billing, depending on the service.
• Certain services may operate on a prepaid basis, where customers purchase credits in advance. Usage of these services deducts from the available prepaid balance. Once the balance is depleted, services may be limited or require additional credit purchases.
• Prepaid credits are non-refundable unless otherwise stated.
• You may cancel subscription and usage-based services at any time, unless otherwise specified for a particular service. Upon cancellation, services will remain active through the end of the current billing period. Any fees already charged are non-refundable, and no partial refunds will be issued for unused time.
• Setup fees and other one-time fees are non-cancellable and non-refundable once charged.
• Unless renewed by you, services will terminate at the start of the next billing period following cancellation.

Saved Payment Methods & Authorization

You agree that PromoLink may initiate charges to your saved payment method for:

• monthly subscription fees
• usage-based fees
• one-time purchases (including setup fees)
• any outstanding balances

You authorize PromoLink to initiate one-time or recurring payments on your behalf based on your use of the platform and selected services.   
Charges may occur without additional action from you (“off-session”), including when you are not actively logged into the platform.  
 By providing and saving your payment method, you expressly consent to these billing practices and authorization terms. 

Third-Party Services

The Services may integrate with third-party applications or services ("Third-Party Services"). Service Provider makes no warranties regarding the availability or performance of such Third-Party Services, and use of these services is at the user's own risk.

Modifications to the Services

Service Provider reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Service Provider shall not be liable to users or any third party for any modification, suspension, or discontinuation of the Services.

Limitation of Liability

To the maximum extent permitted by applicable law, Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Services. In no event shall the total liability of the Service Provider exceed the amount paid by the user for the Services during the twelve (12) months preceding the claim.

Dispute Resolution

Any dispute arising out of or related to these terms shall be resolved by binding arbitration administered by the American Arbitration Association, in accordance with its commercial arbitration rules.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to its conflict of law principles.

Indemnification

Users agree to indemnify, defend, and hold harmless Service Provider, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from their use of the Services or breach of these terms.

Miscellaneous

• Entire Understanding: These Terms of Use constitute the entire understanding between users and the Service Provider regarding the use of the Services.
• Amendments: Service Provider may modify these Terms of Use from time to time. Continued use of the Services following such modifications constitutes acceptance of the changes.
• Assignment: Users may not assign their rights or obligations under these terms without the prior written consent of the Service Provider.

Contact Information

For questions or concerns regarding these Terms of Use, users may contact the Service Provider at info@createanapi.com.

By using the Services, users acknowledge these terms.