Terms of Service

1. Parties and acceptance

These Terms of Service ("Terms") form the agreement between [Company legal name] ("Poki", "we") and the natural or legal person ("you", the "User") using the Poki mobile app, the hellopoki.com website and the web panel (the "Service"). By creating an account or using the Service you accept these Terms and the Privacy Policy. If you do not accept them, do not use the Service.

If you use the Service on behalf of a business, you represent that you are authorised to bind that business to these Terms.

2. Description of the Service

Poki is an AI-powered social media and advertising assistant for businesses. Depending on your plan it offers:

• Brand analysis, strategy selection and a 1–3 month content calendar.
• AI generation of images, videos, captions and voice-overs; AI editing of your own videos.
• Scheduled or automatic publishing (autopilot) to the Instagram and Facebook accounts you authorise. Content is generated for TikTok, YouTube and LinkedIn as well; you publish to those platforms yourself.
• Campaign management, budget planning and simulation in your Meta and Google Ads accounts, within the budget and rules you set.
• Competitor analysis, performance reports and, when you enable it, a DM assistant that replies to Instagram messages.

We reserve the right to develop the Service and to add or remove features. Material changes are announced with reasonable notice.

3. Accounts and eligibility

• You must be at least 18 years old to use the Service.
• You agree to provide accurate and current information when registering and to keep it up to date.
• You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately if you become aware of unauthorised use.
• If you invite other users to a workspace, you are also responsible, as workspace owner, for their use of the Service in line with these Terms.

4. Acceptable use

When using the Service you agree not to:

• Generate or publish content that is misleading, deceptive, defamatory, hateful, glorifies violence, is obscene or otherwise unlawful.
• Upload images, videos, audio or text that infringe third-party copyright, trademark, personality or privacy rights.
• Violate the rules of Instagram, Facebook, Meta advertising policies, Google Ads policies or any other platform you connect.
• Send spam, generate fake engagement or use automation to circumvent platform rules.
• Attempt unauthorised access, reverse engineer, bypass security measures, overload or resell the Service.
• Impersonate someone else or open an account for a business you are not authorised to represent.

You alone are responsible for all content you publish or cause to be published, and for its compliance with applicable law (advertising, consumer, intellectual property, data protection, etc.) and platform rules.

5. AI-generated content

The images, videos, text and audio Poki produces are outputs of AI models. They may be inaccurate, incomplete, inconsistent or different from what you expected, and may resemble real people, brands or products. It is your responsibility to check the accuracy, legality and brand fit of outputs before publishing.

The intellectual property status of AI outputs may differ from country to country; Poki does not guarantee that you can obtain exclusive rights in the outputs.

You are responsible for the accuracy of prices, stock, campaign and product information that appears in generated content, as the party providing that information.

6. Autopilot and automatic publishing

When you turn on autopilot, Poki generates content and publishes it on your behalf according to the strategy, calendar, approval mode and connected-account settings you choose. In approval mode, content is published only after you approve it; in fully automatic mode it is published without waiting for approval, within the rules you set.

You can pause autopilot and scheduled posts, and edit or delete drafts, at any time. Removing an already published post may require using the platform's own tools.

Automatic publishing may fail because of platform outages, expired access tokens, changes to platform rules or exhausted credits on your plan. We try to warn you by notification in such cases, but we do not guarantee that a post will be published at a specific time.

7. Ad management

Ad management takes place in your Meta and Google Ads accounts only within the budget cap, increase steps, waiting periods and approval rules you define. Ad spend is charged directly by the platform from the payment method you hold with that platform; Poki does not collect these amounts, and your ad spend is independent of your Poki subscription.

You are responsible for your ad account's compliance with platform rules, for the legality of ad copy and creatives, and for ad results. Poki does not guarantee any specific reach, clicks, sales or return.

8. Credits, subscriptions and payment

• Poki is subscription-based; there is no free plan. Each plan includes monthly credits; AI generations (images, videos, voice-overs, etc.) consume credits according to the credit guide on the plan and pricing page.
• Monthly credits renew at the start of each billing period. On yearly plans, credits are granted monthly. Carry-over of unused credits and additional credit packs are governed by the rules shown on the plan page at the time of purchase.
• Consumed credits are not refundable. If a generation fails because of a technical error, the credits are returned to your account.
• Purchases made in the mobile app go through the Apple App Store and Google Play; cancellations and refunds are subject to those stores' policies and are requested through the store. Payments made in the web panel are processed by Stripe.
• Subscriptions renew automatically each period until you cancel. Cancellation takes effect at the end of the period; the fee for the current period is not refunded.
• Because the Service is digital content performed immediately, the right of withdrawal cannot be exercised once you consent to performance, under Article 15 of the Turkish Distance Contracts Regulation. Statutory rights of users acting as consumers remain unaffected.
• Prices and credit consumption values may change; changes are announced at least 30 days before the end of the current period and apply from the next renewal. Unless stated otherwise, prices exclude applicable taxes.

9. Third-party platforms

The Service depends on third-party services such as Meta (Instagram, Facebook), Google (Google Ads), Apple, Stripe and AI providers. These platforms may change their APIs, rules or fees, or restrict or terminate access. Poki is not responsible if part of the Service stops working or changes because of such a change; we try to adapt affected features within a reasonable time.

The terms and privacy policies of the platforms you connect are also binding on you in your relationship with those platforms. Instagram and Facebook are trademarks of Meta Platforms, Inc.; Google Ads is a trademark of Google LLC. Poki is not affiliated with or endorsed by these companies.

10. Intellectual property

You keep the rights to the content you upload (logo, product photos, videos, text). So that we can provide the Service, you grant us a worldwide, royalty-free, sublicensable licence to store, process, reproduce, transmit to AI providers and publish that content on the platforms you authorise. This licence is limited to providing the Service and lasts as long as your account is open (except for statutory retention obligations).

To the extent permitted by applicable law and provided you comply with these Terms, we assign to you the rights in the outputs Poki generates for you; Poki does not use those outputs as marketing examples for other customers without your permission.

The Poki software, interface, brand, models and all related rights belong to Poki or its licensors. These Terms grant you no rights other than the right to use the Service.

11. Suspension and termination

You can close your account at any time via the Delete my account step in the app or web panel; your data is deleted as described in the Data Deletion Instructions.

If we find that you have violated these Terms, platform rules or the law, if payment fails, or if it is necessary to protect the security of the Service, we may suspend or terminate your account with prior notice or, in urgent cases, without notice. In the case of serious violations, unused credits or period fees are not refunded.

On termination, provisions that by their nature should survive (intellectual property, limitation of liability, governing law) remain in force.

12. Disclaimer and limitation of liability

The Service is provided "as is" and "as available". We do not guarantee that it will be uninterrupted or error-free, that AI outputs will be accurate, original or fit for a particular purpose, or that social media or advertising results will reach any particular level.

To the maximum extent permitted by applicable law, Poki is not liable for loss of profit, loss of data, loss of reputation, business interruption or indirect or consequential damages. Poki's total liability under these Terms is limited to the amount you paid to Poki in the 12 months preceding the event giving rise to the claim.

Liability for intent and gross negligence, and cases in which mandatory law does not allow limitation, are excluded from this clause.

13. Indemnity

You agree to indemnify Poki against third-party claims, penalties and damages, including reasonable legal fees, arising from content you upload or cause to be published, from your use of the Service in breach of platform rules or the law, or from your breach of these Terms.

14. Changes

We may update these Terms. Material changes are announced at least 15 days before they take effect, by in-app notification or e-mail. Continuing to use the Service after a change means you accept the updated Terms; if you do not accept them, you may close your account.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Türkiye. The [Istanbul (Çağlayan)] Courts and Enforcement Offices have jurisdiction over disputes. Users acting as consumers retain their right to apply to the Consumer Arbitration Committees and Consumer Courts at their place of residence.

16. Contact

Questions: [email protected]. Legal notices: [Privacy / data-protection e-mail]. Address: [Company legal name], [Address].