Terms & Conditions
This Platform (defined below), accessible via app, website, or other means, is owned by WhoTivate Limited (referred to as "we," "us," or "WhoTivate"), a company registered in Hong Kong. Your access to our Platform is subject to these terms and conditions (“Terms and Conditions”). It is your responsibility to regularly review these Terms and Conditions, as we reserve the right to modify them at any time without prior notice. By continuing to use our Platform, you fully accept these Terms and Conditions. If you cannot form a legally binding contract under applicable laws or do not agree to these Terms and Conditions in full, you shall stop using our Platform immediately.
1. Definitions and Third Party Terms
When using our Platform, you'll encounter certain key terms:
Platform: Our website, mobile app, or any other device through which you access our services.
Member: A social media influencer, celebrity, blogger or influential person accepted into WhoTivate Platform, with access to exclusive Promotions.
Service Provider: A registered business, designer, venue, events company, brand, or product owner utilizing the WhoTivate Platform by offering Promotions to Members.
Promotion: An event, product, or service offered by a Service Provider.
Please note that certain features of our Platform are subject to third-party terms and conditions, such as service provider agreements, venue rules, or product terms. By using our Platform, you agree to abide by these third-party terms and conditions in addition to our own. We're simply a platform connecting Members with Service Providers and Promotions. We don't employ Members or have any affiliation with Service Providers or Promotions. Each Promotion is subject to the specific terms and conditions of the Service Provider offering it. It's your responsibility to review and agree to these terms before participating in a Promotion. Service Providers must ensure their terms and conditions are fair, reasonable, and easily accessible. These third-party terms and conditions may change without notice and will form an integral part of our Terms and Conditions.
License to Use. Provided you adhere to these Terms and Conditions, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use our Platform, with the right to revoke this license at any time.
Lawful Purposes. You agree to use our Platform only for legal purposes and in a manner that does not infringe upon the rights of others or restrict their ability to utilize our Platform.
Certain Restrictions. The rights given to you under these Terms and Conditions are limited by the following restrictions:
1.2.2 You must not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any part of our Platform or its content;
1.2.3 You must not access our Platform to create a similar or competing website, product, or service;
1.3.4 Except as explicitly allowed here, no part of our Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form, including linking or framing it on another website or platform, without our written permission;
1.3.5 All copyright and proprietary notices on our Platform (or any content thereon) must be preserved in all copies, with the source clearly indicated;
1.3.5 Unless stated otherwise, any future updates or changes to our Platform's functionality will be governed by these Terms and Conditions.
Modifications. You should regularly review these Terms and Conditions since we reserve the right to amend or modify them at any time without prior notice to you, as well as to suspend or terminate our Platform, Promotions, or your access to them.
No Support, Maintenance, or Protection. You acknowledge that we are not obligated to provide any support or maintenance for our Platform or your use of it. We also cannot guarantee the absence of viruses or harmful code that may affect your device. It is your responsibility to ensure that your device is adequately protected against such risks.
Term. These Terms and Conditions will remain in effect for the duration of your use of our Platform. Specifically, these Terms (including any amendments) will apply each time you register as a Member with us, inform us about a Promotion, take part in a Promotion from a Service Provider, or access our Platform for any other reason.
2. Service Description
We offer an online platform that connects Service Providers with Members and provides Members access to Promotions. Service Providers can submit Promotion requests to WhoTivate, which will internally process these requests based on its member database. The Service Provider will initiate a request through their account (details in the following section), and WhoTivate platform will confirm the request for action automatically. WhoTivate retains the exclusive right to determine which Promotions to approve. We reserve the right to remove any request if we believe it to be unserviceable, inappropriate, damaging to our reputation, or for any other reason. When submitting a request, specific details such as date and time must be provided as prompted. Upon acceptance of a Promotion request, WhoTivate will use its knowledge of Members and Promotions to select those it finds most suitable and relay the Promotion details to them, inviting members to participate. Members can either accept or decline this invitation. If they confirm, Members must arrive on time, dress appropriately, behave respectfully, and conduct themselves as a reasonable representative of WhoTivate would in similar circumstances. Members are required to promote the Promotion on their social media accounts, including but not limited to Instagram. Feedback from the Service Provider regarding a Member will consider the provisions of this clause, which must be met to participate in a Promotion.
3. Creating an account with us
Our Platform is strictly intended for individuals who are 18 years of age or older. By registering and using the platform, you confirm that you meet this age requirement. If we become aware that an account has been created or is being operated by someone under the age of 18, we reserve the right to immediately delete the account without notice. If you wish for WhoTivate to process requests that allow Members to access specific Promotions as a Service Provider, or if you want to become a Member and gain access to Promotions, you must create an account with us. You will be informed of the necessary requirements when setting up your account. After you provide the requested information and submit your account creation request, your application must receive approval from WhoTivate. We reserve the right to deny any account application (as well as suspend your membership or delete your account) at our discretion, without notice or explanation. Once your account is approved, you will receive a confirmation email. Upon successfully creating your account, you will have a profile on our Platform that includes information such as your profile picture, a to your Instagram, your date of birth, email address, phone number, and any other details we consider relevant. We reserve the right to share this information at our discretion. It is also advised that you review clause 7 of these Terms and Conditions. You are responsible for ensuring that the information you provide when creating your account is accurate and truthful. This information should be presented in good faith and reflect true and accurate details as of the date given. Regularly reviewing this information is encouraged to confirm its accuracy. You may update or delete your information at any time. We may ask for supporting documentation to verify the accuracy of the information you provide. We cannot be held liable for any costs or issues that arise from inaccurate information. All interactions between Members and Service Providers should remain professional and appropriate. Service Providers will have the opportunity to give feedback about Promotions by responding to specific questions after the event, such as punctuality, behavior during the Promotion, whether the Member posted about the Service Provider on Instagram, and what the Member posted. Service Providers may also leave an overall score about a Member. A Member with more positive reviews will qualify for more Promotions. As a Service Provider or Member, you must ensure that engaging with our Platform, participating in Promotions, and posting about them on social media complies with applicable laws and regulations, does not infringe upon third-party rights, and does not promote misleading or offensive content, including any form of explicit material. You are responsible for keeping your login details confidential and secure. You agree not to allow anyone else to use your username and password and not to share these details with anyone else. You will remain accountable for all activities associated with your account. To clarify, you are prohibited from using someone else's account or creating multiple accounts for yourself, especially if your account has been suspended or deleted by us. We do not accept responsibility for any actions taken through your account. If you have a complaint as either a Member or a Service Provider, you can submit it in writing to the email address provided at the end of these Terms and Conditions.
4. Exclusions of Liability
The Member and the Service Provider acknowledge that when a Member participates in a Promotion, it constitutes a binding agreement between themselves. Each is responsible for their own Promotions and conduct—Members must act responsibly as they use our Platform. We do not make any claims, guarantees, or warranties about the Members or Service Providers, which includes the quality of the Promotions, their behavior, or their obligation to attend a Promotion. Additionally, we do not guarantee that Promotions or Members will be available at any time on our Platform. Members and Service Providers should practice caution and common sense during their interactions and take measures to protect themselves and their property at all times. Utilizing our Platform for any form of prostitution is strictly forbidden, and we reserve the right to suspend or block access to our Platform if such activities occur. Our Platform is intended solely for the engagement of Members in Promotions as outlined in these Terms and Conditions, and we do not endorse the actions of any Members or Service Providers, nor any third parties. Service Providers must not put Members in situations that could lead to expectations of sexual acts, and Members must not promote or offer such acts. Any breach of this provision by a Member or Service Provider will result in suspension of access to our Platform and may be reported to law enforcement. Both Members and Service Providers operate as independent contractors, and we do not exercise control over them nor take responsibility for their actions. You agree to indemnify us and our affiliates against any claims or demands that arise from your use of the Platform, violations of these Terms and Conditions, or breaches of applicable laws. We reserve the right to take control of any claims for which you must indemnify us, and you agree to cooperate fully with us in that regard.
5. Payment
We want to remind you that we solely offer a Platform that allows Members to access Promotions from Service Providers. These Promotions are subject to the Service Provider's terms and conditions, which may include their cancellation policy, payment terms, liability terms, and more (as applicable). If you are a Service Provider, you will receive a 14-day free trial upon signing up, allowing full access to the Platform and its features. After the trial period ends, standard fees will automatically apply. By continuing to use the Platform after the trial period, you agree to be charged the applicable subscription fee. All payments to WhoTivate Limited are due every 30 calendar days from the date of your billing cycle. Payments must be made via accepted methods as listed on the platform (e.g., bank transfer, mobile payment solutions, or third-party payment providers). It is your responsibility to ensure your payment method is valid and has sufficient funds. If your payment method fails, your account will be placed in a suspended state. You will not be able to accept booking requests or display your Promotions until full payment is received. Created events may also be automatically cancelled. A grace period of 7 calendar days will be granted to resolve outstanding payments. If payment is still not received after this period, we reserve the right to deactivate or delete the account. All fees paid to WhoTivate Limited are non-refundable, including but not limited to account suspension due to breach of terms. WhoTivate reserves the right to modify its pricing structure or introduce new fees at any time. We will provide at least 14 days’ notice via email or through the Platform prior to any changes taking effect. Continued use of the Platform after the effective date constitutes agreement to the new pricing. All fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes related to your use of the Platform, excluding taxes based solely on WhoTivate’s income.
6. Intellectual Property
Between you and us, you agree that all intellectual property rights, such as copyrights, patents, trademarks, and trade secrets (collectively referred to as "Intellectual Property") in our Platform and its content are owned or will be owned by us or our third-party suppliers, where applicable. These Terms and Conditions, as well as your access to and use of our Platform or Promotions, do not transfer any rights, title, or interest in the Intellectual Property to you or any third party, aside from the limited access rights specified in clause 1.3 above. We retain all rights not granted in these Terms and Conditions, and the same applies to our third-party providers. To clarify, these Terms and Conditions and your use of our Platform do not grant any implied licenses. While we do not claim ownership or intellectual property rights over the content you post on Instagram or other social media, when you display or publish any content related to a Promotion on your Instagram or social media, you grant us a non-exclusive, fully paid, royalty-free, worldwide, and unlimited license to use, publicly display, reproduce, or modify that content. This includes the right to distribute all or part of the content across various media forms and channels, except for content that is not publicly shared.
7. Third-Party Links & Ads; Other Users
Our Platform may include links to external websites and services, as well as advertisements for third parties (referred to collectively as "Third-Party Links & Ads"). We do not evaluate, approve, oversee, endorse, guarantee, or make any claims regarding these Third-Party Links & Ads available on or through our Platform, and we explicitly disclaim any and all liability associated with them. These links and advertisements are provided solely for your convenience. Your engagement with any Third-Party Links & Ads is at your own risk. Additional terms and conditions may apply when you access these links, including the third party's privacy and data practices. We encourage you to conduct any necessary research before proceeding with transactions related to these Third-Party Links & Ads. Any interactions you have with other users of the Platform or third parties are solely between you and those individuals. We will not be liable for any loss, damage, costs, or other liabilities resulting from such interactions, including those involving Members and Service Providers. If a disagreement arises between you and another user (be it a Member or Service Provider) or a third party, we are not obligated to intervene or address the issue. Some activities, whether lawful or unlawful, may be harmful to you or others. To ensure your own safety and that of others, you are not permitted to engage in the following actions while using our Platform or Promotions: a. Harass or mistreat other users and/or third parties through threats, stalking, spam, junk mail, chain letters, or any form of harassment; b. Violate the privacy of others by breaching applicable privacy laws or soliciting personal information for abusive, exploitative, commercial, or promotional reasons; c. Disrupt or interfere with another user's or third party’s use and enjoyment of the Promotions and/or our Platform; d. Upload or transmit viruses or other harmful files; e. Disrupt, interfere with, or compromise the security of our Platform, system resources, accounts, passwords, servers, or networks connected to or accessible through our Platform. You hereby release us and our affiliates, officers, employees, agents, successors, and assigns from any and all past, present, or future claims, disputes, controversies, demands, obligations, liabilities, actions, and causes of action (including personal injuries, death, and property damage) that arise directly or indirectly from your use of our Platform, including any interactions with other users or Third-Party Links & Ads.
8. Disclaimers
Our Platform and all the information it contains are provided solely on an “as is” basis. We explicitly reject any and all warranties and assurances of any kind, including, but not limited to, those related to merchantability, suitability for a specific purpose, ownership, peaceful enjoyment, accuracy, and non-infringement. We do not guarantee that our Platform, the Promotions, or any related services will satisfy your needs or expectations, nor that they will be available without interruption, in a timely manner, securely, or free from errors. We also do not assure that our Platform will be accurate, reliable, free of harmful software, complete, legal, or safe at all times. If any applicable laws require us to provide warranties regarding our Platform and/or the Promotions, such warranties are strictly limited to the minimum standards mandated by law.
9. Limitation on liability
To the fullest extent allowed by law, we will not be liable to you or any third party for any illness, damage, theft, or loss of property, nor for loss of profits, data loss, expenses related to acquiring substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages that arise from or relate to these Terms and Conditions, your use or inability to use our Platform, and/or Promotions. Your access to and use of our Platform and any Promotions is entirely at your own risk. By using our Platform, you take full responsibility for any damages to yourself, your property, and/or the device you use to access our Platform, as well as any resulting losses. You acknowledge that third parties will have no liability related to these Terms and Conditions. We are not responsible for any breaches of these Terms and Conditions caused by events beyond our reasonable control, including but not limited to natural disasters, accidents, acts, regulations, or measures taken by any governmental authority. These Terms and Conditions do not affect your legal rights under any mandatory consumer protection laws that cannot be excluded or limited by applicable law.
10. Term and Termination
Except as outlined in this clause, these Terms and Conditions will remain effective for the duration of your use of our Platform, participation in Promotions, or while you maintain an account with us. We reserve the right to suspend or terminate your access to our Platform at any time and for any reason at our sole discretion. If your rights under these Terms and Conditions are terminated, your account and access to our Platform will end immediately. We will not be held responsible for any termination of your rights under these Terms and Conditions. Even after your rights have been terminated, the following sections of these Terms and Conditions will continue to be in effect and legally binding: clauses 1, 4, 5, 7, 8, 9, 10, 11, and 12.
11. Governing law and dispute resolution
These Terms and Conditions will be interpreted and governed by the current laws of Hong Kong. Any claims or disputes related to these Terms and Conditions (except for requests for injunctive or other equitable relief mentioned below) should be resolved amicably between us within ninety (90) days. If we cannot reach a friendly resolution, the dispute will be submitted to and ultimately decided by the courts of Hong Kong.
12. General
Survival of the Agreement: These Terms and Conditions will remain effective for five (5) years following the termination of your account with us, starting from your last visit to our Platform (whichever occurs later). Electronic Communications: All interactions between you and us will be conducted electronically. For legal purposes, you (i) agree to receive electronic communications from us, and (ii) acknowledge that all terms, agreements, notices, disclosures, and other communications we provide will fulfill any legal standards that would apply if they were in printed form. This does not impact any rights that cannot be waived. Entire Terms: These Terms and Conditions, along with our privacy policy and cookies policy, represent the complete agreement between you and us concerning the use of our Platform and Promotions. Our failure to enforce any part of these Terms will not be considered a waiver of that right. The headings in these Terms are for reference only and have no legal significance. The term "including" means "including but not limited to." Any rights or limitations in these Terms can be waived by the party against whom a claim is made, but such a waiver won't affect any other provisions. If any section of these Terms is found to be invalid or unenforceable by a suitable court, that specific section will be removed, while the rest of the Terms will remain effective. You cannot transfer your rights or responsibilities under these Terms without our prior written consent; any attempt to do so will be void. We can assign these Terms freely at our discretion. The provisions of these Terms will apply to any assignees. Copyright/Trademark Information: Copyright © 2025 WhoTivate Limited. All rights reserved. All trademarks, logos, and service marks (“Marks”) on our Platform are owned by us or third parties. You may not use these Marks without our or the respective owner's prior written consent. Contact: If you wish to reach us, please do so at contact@whotivate.com.
By using our services, you acknowledge and agree to these Terms and Conditions.