Plain-English summary. Use the Service responsibly, don't break the law with it, don't impersonate people, and pay for what you use. You own what you generate; we own the platform. We can refund you during the first 14 days — see the Refund Policy. These Terms do not override any country-specific consumer rights you already have.
1. Eligibility
You must be at least 18 years old (or the age of majority where you live) and legally able to enter a contract. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
2. Your account
- Provide accurate, up-to-date information when signing up.
- You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at hello@quakly.ai of any unauthorised access.
- One human per account. Team seats are sold per-seat on the applicable plan; sharing logins to avoid seat fees is a breach.
3. The Service
Quakly generates short-form videos from prompts and brand data you provide, optionally re-cuts them per platform, and — on supported plans — publishes them to your connected TikTok, Instagram, YouTube, and LinkedIn accounts. We may update, improve, or retire features at any time with reasonable notice.
4. Plans, billing, and top-ups
- Plans. Subscriptions renew automatically at the end of each billing period (monthly or annual) until you cancel. Fees and the current allowance per plan are listed at quakly.ai/pricing.
- Top-up packs. Top-ups are one-off purchases added on top of your plan allowance. They do not expire while your account is active; they are not refundable once applied to the account (see Refund Policy).
- Annual plans are paid up front and carry a 20% discount. Pro-rated refunds apply as described in the Refund Policy.
- Taxes. Fees are exclusive of VAT, sales, or use taxes, which you are responsible for where applicable.
- Failed payments. If a payment fails, we may suspend the Service after notice; top-ups and generated videos remain yours subject to these Terms.
5. Acceptable use
You will not, and will not help anyone else, use the Service to:
- Produce content that is illegal in your jurisdiction or the jurisdiction of your audience, including CSAM, content that incites violence, terrorism-related content, or unlawful harassment.
- Impersonate a real person, public figure, or brand, or clone a voice or likeness without the person's documented consent.
- Infringe intellectual-property rights, trademarks, or publicity rights.
- Generate defamatory content, spam, deceptive political advertising, or content that exploits minors.
- Circumvent rate limits, scrape the Service, reverse-engineer non-public APIs, or interfere with other users' access.
- Upload malware, security exploits, or content designed to harm systems or users.
We may review suspected violations and, where confirmed, suspend accounts, remove content, or terminate access without refund for the period in violation.
6. Content and intellectual property
6.1 Your content
“Your Content” means the prompts, brand assets, voice samples, and other materials you submit, plus the videos and media the Service produces from them. As between you and Quakly, you own Your Content. You grant Quakly a worldwide, non-exclusive, royalty-free licence to host, process, display, and transmit Your Content solely as needed to operate, secure, and improve the Service, including routing content to sub-processors (e.g. OpenAI, Anthropic, ElevenLabs, Runway) per the Privacy Policy. The licence ends when you delete the content or close your account, except for backups and audit logs kept for limited periods.
6.2 Our platform
Quakly and its licensors own the Service, including the software, design, wordmark, and duck artwork. Nothing in these Terms grants you rights to our trademarks, brand, or source code.
6.3 Feedback
If you send us ideas or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation.
7. Third-party platforms
When you connect TikTok, Instagram, YouTube, LinkedIn, or another platform, you authorise us to publish, schedule, and read analytics on your behalf within the OAuth scopes you granted. Those platforms have their own terms and may suspend or remove content independently. We are not responsible for their actions.
8. AI output
Generative models are probabilistic and can produce inaccurate, biased, or unexpected results. Always review output before publishing. You are solely responsible for the content you publish, including compliance with advertising disclosure laws, platform rules, and right-of-publicity obligations.
9. Termination
- You may cancel at any time from your account. Cancellation takes effect at the end of the current billing period (for monthly) or prorated (for annual — see Refund Policy).
- We may suspend or terminate access without refund if you materially breach these Terms or create legal or security risk for Quakly, other users, or third parties.
- Sections on IP, licences, disclaimers, liability, indemnities, and governing law survive termination.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAKLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT WILL ACHIEVE ANY SPECIFIC OUTCOME (REVENUE, VIEWS, OR ENGAGEMENT).
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAKLY AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. OUR AGGREGATE LIABILITY IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE DURING THAT PERIOD (OR USD 100, WHICHEVER IS GREATER). SOME JURISDICTIONS DO NOT PERMIT THESE EXCLUSIONS; TO THE EXTENT THEY DO NOT, THIS SECTION APPLIES TO THE GREATEST EXTENT ALLOWED.
12. Indemnification
You will defend and indemnify Quakly against third-party claims arising from (a) your breach of these Terms, (b) your content or its use, (c) your violation of applicable law, or (d) your infringement of another person's rights.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute, unless a mandatory consumer-protection law in your country requires otherwise. EU and UK consumers retain the right to bring proceedings before their local courts.
14. Changes
We may update these Terms. Material changes will be announced via email or in-product at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept, stop using the Service before the change takes effect.
15. Contact
Questions about these Terms? Email hello@quakly.ai.
This document is a baseline template tailored to Quakly Labs's current stack. Jurisdiction-specific consumer law, sector-specific regulation, and entity structure may require counsel review before commercial use.