Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website promobeez.com and any related services, applications, accounts, and communications (collectively, the "Service") operated by Daring Spirit Oy, a limited liability company incorporated in Finland, with its registered office in Helsinki, Finland ("Promobeez", "we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Nature of the Service — Information Service Only

• We do not act as an agent, broker, employer, marketing agency, advertising intermediary, or representative of any user.
• We do not negotiate, conclude, execute, supervise, guarantee, or enforce any deal, barter exchange, or collaboration between users. The automated collaboration detection described in Section 4A is informational and is not supervision.
• We do not handle, hold, or transfer any money, goods, products, services, or other consideration exchanged between users.
• Any interaction, agreement, or exchange between a business and a creator is made solely between those parties, at their own risk and responsibility.

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. By using the Service you represent and warrant that you meet these requirements and that all information you provide is accurate and truthful.

3. No Warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, availability, or non-infringement. In particular, we do not warrant or verify:

• the identity, qualifications, reliability, or conduct of any user;
• the accuracy of follower counts, engagement metrics, audience data, or any other information provided by users or derived from third-party platforms;
• the quality, safety, legality, or outcome of any collaboration or barter exchange between users;
• that the Service will be uninterrupted, secure, or error-free.

4. Creator Data, Analytics and Scores

This applies to every figure, label, score, and ordering we display about a creator, including but not limited to: follower and subscriber counts; reach and impressions; engagement rate; audience location and the share of a local audience; audience quality; content topics, tone and register; posting frequency; historical trends; detected collaborations and the number of them; compatibility, “fit” or match percentages; and any aggregate score or ranking derived from them.

• Source. Creator data is either (a) entered or declared by the creator, or (b) estimated by us from content published publicly on third-party platforms. We do not access private platform analytics and we do not require creators to prove their figures.
• Accuracy. Estimates may be incomplete, out of date, or wrong. Public data is partial by nature, third-party platforms change what they expose without notice, and creators may update their own information at any time.
• Scores and ranking. Any score, rating, or ordering is our own estimate produced from the parameters above. It expresses a modelled likelihood of fit, not a promise of reach, engagement, footfall, sales, or any other outcome. A higher score does not guarantee a better result.
• Not advice. Creator data is not advertising, marketing, commercial, financial, legal, or tax advice, and is not a recommendation to enter into any collaboration.

Verification is the business’s responsibility. A business that intends to rely on any creator figure must obtain that information as primary data directly from the creator before committing — for example by requesting platform analytics screenshots or exports, temporary insight access, a media kit, or references. Promobeez does not carry out this verification and is under no obligation to do so. Fees paid to Promobeez relate solely to access to the platform and to contact details, never to the accuracy of any figure or to the outcome of any collaboration.

To the fullest extent permitted by applicable law, Promobeez accepts no liability for any decision taken in reliance on creator data, including the selection or rejection of a creator, the decision to unlock a contact, the terms agreed in a barter arrangement, or the commercial result of any campaign or collaboration. A business uses the Service in the course of its trade or profession and bears its own commercial risk.

Creators are responsible for the accuracy of the information they submit about themselves and must not misrepresent their audience, reach, or engagement. Submitting materially false audience data is a breach of these Terms and may lead to removal of the profile.

Where a business obtains a creator’s contact details through the Service, that business becomes an independent controller of that personal data under Regulation (EU) 2016/679 (GDPR) and is responsible for its own compliance, including informing the creator and honouring the creator’s rights. Our own processing is described in our Privacy Policy.

Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited, including liability for intentional misconduct or gross negligence, and nothing in it restricts the mandatory rights of a user who is a consumer under the Finnish Consumer Protection Act (kuluttajansuojalaki 38/1978) or under other mandatory Finnish or EU consumer legislation.

4A. Collaboration Detection and Tracking

To show users the results of introductions made through the Service, we may automatically detect when a business and a creator who connected through the Service appear to have collaborated — for example, when the creator publicly publishes content that tags, mentions, or geolocates the business. We may record a detected collaboration, link it to the profiles concerned, and monitor the publicly available metrics of the related content (such as views, likes, and comments) for a limited period after publication. We may display detected collaborations and the number of them within the Service.

• Public content only. Detection relies solely on content that users have made public on third-party platforms. We do not access private messages, private accounts, or private platform analytics.
• Indicative only. Detection is automated and may miss collaborations or identify them incorrectly, for example where a creator mentions a business without any arrangement between them. A detected collaboration, and any count of detected collaborations wherever it is displayed, is subject to the same limitations as creator data under Section 4. A count is not a measure of the popularity, quality, or results of any offer, business, or creator.
• No inference about consideration. A detected collaboration records only that related public content appears to exist. It is not a statement by Promobeez that any agreement was concluded, that any goods, services, money, or other consideration was exchanged, or of the value of any such consideration.
• Not supervision. Detection and tracking do not make Promobeez a party to any collaboration and do not mean that we supervise, verify, approve, or guarantee it, its compliance with advertising-disclosure or other rules, or its results. Section 1 continues to apply in full.
• Corrections. A business or creator may ask us to unlink or remove a detected collaboration by emailing team@promobeez.com. How we process this data is described in our Privacy Policy.

5. User Responsibilities

You are solely responsible for:

• all content and information you submit to the Service;
• evaluating and verifying any other user before entering into any arrangement with them;
• the negotiation, performance, and consequences of any deal or exchange you enter into;
• complying with all applicable laws, including consumer-protection, advertising-disclosure (e.g. marking sponsored content), tax, and platform rules (Instagram, TikTok, Facebook, X, Threads, etc.);
• reporting and paying any taxes arising from barter exchanges or other benefits you receive.

You agree not to use the Service for any unlawful, fraudulent, or misleading purpose, and not to submit content that infringes third-party rights.

6. Third-Party Platforms

The Service references and interoperates with third-party social media platforms. We are not affiliated with, endorsed by, or responsible for Instagram, TikTok, Facebook, X, Threads, or any other third-party platform, and we bear no responsibility for their content, policies, or actions, including account suspensions or content removal. Likewise, the appearance of any business, brand, or trade mark on the Service or in our promotional content does not mean that its owner is affiliated with, endorses, or has a partnership with Promobeez (see Section 11A).

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Promobeez, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with the Service or any interaction between users;
• we shall not be liable for any dispute, damage, loss, injury, or claim arising from or relating to any collaboration, barter exchange, meeting, communication, or transaction between users, whether initiated through the Service or otherwise;
• our total aggregate liability for any claims arising out of or relating to the Service shall not exceed the total amount of fees you have paid to us in the twelve (12) months preceding the claim, or EUR 100, whichever is lower.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory provisions of applicable law (e.g. liability for intentional misconduct or gross negligence under Finnish law).

8. Indemnification

You agree to indemnify and hold harmless Promobeez from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) any content you submit, including any claim that it infringes a trade mark, copyright, or other right of a third party; (d) any interaction, agreement, or dispute between you and another user or third party; or (e) any lack of authority to act for a business, or any missing approval from a brand owner, franchisor, or master franchisee, as further set out in Section 11A.

9. Disputes Between Users

Any dispute between users must be resolved directly between the parties involved. We have no obligation to mediate, investigate, or resolve such disputes, although we may, at our sole discretion, remove content or suspend accounts connected to a dispute.

10. Accounts and Termination

Creating an account does not guarantee access to every feature of the Service. We may modify, suspend, restrict, or discontinue the Service (in whole or in part), or refuse, suspend, or terminate any account, at any time, at our sole discretion, without liability.

You may stop using the Service at any time and may request deletion of your profile and personal data as described in our Privacy Policy.

11. Promotional Use of Offers

When a business publishes an offer on the Service, the business grants Promobeez permission to promote that offer on Promobeez's own social media channels (including Instagram, TikTok, Facebook, X, Threads, and similar platforms).

• We may create and publish promotional posts, stories, reels, or similar content based on the information the business submitted with the offer (such as title, description, location, offer type, images, and brand or venue name).
• Unless brand anonymity is enabled for the offer, we may refer to the business or venue by name and use other identifying details from the offer.
• If brand anonymity is enabled for an offer, we will still promote it but will not name or otherwise identify the business or venue in such promotional content.
• Promotional visuals, layout, and creative treatment may differ from any images or materials the business submitted — we are not required to reproduce them as provided.
• We are not required to obtain prior approval from the business or to coordinate promotional content with the business before publishing.
• We may display, alongside an offer or a business, the number of collaborations detected in connection with it under Section 4A. Other users see the count as a number only, without the names of the creators involved; the detected collaborations themselves are visible only to the business concerned in its own account.

By publishing an offer, the business confirms that the submitted information is accurate and that it has the right for Promobeez to use it for this purpose, as further set out in Section 11A.

11A. Responsibility for Business Accounts and Offers

Each time an individual (the “Representative”) creates or manages a business account, or publishes, edits, or renews an offer, the Representative, in their own name and on behalf of the business named in the account or offer, represents and warrants that:

• Authority. the Representative is authorised to act for, and to legally bind, the business, including to accept these Terms for it;
• Identity. the name of the business, its legal entity, its Business ID (Y-tunnus) or equivalent registration number, the venue or location concerned, and the Representative’s own name and role are accurate and complete;
• Brand rights. the business owns or is licensed to use every name, trade mark, logo, trade dress, image, text, and other material submitted with the account or offer, and is entitled to let Promobeez use them as described in Sections 11 and 12;
• Franchises, licences and chains. in addition, where the business operates under a franchise, licence, or distribution agreement, or as a location of a chain or group, every approval required from the brand owner, franchisor, master franchisee, head office, or any other rights holder for the offer, for its promotion by Promobeez, and for the use of the brand has been obtained in writing before publication, and the offer complies with that party’s brand, marketing, and pricing rules;
• Lawfulness. the offer and its performance comply with applicable law, including consumer-protection, advertising, and alcohol or age-restricted-goods rules.

Offers are made by the specific business only. An offer is made solely by the business entity and location that published it. It is not an offer, endorsement, or partnership of any brand owner, franchisor, master franchisee, or other location of the same chain, and nothing on the Service or in our promotional content means that Promobeez is affiliated with, sponsored by, or a partner of any brand. The Representative must not describe an offer, in the Service or elsewhere, as a partnership between Promobeez and a brand as a whole. We may identify an offer as coming from the specific venue or location (for example, “Offer from [Brand] [location]”) rather than from the brand.

Liability of the Representative and the business. To the fullest extent permitted by applicable law:

• the Representative is personally responsible for the account, for every offer and all content published from it, and for the accuracy of the warranties in this Section, and is the party answerable for any claim relating to them, whether or not the business named also bears responsibility;
• where the Representative was authorised by the business, the Representative and the business are jointly and severally liable, and Promobeez may address any claim to either or both of them;
• if the Representative was not in fact authorised to act for the named business, or had no right to use its name or brand, the Representative alone is personally liable under these Terms as if they were the business, including under Section 8, without prejudice to their liability under the Finnish Contracts Act (laki varallisuusoikeudellisista oikeustoimista 228/1929) and other applicable law;
• everything published from an account is treated as published by its holder, who remains responsible for it even where another person used the account, unless the holder notified us of unauthorised access before the publication;
• the Representative and the business shall indemnify and hold harmless Promobeez, its directors, employees, and agents from and against all claims, demands, and proceedings brought by any brand owner, franchisor, master franchisee, rights holder, authority, creator, consumer, or other third party arising out of or related to the account, the offer, its promotion by Promobeez in reliance on the information submitted, or any breach of this Section, together with all resulting damages, settlements, fines, and costs, including reasonable legal fees and the costs of removing or correcting promotional content;
• the limitations of liability in Section 7 apply only to Promobeez’s liability and do not limit the liability of a Representative or business under this Section.

Verification and removal. Promobeez has no obligation to verify any warranty in this Section, and any check we choose to make does not transfer responsibility to us. At any time, before or after publication, we may ask for evidence such as the Business ID, proof of the Representative’s role, or written approval from a brand owner, franchisor, or master franchisee. If the evidence is not provided promptly, or if a brand owner or other rights holder objects, we may, at our sole discretion and without liability, withhold, unpublish, or remove the offer and any related promotional content and suspend or terminate the account.

Rights holders. A brand owner, franchisor, master franchisee, or other rights holder who believes that an offer or promotional content uses its brand without authorisation may notify us at team@promobeez.com, identifying the content concerned and the rights relied on. We will review the notice and may remove the content while we do so.

This Section applies to businesses and Representatives acting in the course of their trade, business, or profession. It does not restrict any mandatory rights of a consumer.

12. Intellectual Property

The Service, including its design, branding, logo, texts, and software, is owned by or licensed to Daring Spirit Oy and protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. You retain rights to content you submit, and you grant us a non-exclusive, worldwide, royalty-free licence to host, display, and process such content for the purpose of operating the Service.

13. Fees

Certain features of the Service may be offered against a fee. Applicable prices will be communicated before purchase. Fees relate solely to access to information and platform features — never to any outcome of user collaborations.

14. Changes to These Terms

We may update these Terms from time to time. The current version is always available on this page with the "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Finland, excluding its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service shall be settled in the District Court of Helsinki, Finland, unless mandatory consumer-protection law provides otherwise.

16. Contact

Daring Spirit Oy · Helsinki, Finland
Email: team@promobeez.com