Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or entity) and Tokia.ai ("we," "us," or "our") concerning your access to and use of the Tokia.ai platform and services.

By accessing or using Tokia.ai, you represent that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• If acting on behalf of an organization, you have authority to bind that organization
• Your use complies with all applicable laws and regulations

2. Definitions

"Platform"

The Tokia.ai website, applications, and all associated services

"Services"

All features, tools, and functionalities provided by Tokia.ai

"User," "you"

Any individual or entity accessing or using our Services

"Seller Account"

An account created by TikTok Shop sellers

"Affiliate"

TikTok content creators participating in affiliate programs

"Content"

Any data, text, messages, or materials submitted through the Platform

"TikTok Data"

Information accessed through TikTok's APIs with user authorization

3. Our Services

3.1 Service Description

Tokia.ai provides an automated platform that:

• Connects TikTok Shop sellers with potential affiliate partners
• Analyzes affiliate performance metrics and compatibility
• Automates outreach and communication processes
• Provides campaign management and analytics tools
• Facilitates affiliate relationship management

3.2 Service Availability

We strive to maintain service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance
• System upgrades
• Technical issues
• Circumstances beyond our control

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

4. Account Terms

4.1 Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password confidential
• Accept responsibility for all account activity
• Notify us immediately of unauthorized access

4.2 Account Restrictions

• One account per individual or business entity
• No sharing of account credentials
• No automated account creation
• No false or misleading account information

4.3 Account Suspension

We may suspend or terminate accounts that violate these Terms, without prior notice or liability.

5. TikTok Integration

5.1 Authorization

By connecting your TikTok account, you authorize us to:

• Access your TikTok Shop data
• Retrieve affiliate program information
• Send messages on your behalf (with your explicit consent)
• Analyze performance metrics

5.2 TikTok Terms Compliance

You acknowledge that:

• Your use must comply with TikTok's Terms of Service
• We are not affiliated with or endorsed by TikTok
• TikTok may change their API or terms at any time
• Service interruptions may occur due to TikTok platform changes

5.3 Data Usage

TikTok data accessed through our platform is:

• Used solely for providing our Services
• Subject to our Privacy Policy
• Not sold to third parties
• Deleted upon account termination (subject to legal requirements)

6. Acceptable Use Policy

6.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You agree NOT to:

• Violate Laws: Use Services for illegal purposes or to violate any laws
• Spam: Send unsolicited messages or engage in spamming activities
• Harassment: Harass, abuse, or harm other users or affiliates
• Misrepresentation: Impersonate others or provide false information
• Manipulation: Artificially inflate metrics or manipulate data
• Scraping: Use automated means to extract data without permission
• Interference: Disrupt or interfere with platform operations
• Reverse Engineering: Attempt to decode or reverse engineer our software
• Security Breach: Attempt to breach security measures or access unauthorized data
• Competitive Use: Use our Services to develop competing products

6.3 Content Standards

All content you submit must:

• Be accurate and truthful
• Not infringe on intellectual property rights
• Not contain malicious code or viruses
• Comply with applicable laws and regulations
• Be appropriate for a professional business environment

7. Payment Terms

7.1 Subscription Plans

• Subscription fees are billed in advance
• All fees are in USD unless otherwise specified
• Prices are subject to change with 30 days notice

7.2 Payment Processing

• Payments are processed by third-party providers (Stripe, PayPal)
• You authorize automatic billing for recurring subscriptions
• You are responsible for keeping payment information current

7.3 Refunds

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rated refunds at our discretion
• Refunds for service issues evaluated case-by-case

7.4 Taxes

You are responsible for all applicable taxes related to your use of our Services, except for taxes based on our income.

8. Intellectual Property

8.1 Our Property

Tokia.ai and its licensors retain all rights to:

• The Platform and Services
• All software, designs, and technology
• Trademarks, logos, and brand elements
• Content we create or provide
• Analytics methodologies and algorithms

8.2 Your Content

You retain ownership of content you submit, but grant us a worldwide, non-exclusive, royalty-free license to:

• Use, store, and display your content to provide Services
• Analyze content to improve our Services
• Share content as necessary for Service operation

8.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

9. Privacy

Your use of our Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using Tokia.ai, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers

We specifically disclaim all warranties including:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of Services
• Uninterrupted or error-free operation
• Results from using our Services
• Security or data loss prevention

No Guarantee of Results: We do not guarantee:

• Specific affiliate matches or partnerships
• Response rates from affiliates
• Sales or revenue increases
• Success of marketing campaigns

11. Limitation of Liability

Our total liability shall not exceed the greater of:

• $100 USD, or
• The amount you paid us in the 12 months before the claim

These limitations apply regardless of legal theory and even if we knew of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tokia.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or activities
• Your TikTok account activities

13. Termination

13.1 Termination by You

You may terminate your account at any time through account settings or by contacting support@tokia.ai.

13.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Your actions harm other users or our reputation
• Required by law or legal process

13.3 Effect of Termination

Upon termination:

• Your access to Services immediately ceases
• Unpaid fees become immediately due
• We may delete your data (subject to legal requirements)
• Sections that should survive termination will continue to apply

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

14.2 Dispute Resolution

Informal Resolution: We prefer to resolve disputes informally. Contact us at legal@tokia.ai before filing any formal proceedings.

Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration under the rules of [Arbitration Organization], except you may assert claims in small claims court if eligible.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Email notification for significant changes

Continued use after changes constitutes acceptance of modified Terms.

16. Contact Information