Terms of Service

By accessing or using Calota ("the Service"), operated by Calota ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

Calota is an AI-powered ad creative generation platform that allows users to upload reference images and product photos to generate new advertising creatives. The Service includes features such as ad replication, image generation, selective editing, variant creation, team collaboration, ad performance tracking (Creative Tracker), content publishing and scheduling (Publisher), and related tools.

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to update your information as necessary.

Calota offers both free and paid subscription plans. Paid plans are billed monthly through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellations take effect at the end of the current billing period. Refunds are handled on a case-by-case basis at our discretion.

Each plan includes a monthly allocation of generation credits. Credits are consumed when you generate ad creatives, create variants, use the selector editing tool, or perform other generation actions. Unused credits do not roll over to the next billing period. Credit costs vary by feature and output quality (e.g., 4K generations cost 2 credits).

Certain plans allow account owners to invite team members who share the owner's credit pool. Team members generate using the owner's credits. The account owner is responsible for managing team membership and is liable for all usage by team members. We reserve the right to limit team functionality as described in your plan.

You retain ownership of all images, videos, and content you upload to the Service ("User Content"). By uploading User Content, you grant Calota a limited, non-exclusive licence to process, store, and transmit your content solely for the purpose of providing the Service, including hosting uploaded videos on our cloud storage for the purpose of publishing to third-party platforms.

You represent and warrant that you have all necessary rights, licences, and permissions to upload and use any content you provide, including but not limited to reference advertisements, competitor ads, product images, brand assets, moodboard images, and videos intended for publishing. If you upload content owned by a third party (such as a competitor's advertisement), you do so entirely at your own risk and accept full legal responsibility for any consequences arising from such use.

Calota does not verify, review, or validate the intellectual property status of any content uploaded by users. We have no obligation to determine whether User Content infringes on any third party's copyright, trademark, or other intellectual property rights.

Calota does not condone, encourage, or take responsibility for the creation of content that infringes on any third party's intellectual property rights, including copyrights, trademarks, trade dress, or any other proprietary rights.

The Service uses AI technology to generate new images based on reference inputs provided by users. While the AI creates new compositions, the outputs may contain visual elements, styles, layouts, or design patterns that resemble existing copyrighted or trademarked works. You acknowledge and agree that any resemblance between Generated Content and existing copyrighted works is a consequence of the reference inputs you provide, and you bear sole responsibility for ensuring that your use of Generated Content does not infringe on any third party's rights.

Calota is a tool. Like any creative tool, it can be used in ways that are lawful or unlawful. We provide the technology; you are solely responsible for how you use it and for ensuring compliance with all applicable intellectual property laws, advertising regulations, and industry standards in your jurisdiction.

We strongly recommend that users: (a) use reference ads only as general style and layout inspiration rather than direct copies; (b) modify Generated Content sufficiently to create original works; (c) do not replicate trademarked logos, brand names, copyrighted characters, or distinctive brand elements; (d) consult with a qualified intellectual property lawyer if you have any doubts about the legality of your intended use; and (e) respect the creative work of others.

Content generated by the Service ("Generated Content") is AI-generated output produced in response to your inputs. Calota makes no representations or warranties regarding the originality, copyright status, or legal fitness for any purpose of Generated Content.

You acknowledge that: (a) Generated Content is produced by AI and may inadvertently reproduce or closely resemble existing copyrighted or trademarked material; (b) Generated Content may not be eligible for copyright protection in all jurisdictions; (c) similar or identical outputs may be generated for other users using similar inputs; and (d) it is your sole responsibility to review, modify, and clear all Generated Content before use in any commercial, advertising, or public-facing context.

Calota expressly disclaims any and all liability for claims, damages, losses, costs, or legal actions arising from your use of Generated Content, including but not limited to intellectual property infringement claims, unfair competition claims, passing off, or any other claims by third parties.

The Service includes features that allow users to upload reference advertisements and generate new creatives inspired by those references. This feature is intended for creating original ad creatives that draw stylistic inspiration from existing designs — it is not intended for producing direct copies or counterfeits of third-party advertisements.

You acknowledge and agree that: (a) uploading a third party's advertisement as a reference does not grant you any rights to that party's intellectual property; (b) generating output that closely resembles a third party's advertisement may constitute infringement in your jurisdiction; (c) brands, agencies, and other rights holders may have legal claims against you (not Calota) if you produce and publish content that infringes their rights; (d) Calota is not responsible for any loss of revenue, business, or competitive advantage that any third party may claim as a result of your use of the Service; and (e) you will not hold Calota liable for any third-party claims, legal actions, or damages arising from your use of the ad replication features.

We reserve the right to remove, restrict, or modify any features if we determine they are being systematically used for purposes that expose Calota to legal risk.

The Service includes a Content Publisher feature that allows you to connect your social media accounts (including Facebook Pages, Instagram professional accounts, and TikTok accounts) and publish or schedule video content to those platforms directly from within Calota.

By using the Publisher feature, you acknowledge and agree that:

(a) You authorise Calota to act on your behalf when publishing content to your connected social media accounts. Each publish or schedule action is initiated by you and executed by Calota on your behalf using the access tokens you granted during the account connection process.

(b) You are solely responsible for all content published through the Service, including captions, videos, hashtags, and any other media or metadata. Calota does not review, moderate, or approve content before it is published to your accounts.

(c) You must comply with each platform's terms of service, community guidelines, and content policies when publishing through Calota. This includes but is not limited to Meta's Terms of Service and Community Standards, Instagram's Terms of Use and Community Guidelines, and TikTok's Terms of Service and Community Guidelines.

(d) Calota is not liable for any consequences arising from content you publish, including account suspensions, content removals, advertising restrictions, or any penalties imposed by social media platforms as a result of content published through the Service.

(e) You have the authority to publish content to the accounts you connect. If you are publishing on behalf of a client or third party, you represent that you have obtained their explicit consent to connect their accounts and publish content on their behalf.

(f) Video files you upload for publishing are stored on our cloud storage (Cloudflare R2) to make them accessible to the target platforms during the publish process. These files remain stored until you delete them or your account is terminated. You are responsible for ensuring that any video content you upload does not violate applicable laws or third-party rights.

(g) Scheduled posts are processed automatically at the time you specify. Calota will make reasonable efforts to publish scheduled content at the requested time, but does not guarantee exact timing due to platform processing times, rate limits, or temporary service interruptions. If a scheduled post fails, it will be marked as failed in your dashboard and you may retry it manually.

When using the Publisher to post content to TikTok, the following additional terms apply:

(a) By posting content to TikTok through Calota, you agree to TikTok's Music Usage Confirmation and, where applicable, TikTok's Branded Content Policy.

(b) You are responsible for correctly setting privacy levels, interaction settings (comments, duet, stitch), and commercial content disclosures for each post. Calota presents these options to you but does not select defaults on your behalf for privacy settings.

(c) Content published to TikTok may take several minutes to process and become visible on your profile. Calota is not responsible for delays in TikTok's content processing or moderation pipeline.

(d) TikTok may reject or remove content that violates their policies. Calota is not responsible for any content rejected by TikTok's automated moderation systems.

You agree not to use the Service to: (a) intentionally create exact replicas or counterfeits of third-party advertisements, brand materials, or copyrighted works; (b) generate content featuring trademarked logos, brand names, or distinctive brand identifiers without authorisation from the rights holder; (c) create misleading, deceptive, defamatory, or illegal content; (d) produce content that falsely implies endorsement, affiliation, or sponsorship by any third party; (e) attempt to reverse-engineer, abuse, or exploit the Service or its underlying AI models; (f) circumvent usage limits, create multiple free accounts, or use automated systems to abuse the Service; (g) upload content that is illegal, harmful, or violates the rights of others; (h) use the Service for any purpose that violates applicable advertising standards or regulations; (i) resell or redistribute access to the Service without our written consent; (j) use the Publisher to publish spam, unsolicited commercial messages, or content that violates the terms of any connected social media platform; or (k) connect social media accounts that you do not own or have explicit authorisation to manage.

You agree to indemnify, defend, and hold harmless Calota, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your use of Generated Content; (d) any intellectual property infringement or other violation of third-party rights arising from your use of the Service; (e) any breach of these Terms by you; (f) any third-party claim that your use of the Service caused financial loss, reputational damage, or competitive harm to that third party; (g) any content published through the Publisher to your connected social media accounts; or (h) any violation of a social media platform's terms of service or community guidelines resulting from content published through the Service.

The Service, including its design, code, AI models, prompts, workflows, and branding, is owned by Calota and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other brand features.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that Generated Content will be free of intellectual property claims.

To the maximum extent permitted by law, Calota shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings arising from your use of the Service, including damages arising from intellectual property claims by third parties, content published through the Publisher, or any actions taken by social media platforms in response to content published through the Service.

Our total aggregate liability for all claims arising from or related to these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or £100, whichever is greater.

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or modifications that temporarily affect availability. We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Scheduled posts may be affected by service interruptions, and we are not liable for posts that fail to publish due to downtime or third-party platform outages.

We may suspend or terminate your account if you violate these Terms or engage in conduct that we determine is harmful to the Service or other users. You may delete your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately, any scheduled posts will not be published, and your connected social media accounts will be disconnected.

We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date at the top of this page. Continued use of the Service after changes constitutes acceptance of the updated Terms.

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have any questions about these Terms, please contact us at support@calota.ai.