Last Updated: October 24, 2024
By accessing and using PWRD's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. We reserve the right to modify these terms at any time without prior notice. Your continued use of our services following any changes constitutes acceptance of those changes.
PWRD provides TikTok marketing services, including but not limited to content posting, video creation, and promotional campaigns. Our services are offered on an "as-is" and "as-available" basis. We make reasonable efforts to deliver quality services, but we do not guarantee any specific outcomes, results, metrics, or performance indicators.
PWRD explicitly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee, warrant, or make any representations regarding:
Performance of content on social media platforms is inherently variable and depends on numerous factors beyond our control, including but not limited to platform algorithms, user behavior, content trends, timing, audience preferences, and competitive landscape.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice or liability. We do not guarantee uninterrupted or error-free service. Third-party platforms, including TikTok, may change their terms, policies, algorithms, or functionality at any time, which may affect our ability to provide services. We are not responsible for any such changes or their impact on your campaigns.
To the fullest extent permitted by applicable law, PWRD, its owners, directors, employees, agents, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless PWRD, its owners, officers, directors, employees, agents, partners, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
You retain ownership of any content, materials, or information you provide to us. By providing content, you grant PWRD a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing our services. You represent and warrant that you own or have the necessary rights, licenses, and permissions for all content you provide, and that such content does not infringe upon any third-party rights.
Our services involve interaction with third-party platforms such as TikTok. We are not affiliated with, endorsed by, or sponsored by these platforms. You acknowledge that:
All payments are processed securely through third-party payment processors. Fees are non-refundable except as required by law. We reserve the right to modify our pricing at any time. In the event of service delivery issues, any refunds or credits provided are at our sole discretion and do not constitute an admission of liability.
We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Reasons for suspension or termination may include, but are not limited to, violation of these terms, fraudulent activity, abusive behavior, or any conduct we deem harmful to our business or other users.
Your use of our services is also governed by our Privacy Policy. We collect, use, and protect your data in accordance with applicable laws. However, we cannot guarantee the security of data transmitted over the internet or stored on our systems. You acknowledge the inherent risks of electronic communication and data storage.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
These Terms of Service shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or our services shall be resolved through binding arbitration in Munich, Germany, rather than in court, except that you may assert claims in small claims court if your claims qualify. You waive any right to a jury trial or to participate in a class action.
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and PWRD regarding the use of our services. These terms supersede any prior agreements, understandings, or representations, whether written or oral.
Our services do not constitute professional marketing, business, legal, financial, or investment advice. You should consult with appropriate professionals before making any business decisions based on information or services we provide.
You must be at least 18 years old or the age of majority in your jurisdiction to use our services. By using our services, you represent and warrant that you meet this age requirement.
If you have any questions about these Terms of Service, please contact us at get@pwrd.live.
By using PWRD's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.