Terms of Service

1) Acceptance of Terms

By accessing or using the Platform, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform. If you use the Platform on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on its behalf.

2) Eligibility

You must be at least the age of majority in your jurisdiction (or have parental/guardian consent) and capable of forming a binding contract. You may not use the Platform if you are barred under applicable laws or have been previously suspended or removed by Holicay.

3) Account Registration & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use. You agree to provide accurate information and to keep it updated.

4) Plans, Payments & Taxes

Some features or programs may require payment or be subject to revenue‑share arrangements. Prices, fees, payout schedules, and revenue shares may vary by program and region and will be disclosed at the point of purchase or in the program terms presented to you.

You are responsible for applicable taxes, duties, and bank or payment processor fees, unless we explicitly state otherwise. We may use third‑party processors to handle payments and payouts; their terms may apply.

5) Refunds & Cancellations

Unless stated otherwise in a specific offering, all purchases are final and non‑refundable once delivered or accessed. If a refund right is required by law in your region, we will honor it as required. Please review the product page or program terms for any special cancellation or refund rules.

6) Acceptable Use

You agree not to misuse the Platform. Prohibited conduct includes, without limitation:

• Violating applicable laws or infringing third‑party rights;
• Uploading or sharing unlawful, harmful, deceptive, defamatory, obscene, or hateful content;
• Interfering with or disrupting the Platform, including security or access controls;
• Scraping, crawling, or harvesting data without our prior written consent;
• Reverse engineering or attempting to obtain source code except as permitted by law;
• Using the Platform to send spam or unsolicited communications;
• Impersonating any person or entity, or misrepresenting your affiliation.

7) Creator & Promoter Programs

Holicay may offer programs for creators and promoters with revenue‑share opportunities. Program‑specific terms, payout percentages, and eligibility will be provided at enrollment and may be updated from time to time. You must comply with applicable advertising, disclosure, and consumer protection laws (for example, clearly disclosing paid promotions where required).

We may provide dashboards, links, or promotional tools for tracking performance. Metrics are provided for convenience and may contain delays or errors. In the event of suspected fraud, abuse, or policy violations, we may withhold or adjust payouts.

8) Intellectual Property

The Platform and all materials provided by Holicay (including designs, text, graphics, software, and trademarks) are owned by or licensed to Holicay and are protected by intellectual property laws. Except as expressly permitted, you may not use Holicay trademarks or branding without our prior written consent.

9) User Content & License

You retain ownership of content you submit to the Platform ("User Content"). By submitting User Content, you grant Holicay a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, adapt, publish, display, perform, and distribute your User Content solely to operate and improve the Platform, fulfill transactions, and promote offerings where you have opted in or requested such promotion. You represent and warrant that you have the necessary rights to grant this license.

You are responsible for your User Content and for obtaining any permissions or releases required (including for images, music, or third‑party materials). We may remove or disable access to User Content that we reasonably believe violates these Terms or applicable law.

10) Reviews & Feedback

If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty‑free license to use them without restriction or compensation.

11) Third‑Party Services

The Platform may link to or integrate third‑party websites, apps, or services. Holicay is not responsible for third‑party content or practices. Your use of third‑party services is at your own risk and subject to their terms and privacy policies.

12) Copyright / DMCA

If you believe content on the Platform infringes your copyright, please send a notice to [email protected] with: (a) your contact information; (b) a description and location (URL) of the infringing material; (c) a statement that you have a good‑faith belief the use is not authorized; (d) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf; and (e) your signature. We may remove content and, in appropriate circumstances, terminate repeat infringers.

13) Suspension & Termination

We may suspend or terminate your access to the Platform at any time if we reasonably believe you violated these Terms, pose a risk, or as required by law. You may stop using the Platform at any time. Certain provisions of these Terms will survive termination (including, without limitation, Sections 8–16).

14) Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLICAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLICAY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HOLICAY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

16) Indemnification

You agree to defend, indemnify, and hold harmless Holicay and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform or your violation of these Terms.

17) Governing Law & Disputes

These Terms are governed by the laws of the jurisdiction where Holicay is organized, without regard to conflict‑of‑laws principles. You and Holicay agree to the exclusive jurisdiction and venue of the courts located in that jurisdiction, unless applicable law requires otherwise.

Where permitted by law, disputes will be resolved on an individual basis; class actions are not permitted.

18) Changes to the Terms

We may revise these Terms from time to time. The “Last updated” date will reflect the latest changes. Material changes will be announced within the Platform or by email where appropriate. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

19) Contact Us

Questions about these Terms? Contact us at [email protected]. For general support, reach us at [email protected].

20) Miscellaneous

These Terms constitute the entire agreement between you and Holicay regarding the Platform and supersede any prior agreements. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.