Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Holala platform, including the website at holala.ai, the web application, APIs, and any related services (collectively, the "Service"). The Service is operated by Holala ("Holala," "we," "us," or "our").

By creating an account, subscribing to a plan, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" or "Customer" refers to that entity.

If you do not agree to these Terms, do not use the Service.

1. The Service

Holala is a business-to-business software-as-a-service platform for AI-powered visual content generation. Features include image and video generation from uploaded product photography and brand assets, brand kit memory, team collaboration and approval workflows, bulk catalog generation, and integrations with e-commerce platforms.

The Service is intended for use by businesses, brands, marketing teams, e-commerce operators, and creative agencies. The Service is not intended for use by consumers for personal purposes, and is not intended for individuals under the age of 18.

We may update, modify, add, or remove features at any time. Where a change materially reduces functionality of a paid plan, we will provide reasonable prior notice.

2. Accounts

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• maintaining the confidentiality of your account credentials,
• all activity that occurs under your account,
• ensuring that every user you invite to your workspace complies with these Terms, and
• promptly notifying us of any unauthorized access or security incident affecting your account.

We may suspend or terminate accounts that violate these Terms, that present a security risk, or that we are required to suspend by law.

3. Subscriptions, Billing, and Payments

3.1 Subscription plans

The Service is offered on a subscription basis. Plan features, generation limits, seat limits, and pricing are described on our pricing page and in your order.

3.2 Merchant of record

Payments for the Service are processed by Paddle.com Market Ltd and its affiliates ("Paddle") as our merchant of record. Paddle handles billing, taxes, chargebacks, and payment compliance. When you subscribe, you are entering into a purchase agreement with Paddle for the transaction, and separately accepting these Terms with Holala for the underlying service. Paddle's terms apply to the payment transaction.

3.3 Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on your plan) at the then-current rate, unless you cancel before the renewal date.

3.4 Taxes

Prices are exclusive of applicable taxes (including VAT, KDV, or equivalent). Paddle calculates, collects, and remits applicable taxes on our behalf.

3.5 Failed payments

If a payment fails, we may suspend access to the Service until the outstanding amount is paid. Repeated payment failures may result in termination.

3.6 Price changes

We may change subscription pricing at any time. Changes will take effect at your next renewal, and we will provide at least 30 days' prior notice.

4. Free Trials and Credits

We may offer free trials, promotional credits, or introductory pricing at our discretion. Trials and credits are non-transferable, have no cash value, and may be modified or terminated at any time. At the end of a trial, your subscription will begin at the plan you selected unless you cancel.

5. Your Content and Our Use of It

5.1 Customer content

"Customer Content" means any data, images, videos, text, brand assets, product photographs, prompts, logos, and other materials that you upload to, generate with, or transmit through the Service.

You retain all ownership rights in Customer Content. You grant Holala a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and modify Customer Content solely to operate and provide the Service to you, to comply with law, and to enforce these Terms.

5.2 Generated output

Images and videos generated by the Service using your inputs are part of Customer Content, and you own them to the maximum extent permitted by applicable law. You are responsible for the use and distribution of generated output.

Because outputs are produced by probabilistic AI models, we cannot guarantee that any generated output is unique, non-infringing, or suitable for any particular purpose. You are responsible for reviewing outputs before commercial use.

5.3 No training on Customer Content

We do not use Customer Content to train Holala's AI models, nor do we authorize our third-party AI inference providers to train their models on your inputs or outputs. Customer Content is used only to deliver the Service to you.

5.4 Aggregated and anonymized data

We may generate de-identified and aggregated data from usage of the Service (for example, performance metrics, feature usage statistics) and may use such data to operate, improve, and market the Service. This data does not identify you or your Customer Content.

6. Acceptable Use

You agree that you will not, and will not permit any user under your account to:

• upload, generate, or distribute content that is illegal, infringing, defamatory, hateful, harassing, or sexually explicit;
• generate images or videos of real, identifiable individuals without their consent, including deepfakes, non-consensual intimate imagery, or political misinformation;
• generate child sexual abuse material under any circumstances;
• infringe the intellectual property, publicity, privacy, or other rights of any third party, including by generating content that imitates protected characters, trademarks, or branded IP without authorization;
• use the Service to develop, train, or benchmark a competing AI image or video model;
• reverse engineer, decompile, or attempt to extract the source code or model weights of the Service;
• circumvent rate limits, usage limits, authentication, or billing;
• use automated means (scrapers, bots) to access the Service except through documented APIs and within published rate limits;
• interfere with or disrupt the integrity, security, or performance of the Service, or attempt unauthorized access to any part of it;
• use the Service in any way that violates applicable law, including export-control, sanctions, data-protection, and consumer-protection laws.

We may review content and activity on the Service to enforce this section. We may remove content, suspend accounts, or terminate access for violations, with or without notice.

7. Third-Party Services and Integrations

The Service uses third-party AI inference providers (including Google Cloud / Vertex AI, fal.ai, and Gemini-based models) and third-party integrations (including Shopify, WooCommerce, IKAS, TrendyolMax). Your use of any third-party integration is also subject to that third party's terms. We are not responsible for third-party services, their availability, or changes to their functionality.

8. Intellectual Property

The Service, including all software, models, designs, user interface, documentation, and branding, is owned by Holala and its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you in the Service.

"Holala," the Holala logo, and related marks are trademarks of Holala. You may not use them without our prior written consent.

8.1 Feedback

If you provide suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without obligation to you.

9. Confidentiality

Each party may receive confidential information of the other under these Terms. The receiving party will protect such information with the same care it uses for its own confidential information (and in no event less than reasonable care), and will use it only to exercise its rights and perform its obligations under these Terms.

10. Data Protection

Our collection and processing of personal data is described in the Privacy Policy, which forms part of these Terms. We comply with applicable data-protection laws, including the General Data Protection Regulation (GDPR) and the Turkish Personal Data Protection Law (KVKK).

Where we process personal data on your behalf, we act as a data processor and you act as the data controller. Enterprise customers may request a Data Processing Agreement (DPA) by contacting privacy@holala.ai.

11. Service Availability

We work to provide a reliable Service, but we do not warrant uninterrupted or error-free operation. Scheduled maintenance, third-party outages, and force-majeure events may affect availability. Enterprise-plan customers may have a separate service-level agreement (SLA); in the absence of an SLA, the Service is provided on an as-available basis.

12. Suspension and Termination

12.1 Termination by you

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. See the Refund Policy for refund terms.

12.2 Termination by us

We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay, use the Service unlawfully, or create a risk of harm to other users or third parties.

12.3 Effect of termination

On termination, your right to use the Service ends. We will retain and delete Customer Content in accordance with the Privacy Policy. You may export your content before termination; we are not obligated to provide content after your account is closed.

Sections that by their nature should survive termination (including IP, confidentiality, disclaimers, liability limits, and governing law) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLALA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT GENERATED OUTPUTS WILL BE ACCURATE, UNIQUE, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE USE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLALA AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

HOLALA'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

15. Indemnification

You will indemnify and hold harmless Holala and its affiliates from any third-party claim arising out of (a) your Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your infringement of any third-party right.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law principles. The courts and enforcement offices of Istanbul (Çağlayan) have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service. Enterprise customers may agree to a different governing law or forum in a signed order form.

If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer-protection rules, those rules continue to apply to you to the extent they cannot be waived.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, Refund Policy, and any order form or enterprise agreement, constitute the entire agreement between you and Holala and supersede any prior agreements on the subject.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Notices. Notices to us must be sent to legal@holala.ai. Notices to you may be sent to your account email.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.

19. Contact

Questions about these Terms can be sent to:

Email: support@holala.ai

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