Terms and conditions

Effective Date: January 15, 2025

These Terms of Service ("Terms") govern your access to and use of the Services provided by Holo LT ("Holo", "Company", "we", "us", "our") to you ("Client", "Customer", "you", "your").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services.

1. Definitions

1.1 "Account" means the user profile required to access the Services, created by registering at https://tryholo.ai

1.2 "Brand" means your trademark and associated visual identity submitted for use with the Services

1.3 "Credits" means virtual credits enabling you to generate and download Content

1.4 "Content" means all marketing materials (texts, images, emails, ads) generated through the Services

1.5 "Services" means Holo's AI-powered content creation platform enabling you to generate Content

1.6 "Subscription" means your enrollment and agreement to pay fees for ongoing access to the Services

1.7 "Subscription Plan" means the specific plan level you subscribe to (Starter, Professional, or Scale)

2. Access and Use

2.1 Grant of Rights

We grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during your Subscription period solely for your internal business purposes and in accordance with these Terms.

2.2 Restrictions

You shall not, and shall not permit any third party to:

Copy, reproduce, modify, distribute, or reverse engineer the Services
Use the Services for any illegal, fraudulent, or unauthorized purpose
Upload, generate, or distribute content that violates any applicable law or third-party rights
Upload, generate, or distribute sexually explicit or pornographic content, including but not limited to:
- Depictions of sexual acts or simulated sexual acts
- Nudity or exposed genitalia of real or realistic human figures
- Explicit sexual behavior involving individuals or multiple participants
Use the Services to generate content intended primarily for sexual arousal when such content includes nudity or sexual acts

For clarity:
The creation of marketing or product visuals for adult products (including sex toys) is permitted provided that the content does not depict nudity, sexual acts, or explicit sexual behavior.

Attempt to gain unauthorized access to the Services or related systems
Resell, sublicense, or otherwise make the Services available to third parties without prior written consent

2.3 Enforcement and Account Termination

We reserve the right, at our sole discretion, to suspend, restrict, or permanently terminate any Account at any time and without prior notice or explanation if we determine that content or usage violates these Terms, applicable laws, or our content policies.

Such enforcement actions may be taken immediately and without liability to you.

2.4 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted under your Account.

3. Services

3.1 Service Delivery. Services are deemed delivered upon providing access credentials, regardless of actual usage.

3.2 AI-Generated Content. Due to the nature of AI, Content may not be unique and similar results may be generated for other users.

3.3 Account Management. You may cancel your Account at any time by emailing support@tryholo.ai

4. Subscription and Payment

4.1 Fees. Current pricing is displayed at https://tryholo.ai/pricing. We may modify fees with 30 days notice.

4.2 Billing Cycles.

Monthly plans: Billed monthly in advance
Quarterly plans: Billed every 3 months in advance
Annual plans: Billed annually in advance
Automatic renewal unless cancelled

4.3 Cancellation.

Cancellation takes effect at the end of your current billing period
You retain access to the Services until the end of your paid period
No partial refunds for unused time (except as provided in Section 4.6)

4.4 Payment Methods. We accept major credit cards (Visa, Mastercard, American Express, Discover). You must provide accurate billing information.

4.5 Credits. Unused Credits do not roll over between billing periods.

4.6 Refund Policy.

Full refund available within 14 days of subscription date
Eligibility: You must not have created more than 35 content pieces
Refund requests must be sent to support@tryholo.ai
No refunds after 14 days or after creating more than 35 ads post-onboarding

4.7 Promotional Pricing and Discounts.
Any discount, promotional code, or reduced pricing applied at checkout applies only to the first billing cycle unless explicitly stated otherwise at the time of purchase. After the initial discounted period, your Subscription will automatically renew at the then-current standard rate for your Subscription Plan as displayed at https://tryholo.ai/pricing. By completing your purchase with a promotional discount, you acknowledge and agree to this pricing structure.

5. Intellectual Property

5.1 Holo Property. All Services, including software, algorithms, and platform elements, remain our exclusive property.

5.2 Your Content. You retain rights to your Brand and input materials. You grant us a license to use them solely to provide the Services.

5.3 Generated Content. You own the Content generated for you, subject to the non-exclusivity provisions in Section 3.2.

6. Disclaimers

6.1 "AS IS" BASIS. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

6.2 No Guarantee. We do not guarantee the Services will be uninterrupted, error-free, or meet your specific requirements.

6.3 Limitation of Liability. Our total liability shall not exceed the fees paid by you in the six months preceding any claim.

7. Data Privacy

7.1 Data Use. We process your data solely to provide the Services, as detailed in our Privacy Policy.

7.2 Data Security. We implement industry-standard security measures to protect your data.

7.3 GDPR Compliance. We comply with applicable data protection laws including GDPR.

8. Termination

8.1 By You. You may terminate at any time subject to the cancellation requirements in Section 4.3.

8.2 By Us. We may suspend or terminate your access for:

Breach of these Terms
Non-payment
Illegal or harmful use
Violation of third-party rights

9. Confidentiality

Each party shall maintain the confidentiality of the other party's Confidential Information using reasonable care and shall not disclose it to third parties.