Terms of Service

Last Updated: July 13, 2025

Welcome to Ekly.ai! These terms and conditions outline the rules and regulations for the use of Ekly.ai's website.

1. Introduction

These Terms of Service ("Terms", "Terms of Service") govern the use of the Service and define the legal relationship between the entity using the Service and the Company. Ekly.ai ("Company") operates web pages located at Ekly.ai ("Website") and provides the Service (as defined in Section 2 below). By using the Website and/or the Service in any manner, including through the Account registration process, the User or Guest declares that:

(i) they have read, understood, and accept the provisions of the Terms and Privacy Policy,

(ii) their age and legal capacity enable them to enter into an agreement with the Company,

(iii) they have the authority to act on behalf of the entity they represent, and their declarations are binding.

If the User does not agree to these Terms, they should not use the Service. However, they may contact the Company at eklyai.help@gmail.com to explore potential solutions.

2. Definitions

Unless otherwise specified, the following capitalized terms have the meanings below:

Account: An individualized panel enabling the User to utilize the Service and/or Website.
Company: Ekly.ai.
Content: Texts, images, videos, or other materials that a Guest or User publishes, presents, or sends via the Website or Service.
Device: Equipment such as a computer, telephone, smartphone, tablet, or other electronic device capable of browsing web pages.
Guest: An entity browsing the Website without an Account.
Intellectual Property: Designations, inventions, utility models, industrial designs, works, and other creative expressions subject to the Company's exclusive rights.
Link: A hyperlink directing to Other Websites.
Mobile Device: A portable device (e.g., telephone, smartphone, tablet) that operates the Website and/or Service.
Notification: A message sent to the User as part of the Service.
Other Websites: Websites not owned or controlled by the Company.
Password: A User's anonymized verification tool, consisting of at least 8 characters, enabling access to the Account.
Privacy Policy: The Company's policy on personal data processing, available at https://ekly.ai/legal/privacy.
Service: The services provided by Ekly.ai through the Website, including but not limited to AI-powered tools and features.
Terms: These Terms of Service, available at https://ekly.ai/legal/terms.
User: An entity that owns an Account.
Website: Web pages located at Ekly.ai.

These definitions apply whether the terms are used in singular or plural form.

3. General Rules

Using the Service signifies full acceptance of these Terms, which apply solely to the relationship between the Company and the Guest or User. If the Service or Website enables services from other entities, those services will follow the respective entities' regulations, and those entities will be solely responsible unless these Terms explicitly state otherwise. All entities must use the Service and Website in accordance with their intended purpose as outlined in these Terms.

The Website requires the following minimum technical specifications:

  • Internet access,
  • A browser such as (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, or (v) Microsoft Edge,
  • A browser version no older than one year,
  • JavaScript enabled.

Installing antivirus software on Devices or Mobile Devices is recommended.

4. Account

Users can set up an Account via the Website by logging in with a Google account or registering with a personal email and Password. Accurate, complete, and current information must be provided during Account creation. Failure to maintain this may result in immediate Account termination. Users are responsible for safeguarding their Account and Password, including restricting access to their Device or Mobile Device. They accept liability for all activities under their Account or Password and must notify the Company immediately at eklyai.help@gmail.com of any security breaches or unauthorized use. Usernames must not infringe on others' rights, be unlawful, or be offensive, vulgar, or obscene.

5. Communications

By creating an Account, Users may opt to receive newsletters, marketing materials, or other information from the Company.

6. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or promotions ("Promotions") offered through the Service or Website may have separate rules. Participants should review those rules and the Privacy Policy. If Promotion rules conflict with these Terms, the Promotion rules will prevail.

7. Payment and Credits

The Service operates on a pay-as-you-go basis. Users may purchase credits through the Website to access Service features. Key points include:

  • Credits are non-refundable except as required by law.
  • Unused credits never expire until the Service is shut down.
  • Users must provide accurate and complete payment information (e.g., credit/debit card, Apple Pay, Google Pay).
  • The Company may modify credit pricing at its discretion, with reasonable notice to Users via email or the Website.
  • Continued use after a price change signifies acceptance of the new pricing.
  • The Company is not responsible for additional fees or taxes imposed by relevant authorities; these are the User's responsibility.
  • The Company reserves the right to refuse or cancel transactions if fraud, unauthorized activity, or service availability issues are suspected.

8. Fee Changes

The Company may adjust credit pricing at any time, in its sole discretion. Users will receive reasonable notice of changes via email or the Website. Continued use of the Service after a pricing change takes effect constitutes agreement to the new rates.

9. Refunds

Except when required by law, paid fees (including credits) are non-refundable.

10. Content

Users may post, link, store, share, or make available information, text, graphics, videos, or other material ("Content") through the Service or Website. Users are responsible for their Content's legality, reliability, and appropriateness, particularly toward their customers. By posting Content, Users represent that:

(i) They own the Content or have the right to use it and grant the Company the rights outlined in these Terms,

(ii) The Content does not violate privacy, publicity, copyright, contract, or other rights of any person or entity.

The Company may terminate Accounts of Users found infringing copyrights. Users retain rights to their Content and are responsible for protecting those rights. The Company assumes no liability for Content posted by Users or third parties.

AI-Generated Content
The Service may include content generated by artificial intelligence ("AI"). While the Company aims to provide accurate and useful information:

  • AI-generated content may contain errors, inaccuracies, or inappropriate material.
  • The Company does not guarantee its accuracy, completeness, or reliability.
  • Users should not rely solely on AI-generated content for critical decisions and should independently verify it.
  • The Company is not liable for damages or losses from using or relying on AI-generated content.

11. Prohibited Uses

The Service and Website may only be used for lawful purposes and in accordance with these Terms. Users must not:

  • Violate any applicable national or international laws,
  • Exploit or harm minors by exposing them to inappropriate content,
  • Send unsolicited advertising (e.g., "spam"),
  • Impersonate the Company, its employees, or others,
  • Infringe on others' rights or engage in illegal, threatening, fraudulent, or harmful activities,
  • Restrict or inhibit others' use of the Service or Website,
  • Use the Service to generate or distribute harmful, illegal, or inappropriate content.

Additionally, Users must not:

  • Overload, damage, or impair the Service or Website,
  • Use automated tools (e.g., robots, spiders) to access or copy material without consent,
  • Introduce malicious software (e.g., viruses, trojans),
  • Attempt unauthorized access or disruption, including denial-of-service attacks,
  • Interfere with the Service's proper functioning.

12. Analytics

The Company may use third-party providers to monitor and analyze Service and Website usage.

13. Intellectual Property

The Service, Website, and their original content (excluding User-provided Content), features, and functionality are the exclusive property of the Company and its licensors, protected by copyright, trademark, and other laws.

14. Links to Other Websites

The Service or Website may link to Other Websites not controlled by the Company. The Company is not responsible for their content, privacy policies, or practices.

15. Disclaimer of Warranty

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. The Company does not guarantee the Service's operation, content accuracy, reliability, or availability. Use is at the User's sole risk. No warranties are made regarding completeness, security, quality, or uninterrupted access.

AI-Specific Disclaimer
The Company does not warrant that AI-powered features will be error-free, accurate, or meet specific User needs. AI technology may produce inaccurate, inappropriate, or unreliable content, and the Company is not responsible for related decisions or actions.

16. Limitation of Liability

The Company is not liable for:

  • Consequences of relying on Service or Website content, including AI-generated content,
  • Service interruptions,
  • Force majeure events (e.g., power outages, natural disasters, wars).

To the fullest extent permitted by law, the Company, its affiliates, and agents are not liable for indirect, punitive, incidental, or consequential damages arising from Service use.

17. Service Breaks

The Company does not guarantee continuous Service or Website availability and may introduce breaks. Planned breaks will be announced at least 3 days in advance via the Website or email. Unplanned breaks will be communicated promptly. Accepting these Terms acknowledges that the Service may not be 100% reliable.

18. Personal Data Protection and Security

The Company processes personal data diligently, with appropriate security measures. See the Privacy Policy at https://ekly.ai/legal/privacy for details. The Company is not liable for the data protection of Users' customers or for Other Websites' practices.

19. Data Privacy

The Company collects, processes, and stores User data per applicable laws, solely for agreed purposes, with safeguards against unauthorized access. Data breaches will be reported promptly.

20. Confidentiality

Non-public information exchanged via the Service (e.g., business data, technical details) is confidential and may not be disclosed without consent, except as required by law or to provide the Service.

21. Termination

The Company may terminate or suspend Accounts without notice for any reason, including Terms breaches. Users may terminate by discontinuing Service use. Provisions like ownership, disclaimers, and liability limits survive termination.

22. Changes to Terms

The Company may amend the Service or these Terms without notice. Continued use after changes signifies acceptance.

23. Acknowledgement

By using the Service, you acknowledge and agree to these Terms.

24. Contact Us

For questions, contact us at eklyai.help@gmail.com.