Terms of Service

Welcome to Hashtag’d, a brand social content platform operated by Xeio Ltd, a company registered in England and Wales with company number 8134729.

These terms of service (the “Terms”) govern your access to and use of the Hashtag’d website (the “Site”), the services provided through the Site, and the content made available through the Site (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms, our Privacy and Cookies Policy, and any additional terms that apply to certain Services. If you do not agree to these Terms, you may not use the Services.

Last updated: November 2024

  1. The Services

    The Services allow Business Users to incorporate user-generated content into their advertising. Business Users, Representatives, and Visitors can all use the Services in different ways:

    • Business Users: A “Business User” is a company which uses Hashtag’d to incorporate user-generated content into their advertising. Business Users are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.

    • Representatives: A “Representative” is someone acting on behalf of an existing or potential Business User (e.g. a founder of a company, sole trader, administer an account for a merchant who is a Business User). Representatives are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.

    • Visitors: A “Visitor” may visit the Hashtag’d website without being logged into Hashtag’d or otherwise communicating with Hashtag’d (e.g. you send Hashtag’d a message asking for more information because you are considering being a user of our services). Visitors are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.

    • Participant: A “Participant” may be a user of a social media platform who has uploaded content to that platform, or who has uploaded content to a Business User campaign powered by Hashtag’d. Participants are responsible for complying with the terms of service of the social media platform they are using, and the terms of participation for the Business User they are interacting with.

  2. Prohibited Conduct

    In connection with your use of the Services, you may not:

    • violate any laws, regulations or third-party rights;
    • transmit any viruses or other harmful computer code;
    • interfere with or disrupt the Services or servers or networks connected to the Services;
    • use any robot, spider, scraper or other automated means to access the Services;
    • use the Services for the benefit of any third party without Hashtag’d’s express written permission;
    • upload to, distribute or otherwise publish through the Website any Content that we believe (at our sole discretion):
      • is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
      • may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law;
      • may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
      • constitutes or is likely to encourage or promote harmful or illegal activity;
      • is contrary to the terms of service for the Stripe payment processor, or;
      • is likely to bring Hashtag’d or other stakeholders into disrepute.
    • use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content;
    • reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without Hashtag’d’s express written permission; or
    • use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services.

    Note: If you have identified a potential violation of these terms you should email info@hashtagd.net.

    Hashtag’d reserves the right, at any time and without notice, to remove or disable access to any content and deny service to any user of Hashtag’d at its sole discretion, if an agent of Hashtag’d considers there to have been a violation of these Terms or otherwise the potential for harm to the Services.

  3. Intellectual Property and Content

    • The Services and all content and materials that make up the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (the “Content”) are the property of Hashtag’d or its licensors and are protected by United Kingdom and international copyright and trademark laws. You may not use any Content without the express written consent of Hashtag’d or the applicable rights holder.
    • Business Users are solely responsible for the content they upload or post to the Services, including but not limited to ad designs or campaign assets. Hashtag’d does not endorse any such content and is not responsible or liable for any loss or damage of any kind resulting from the use of such content. Hashtag’d reserves the right to remove any such materials if Hashtag’d receives notice or otherwise becomes aware of any infringement. To notify Hashtag’d of any potential infringement please email info@hashtagd.net.
    • By uploading or posting content to or through the Services, Business Users grant Hashtag’d a worldwide, irrevocable, perpetual, non-exclusive, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or form, and for any purpose, including commercial use.
    • Business Users represent and warrant that they have all necessary rights and permissions to grant the license set out in this section and that the use of the content by Hashtag’d as contemplated by this section will not infringe any intellectual property rights or other rights of any third party.
    • Business Users agree to defend, indemnify, and hold Hashtag’d harmless from any claims, actions or suits, including legal fees, arising out of or in any way connected with the use of the Services and for any such violation of this section.
    • For the avoidance of doubt, Business Users are solely responsible for complying with all applicable laws and regulations in connection with their use of the Services, including but not limited to sales tax, consumer protection laws and regulations.
    • By being a Participant in a campaign powered by Hashtag’d, Participants accept and acknowledge agreement to that Business User’s terms which will have been made available to them when a request was sent for their content to be featured, or when they uploaded their content directly to the Business User via Hashtag’d.
    • Participants accept and acknowledge that they are responsible for complying with the terms of service of the social media platform they are using, and the terms of participation for the Business User they are interacting with. Hashtag’d acts only as a conduit for the content to be shared, and is not responsible for the content itself.
    • Hashtag’d has no control over the content uploaded by Participants, and is not responsible for that content. Hashtag’d reserves the right to remove any such materials if Hashtag’d receives notice or otherwise becomes aware of any infringement or for any other reason at their sole discretion. To notify Hashtag’d of infringement or any other content issues, please email info@hashtagd.net.

  4. Disclaimer of Warranties

    • Hashtag’d provides the Services on an “as is” and “as available” basis. Hashtag’d makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services.
    • Hashtag’d does not warrant that the Services will be uninterrupted or error-free, and Hashtag’d will not be liable for any interruptions or errors.
    • Hashtag’d does not warrant that the Services or any content or materials on the Services will be free from viruses or other harmful components.

  5. Limitation of Liability

    • Hashtag’d will not be liable for any damages of any kind arising from the use of the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
    • Hashtag’d will not be liable for any damages arising from the loss of use, data, or profits or from any unauthorized access to or alteration of your transmissions or data.
    • Hashtag’d will not be liable for any damages arising from any event or incident beyond our reasonable control.

  6. Indemnification

    • You agree to indemnify and hold Hashtag’d, its affiliates, officers, agents, and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.

  7. Governing Law

    • These Terms and your use of the Services will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.

  8. Dispute Resolution

    • Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the JAMS International Arbitration Rules.

  9. Age Restrictions

    • The Services are intended for use by adults aged 18 or over. By using the Services, you represent and warrant that you are at least 18 years of age.
    • Hashtag’d does not knowingly collect personal information from children under the age of 18. If Hashtag’d becomes aware that it has collected personal information from a child under the age of 18, Hashtag’d will take steps to delete such information as soon as possible.

  10. Miscellaneous

    • These Terms (and associated documents, for example the Privacy & Cookies policy) constitute the entire agreement between you and Hashtag’d regarding the use of the Services.
    • If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
    • Hashtag’d’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
    • You may not assign or transfer these Terms or your rights to use the Services without Hashtag’d’s prior written consent, and any attempted assignment or transfer without such consent will be null and void.
    • These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf.
    • Hashtag’d may update these Terms from time to time by posting a new version on the Site. Your continued use of the Services after such changes will be subject to the new terms. It is your responsibility to review these Terms periodically for any changes.
    • Hashtag’d may also offer additional services or revise any of the Services, at its discretion, and these terms will apply to any new or revised services.
    • Hashtag’d may terminate your access to the Services at any time and for any reason, with or without notice.
    • The section titles in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions about these terms, please contact us at info@hashtagd.net.