These Terms of Service ("Terms") form a binding agreement between Limited Liability Company "Tvoya Kartina" (ООО «Твоя картина»), registration number (УНП) 491572045, registered at Minsk, Republic of Belarus ("VotePromotion", "we", "us"), and you ("Client", "you") regarding your use of the website votepromotion.store and our services.
By using our website or engaging us for any service, you confirm that you have read, understood, and agreed to these Terms.
1. Definitions
- "Services" means digital marketing services described on our website, including paid advertising, content production, community outreach, email marketing, and strategy consulting.
- "Contest" means any online voting, polling, judging, or competition platform organized by a third party in which the Client has entered.
- "Ad budget" means money paid by the Client (directly or via us) to third-party advertising platforms such as Meta, Google, or TikTok for the purchase of advertising inventory.
- "Agency fee" means our remuneration for performing the Services, separate from any Ad budget.
2. Nature of the services
We provide marketing and advertising services. We do not:
- vote on your behalf in any contest;
- create user accounts on any contest platform;
- use bots, automated scripts, fake profiles, click farms, or any artificial means to inflate engagement or votes;
- interact with contest platforms in a way that violates their terms of service;
- guarantee any specific contest outcome, vote count, or ranking.
Our role is limited to legitimate marketing — paid advertising bought through official ad platforms, original content production, and consent-based outreach.
3. Client responsibilities
You are responsible for:
- Reviewing the rules of the Contest you have entered and confirming that organic, third-party promotion is permitted.
- Providing accurate information about yourself, your business, and the Contest.
- Owning or having all necessary rights to any materials (text, images, video, brand assets) you provide to us for use in campaigns.
- Complying with all applicable laws, including advertising laws of your jurisdiction.
- Paying invoices on time.
4. Engagement, proposals, and contracts
Each engagement begins with a discovery call, after which we issue a written proposal. If you accept the proposal, a separate written services agreement (or signed acceptance of the proposal) governs the specific engagement, supplementing these Terms. In case of conflict, the signed services agreement prevails.
5. Fees and payment
5.1. Agency fees and Ad budgets are itemized separately on every invoice.
5.2. Standard payment schedule: 50% of the Agency fee plus 100% of the initial Ad budget is due before the campaign launches. The remaining 50% of the Agency fee is due before the final week of the campaign.
5.3. Accepted payment methods: bank transfer (SWIFT) and credit/debit card via our payment processor. Accepted currencies: USD or EUR.
5.4. Invoices unpaid for more than 14 calendar days may result in suspension of the campaign at our discretion, after one written reminder. Suspension does not relieve the Client of payment obligations already accrued.
5.5. All fees exclude any taxes that may apply in the Client's jurisdiction; such taxes are the Client's responsibility unless we are legally required to collect them.
6. Refunds and cancellation
Our refund terms are set out in a separate document — see the Refund Policy, which forms part of these Terms.
7. Deliverables and revisions
Each plan defines the included number of creatives, channels, and revisions. Additional work beyond the agreed scope is quoted separately and only undertaken after written approval.
8. Intellectual property
8.1. Materials you provide to us remain your property. By providing them you grant us a worldwide, non-exclusive, royalty-free licence to use them for the purpose of delivering the Services.
8.2. Creative materials we produce specifically for your campaign become your property upon full payment of the Agency fee for that engagement.
8.3. Our pre-existing tools, templates, internal methodologies, and reporting infrastructure remain our property and are licensed to you only for the duration of the engagement.
9. Confidentiality
Both parties agree to keep confidential any non-public information shared in the course of the engagement, for a period of three years after termination, except as required by law.
10. Warranties and disclaimers
10.1. We warrant that we will provide the Services with reasonable skill and care.
10.2. We make no representation or warranty that the Client will win the Contest, achieve any specific number of votes, reach a particular ranking, or obtain any other contest-related outcome. The result of any Contest depends on factors outside our control, including the audience's free choices and the Contest organizer's rules and decisions.
10.3. Estimates of audience reach, engagement, and traffic are good-faith projections based on historical data and platform benchmarks, but they are not guarantees.
10.4. Except as set out in these Terms, the Services are provided "as is" to the maximum extent permitted by law.
11. Limitation of liability
11.1. Nothing in these Terms limits any liability that cannot lawfully be limited.
11.2. Subject to clause 11.1, our total aggregate liability arising under or in connection with these Terms is limited to the total Agency fees paid by the Client in the six months preceding the event giving rise to the liability.
11.3. We are not liable for any indirect, incidental, special, or consequential losses, including loss of profit, loss of reputation, or loss of contest outcome.
12. Acceptable use
You agree not to use our Services in connection with:
- contests or competitions that are illegal in any relevant jurisdiction;
- political campaigns or elections;
- gambling, betting, or lottery activities except where fully licensed and permitted;
- content that promotes hatred, violence, discrimination, child exploitation, or self-harm;
- any activity that violates third-party rights, including intellectual property and privacy rights;
- any attempt to manipulate the integrity of a contest platform or its voting mechanism, including via bots, fake accounts, or vote-buying.
We reserve the right to refuse or terminate service at any time if we determine, in good faith, that an engagement violates these acceptable use rules.
13. Termination
Either party may terminate an engagement on written notice if the other party materially breaches these Terms and fails to remedy the breach within 14 days of being notified. We may also terminate immediately if the engagement breaches clause 12 or applicable law. Termination does not affect rights and obligations accrued before termination.
14. Force majeure
Neither party is liable for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, war, civil unrest, government action, sustained internet or platform outages, or pandemics.
15. Governing law and dispute resolution
These Terms are governed by the law of the Republic of Belarus. Any dispute arising from or in connection with these Terms shall be resolved through good-faith negotiation. If negotiation fails, the dispute is subject to the exclusive jurisdiction of the competent courts of the Republic of Belarus, unless mandatory consumer protection law of the Client's country requires otherwise.
16. Changes to these Terms
We may update these Terms from time to time. The current version is always available at this URL. Material changes will be notified to active clients by email and take effect 14 days after notification.
17. Entire agreement
These Terms, together with any signed services agreement, the Privacy Policy, the Refund Policy, and the Cookie Policy, constitute the entire agreement between the parties.
18. Contact
For any legal or contractual matter, contact info@votepromotion.store or write to our registered address.