These Terms of Service ("Terms") constitute a binding agreement between you ("you", "the Client") and Proklisi ("Proklisi", "we", "us" or "our"), and govern your use of the website at www.proklisi.com, the Proklisi Client Portal, and the campaign services we provide (together, the "Services").
By accessing the Services, creating an account or placing an order, you accept these Terms in full. If you do not accept them, you must not use the Services. Where you accept these Terms on behalf of a company, you warrant that you have authority to bind it.
Proklisi produces and delivers AI generated influencer and brand content campaigns. The Services are provided to businesses and to individuals acting in a business capacity, and are not offered for personal or household purposes.
You must be at least eighteen years of age and have the legal capacity to enter into a binding contract. You must not use the Services where doing so would be unlawful in your jurisdiction, and you are responsible for determining whether that is the case.
You are responsible for the accuracy of the information supplied on registration, for maintaining the confidentiality of your credentials, and for all activity carried out under your account. You must notify us promptly at support@proklisi.com of any suspected unauthorised access. We may suspend an account where we reasonably believe it has been compromised or is being misused.
The scope, deliverables and duration of each package are as described at the point of purchase. Access to campaign materials in the Client Portal is granted for the period stated at purchase. We may vary the composition of packages for future orders, but such variation does not affect an order already placed.
Campaign production depends on the material you supply. Where you fail to supply required material, or supply material that is incomplete, unusable or unlawful, we may suspend production, and any resulting delay is not a failure to deliver on our part.
All payments are processed securely through an external payment provider certified to PCI DSS Level 1. By completing a purchase you authorise the charge to your chosen payment method. Prices are displayed in United States dollars unless stated otherwise and are exclusive of any tax or duty that may apply in your jurisdiction, for which you are responsible.
AI generated campaigns involve substantial production and processing cost that is incurred at the point of delivery. Accordingly, we are not in a position to offer refunds in respect of campaigns that have been delivered or are in production.
In the event of a verified technical failure on our part, or a demonstrable inability to deliver your order, we will discuss the matter and work towards a reasonable resolution. To raise such a concern, contact support@proklisi.com with your order reference and a description of the issue.
This policy does not affect any statutory right you may have under applicable consumer protection law.
You retain ownership of the brand assets and other material you supply. You grant us a limited, non exclusive, royalty free licence to use, reproduce, adapt and incorporate that material solely for the purpose of producing and delivering your campaign.
You represent and warrant on a continuing basis that you own or are licensed to supply all material you provide, that you hold every right, consent and permission necessary for us to use it as contemplated by these Terms, including in respect of any identifiable person, trade mark or copyright work appearing in it, and that the material is not unlawful, infringing, defamatory or misleading.
Material you supply is collected and stored because you have instructed us to use it and because the Services cannot be delivered without it.
The website, the Client Portal, our production methods, our systems and the Proklisi name and marks are owned by Proklisi and protected by intellectual property law. Nothing in these Terms transfers ownership of them to you.
Subject to payment in full and to the rights of third parties, you may use the delivered campaign output for your own commercial purposes. We make no representation that campaign output is original, is free of third party rights, or is capable of protection by intellectual property rights, and you are responsible for satisfying yourself on those matters before publication.
You must not:
We may suspend or terminate access, and may decline to produce or deliver a campaign, where we reasonably consider that these restrictions have been breached.
Proklisi gives no guarantee as to follower counts, engagement rates, reach, conversion or any other commercial outcome. Platform algorithms and policies lie outside our control and may affect campaign performance. Results described on our website are illustrative and are not contractually guaranteed.
Experimental technology. The Services are produced using artificial intelligence, an emerging and experimental technology. AI systems are probabilistic rather than deterministic and may produce output that is inaccurate, unexpected, inconsistent or unsuitable for a particular purpose, without any indication that this has occurred. These are inherent characteristics of the technology and are not defects in the Services.
Your review, your responsibility. You are solely responsible for reviewing all campaign output before publication and for satisfying yourself that it is accurate, lawful, not misleading, appropriately disclosed as advertising where required, and compliant with the rules of every platform on which you publish it. Proklisi is not responsible for any outcome, consequence, loss or liability arising from your use or publication of campaign output, or from any decision you take in reliance on it.
The Services are otherwise provided on an "as is" and "as available" basis, and to the maximum extent permitted by law we disclaim all implied warranties, including those of merchantability, satisfactory quality, fitness for a particular purpose and non infringement.
You agree to indemnify, defend and hold harmless Proklisi and its owners, officers, employees, contractors and agents from and against any claims, demands, proceedings, liabilities, damages, losses, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:
We may, at our own expense, assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate. This indemnity survives termination.
To the maximum extent permitted by law, Proklisi shall not be liable for any indirect, incidental, special, consequential or punitive damages, nor for any loss of profit, revenue, business, opportunity, goodwill or data, however caused and under any theory of liability, whether or not advised of the possibility of such loss.
To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Services and these Terms shall not exceed the amount paid by you for the campaign package giving rise to the claim.
These limitations apply regardless of the legal theory on which a claim is brought and survive termination. Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.
Either party may terminate the relationship at any time. You may close your account through the Client Portal. We may suspend or terminate an account that breaches these Terms, that presents a risk to the Services or to any third party, or where payment is overdue. No refund is issued in respect of the remaining period on client initiated termination. Provisions concerning intellectual property, disclaimers, indemnification, limitation of liability and governing law survive termination.
We may amend these Terms from time to time. The date at the head of this page records the current version. Material changes will be communicated to registered clients by email before taking effect. Continued use of the Services after that date constitutes acceptance of the revised Terms.
These Terms and any dispute arising out of or in connection with them, including any non contractual dispute, are governed by applicable law as determined by our place of establishment, save where mandatory consumer protection law provides otherwise. Before commencing proceedings, you agree to contact us and to attempt in good faith to resolve the matter informally for a period of thirty days. Thereafter disputes shall be resolved by the competent courts or by binding arbitration, as applicable.
Questions concerning these Terms should be addressed to support@proklisi.com.