Terms of Service

These Terms of Service are a contract between you and Use Pocky LLC, a New York limited liability company at 418 Broadway #6354, Albany, NY 12207("Pocky", "we", "us"). They govern your use of usepocky.com and the Pocky application. By creating an account, clicking to accept, or using the service, you agree to them. If you do not agree, do not use the service.

The following are part of this agreement and are incorporated by reference: the Acceptable Use Policy, the Refund and Cancellation Policy, and the Privacy Policy. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and "you" means that company.

You must be at least 18 years old and capable of forming a binding contract. You must not be barred from receiving services under applicable United States law, including export control and sanctions law.

You need an account to use Pocky. Give accurate information, keep your credentials secure, and tell us promptly if you believe someone else has access. You are responsible for everything that happens under your account. One account is for one person or one business; do not share credentials or resell access.

We may require you to verify your email address before you can generate briefs.

Pocky takes the brand and product information you provide and uses a third-party AI model to generate creator briefs, hooks and scripts. The service is provided on an ongoing basis and we may add, change, suspend or remove features. If we make a change that materially reduces the core functionality of a plan you are paying for, we will give you notice by email and you may cancel under the Refund and Cancellation Policy.

Some features may be labeled beta, preview or early access. Those are provided as-is, may change or disappear without notice, and are excluded from any commitment we make elsewhere. We do not offer an uptime commitment or a service level agreement.

Plans and allowances

Pocky is sold as monthly and annual subscription plans. Each plan includes an allowance of briefs per calendar month and a limit on the number of brands. Current plans, prices and allowances are on the pricing page, and the price you are charged is the price shown at checkout. Allowances reset at the start of each calendar month, in UTC, and do not roll over.

Metering

• One generated brief consumes one brief from your allowance. Regenerating a single brief consumes two, and is not available on the free plan.
• Changing a campaign's camera angle regenerates every brief in that campaign and consumes one for each. That is available on every plan.
• A generation that fails does not consume anything, with one exception: if a camera-angle change fails part-way, we restore your previous briefs, and the briefs that had already generated still count. Email us and we will credit them back.
• We apply your plan allowance first and your purchased credits second.
• We apply daily and monthly limits as an abuse and cost control, independent of your plan allowance. Studio has no monthly brief allowance, but it is still subject to those limits, which are set well beyond normal Studio use.

Credit top-ups

Top-up packs are not on sale yet. When they are, accounts with an active paid subscription will be able to buy a one-time pack of 50 briefs for $19. Purchased credits expire 12 months after purchase, and they can only be purchased while a paid subscription is active. Full terms, including what happens on cancellation, are in the Refund and Cancellation Policy.

Payment and renewal

Payments are processed by Stripe. By subscribing you authorize us to charge your payment method the subscription fee, plus applicable taxes, at the start of each billing period, automatically, until you cancel. Your subscription renews for successive periods of the same length until canceled. You can cancel at any time from the billing page in your account, which takes effect at the end of the period you have already paid for.

We may change prices. A price change applies from your next renewal, and we will email the address on your account at least 30 days before it takes effect, so that you can cancel first if you prefer. If a payment fails we may retry it and may suspend access until it succeeds. You are responsible for sales and use taxes other than taxes on our income.

"Your Content" means everything you put into Pocky: brand profiles, product descriptions, audience notes, uploaded or pasted brand documents, and anything else you submit. As between you and us, you own Your Content and you keep all rights in it.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit and process Your Content for the sole purpose of operating and providing the service to you. That expressly includes transmitting it to our AI model provider to generate briefs, and sublicensing it to the subprocessors listed on our subprocessors page to the extent they need it to deliver the service. The license ends when you delete the content or close your account, subject to the retention periods in the Privacy Policy.

We do not use Your Content to train AI models. We do not use it for any purpose beyond running the service, other than the narrow safety, aggregate, feedback and legal exceptions described in the Privacy Policy.

You represent that you have the rights to submit Your Content and that doing so does not infringe anyone else's rights or violate any law. Do not upload personal information about other people that you are not entitled to share, and do not upload someone else's confidential material.

Ownership

"Output" means the briefs, hooks, scripts and other material the service generates for you. Subject to your compliance with this agreement, we assign to you all of our right, title and interest, if any, in and to the Output. You may use it for any lawful purpose, including commercially.

What we cannot promise about it

• Output may not be protectable. Material generated by an AI system without sufficient human authorship may not be eligible for copyright protection anywhere. The words "if any" in the assignment above are doing real work.
• Output is not unique. The same or similar output may be generated for other customers, including your competitors, from similar inputs. We make no representation that Output is original or that it does not resemble existing material.
• Output is not guaranteed to be non-infringing, accurate, or fit for your purpose. You are responsible for reviewing it before use.

Disclosing that content is AI-assisted

Pocky is an AI tool and its Output is AI-generated. Where the law, a platform's rules, or an advertising standard requires you to disclose that content was produced with AI assistance, that disclosure is your responsibility. We will not make it for you.

This section is the most important one in this agreement, because it is the one people skip.

Pocky produces drafts of marketing material. The moment you publish a brief, hand it to a creator, or run it as an ad, the claims in it become your claims, and you are the advertiser. That means:

• You must have a reasonable basis, meaning competent and reliable evidence, for every objective claim before it is disseminated. Health-related claims require competent and reliable scientific evidence.
• You must not use Output as, or to create, a review, testimonial or endorsement that did not come from a real person with real experience of the product.
• You must disclose material connections between you and anyone who endorses your product, including creators you pay or gift.
• You must comply with all advertising, consumer protection and platform rules that apply to you, including those of the FTC and of any platform where the content runs.

We do not review, approve or substantiate anything you publish, and we have no ability to. Nothing in the service is legal, medical, financial or regulatory advice.

Your use of Pocky is subject to the Acceptable Use Policy, which forms part of this agreement. Because Pocky runs on Anthropic's models, your use is also subject to Anthropic's Usage Policy as it applies to content generated through the service. A breach of either is a breach of this agreement.

Pocky depends on third parties, including Anthropic for model inference, Stripe for payments, and the infrastructure and analytics providers listed on our subprocessors page. Your use of the service is also subject to their terms where those terms apply to you, and we are not responsible for their acts or omissions, or for an outage or change on their side. If you sign in with Google, your use of that sign-in is subject to Google's terms.

The service itself, including the software, the prompts, the interface and the Pocky name and marks, belongs to us and our licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the service during your subscription, for your own business purposes. You may not copy, modify, reverse engineer, scrape, resell or create a competing product from the service, use it to train a competing AI model, or remove any proprietary notice. Automated access outside our published interfaces is not permitted.

If you send us ideas, bug reports or suggestions, we may use them without restriction or obligation to you. This does not give us any rights in Your Content or Output beyond section 6.

You may stop using Pocky at any time and cancel your subscription from the billing page. We may suspend or terminate your access, with notice where practical, if you breach this agreement or the Acceptable Use Policy, if your use creates a security, legal or cost risk to the service, if payment fails, or if we discontinue the service entirely.

On termination, your right to use the service ends immediately. Sections 6 (as to the license needed for retained copies), 7, 8, 11, 12, 14, 15, 16, 18 and 19 survive. Termination for breach does not entitle you to a refund of fees already paid. If we terminate for convenience, or discontinue the service, we will refund the unused portion of any prepaid subscription period and any unused credits at the price you paid for them.

The service and all output are provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied and statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, secure or error free, that defects will be corrected, or that Output will be accurate, original, non-infringing, effective, or compliant with any law or platform rule that applies to you. Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or loss of data, arising out of or relating to this agreement, however caused and on any theory of liability, even if advised of the possibility.

Our total aggregate liability arising out of or relating to this agreement will not exceed the greater of (a) the total amount you paid us in the twelve months immediately before the event giving rise to the claim, and (b) one hundred United States dollars.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. The limits in this section are a fundamental part of the bargain between us and apply even if a limited remedy fails of its essential purpose.

You will defend, indemnify and hold harmless Use Pocky LLC and its members, officers, employees and contractors from any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense, including reasonable legal fees, arising out of or relating to:

1. Your Content, including any claim that it infringes or misappropriates a third party's rights.
2. Your use of Output, including any advertising claim, endorsement, review or representation you publish, and any failure to substantiate it.
3. Your breach of this agreement, the Acceptable Use Policy, or any law or platform rule.
4. Your violation of the rights of any third party.

We will notify you of the claim, give you control of the defense, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

We may update these terms. For a material change we will give notice by email to the address on your account, or in the product, at least 30 days before it takes effect. Continuing to use the service after the effective date means you accept the new terms. If you do not accept them, cancel before they take effect. The effective date at the top of this page always reflects the current version.

This agreement is governed by the laws of the State of New York, without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Talk to us first

Before filing anything, email ops@usepocky.com with a description of the dispute and what you want. Both parties agree to try in good faith to resolve it informally for 30 days from that notice. Most problems are billing problems and are fixed in a day.

Where claims are heard

If the dispute is not resolved, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and each party consents to personal jurisdiction there. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Any claim must be brought within one year after it arises, or it is permanently barred, to the extent that limit is enforceable where you live.

• Entire agreement. These terms and the policies incorporated into them are the whole agreement between us about the service, and replace any earlier understanding.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary, or severed, and the rest stays in force.
• No waiver. Not enforcing a provision once is not a waiver of it.
• Assignment. You may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for a delay or failure caused by something outside its reasonable control, including an outage at a third-party provider.
• Notices. We give notice by email to the address on your account, or by posting in the product. You give notice to us at the addresses in section 20.
• Relationship. Nothing here creates a partnership, agency or employment relationship, and there are no third-party beneficiaries.
• Publicity. We will not use your name or marks as a customer reference without your permission.

Support and billing, privacy and abuse reports: ops@usepocky.com. By post: Use Pocky LLC, 418 Broadway #6354, Albany, NY 12207.