Terms of Service
Rules and conditions for using PodKolay. By using the Service, you agree to these Terms.
1. Acceptance
These Terms of Service ("Terms") govern your access to and use of PodKolay (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is operated by an individual (sole operator) and not presented as a registered company or legal entity.
2. Eligibility (18+)
You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
3. Accounts & Security
- You are responsible for maintaining the confidentiality of your account and for all activities under your account.
- You must provide accurate information and keep it up to date.
- You must promptly notify us of suspected unauthorized access.
4. Plans, Credits, Limits
The Service may offer subscription plans and a credits-based usage system. Credits enable access to certain paid actions (for example, high-resolution processing, exports, or other compute-intensive features) and may be subject to daily/monthly limits.
- Credits are non-cash, non-transferable, and have no monetary value outside the Service.
- Credits are consumed when an action is initiated (including queued actions), even if results vary or fail due to third-party limitations.
- We may modify credit costs, limits, plan features, and eligibility rules at any time.
Where required by law, you may have additional rights. Otherwise, credits and digital services are generally non-refundable.
5. Payments (MoR: Lemon Squeezy)
Payments are processed by Lemon Squeezy acting as a Merchant of Record ("MoR"). This means Lemon Squeezy may be the entity that sells the subscription/digital service to you, collects payment information, calculates and remits applicable taxes, and issues receipts. Depending on the checkout method, payments may also be processed by other third-party payment processors (for example, Mor) under their own policies.
- Your payment relationship may be governed by Lemon Squeezy’s terms and policies in addition to these Terms.
- Subscription renewals, cancellations, chargebacks, and refunds (if any) may be handled by the MoR’s systems and rules.
- Except where required by law, we do not provide prorated refunds for unused time or unused credits.
- Some payment methods may involve additional processors (for example, Mor) under their own terms and policies.
6. AI & Third‑Party Services
The Service relies on independent third-party providers (including AI APIs) to perform many actions you request. PodKolay does not own, operate, or control those providers, their models, or their infrastructure.
Important disclaimers
- No guaranteed results: AI outputs are probabilistic and may be inaccurate, low-quality, incomplete, or unsuitable. Outcomes depend heavily on your inputs, prompts, settings, and the current behavior of third-party systems.
- No operational control: We cannot guarantee uptime, performance, availability, or output format of third-party providers. Providers may throttle, refuse, change, or discontinue services at any time.
- Third‑party responsibility: To the maximum extent permitted by law, we disclaim liability arising from third-party providers’ acts or omissions, including failures during processing, hosting, or delivery of outputs.
You are solely responsible for reviewing outputs before commercial use and for ensuring compliance with applicable laws, platform rules, and intellectual property requirements.
7. User Content & Rights
You retain ownership of content you upload ("User Content"). However, you grant PodKolay a limited, non-exclusive, worldwide license to host, transmit, reproduce, and process User Content solely to provide the Service, including sharing with third-party processors when you request an action.
- You represent and warrant that you have all necessary rights to upload and process the User Content.
- You agree not to upload content containing sensitive personal data or confidential information.
- We may remove or restrict content that violates these Terms or applicable law.
8. Acceptable Use
You agree not to:
- Use the Service for illegal activities or to violate others’ rights.
- Upload infringing, unlawful, or harmful content (including content that violates privacy or intellectual property).
- Attempt to reverse engineer, disrupt, overload, or bypass usage limits or security measures.
- Use the Service to generate or distribute malware, scams, or deceptive content.
- Use the Service in ways that could cause harm to minors or exploitative content of any kind.
9. Availability & Changes
The Service is provided on an "as is" and "as available" basis. We may change, suspend, or discontinue any part of the Service at any time, including features, models, integrations, pricing, and usage limits.
10. Suspension & Termination
We may suspend or terminate your access to the Service at any time if we reasonably believe you violated these Terms, created risk for the Service, attempted fraud/abuse, or if required by law or by third-party provider policies.
11. Disclaimers
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Service will be uninterrupted, error-free, or that outputs will meet your expectations.
You understand and agree that you use the Service at your own risk and that AI-generated or AI-processed outputs may be unpredictable.
12. Limitation of Liability
To the maximum extent permitted by law, PodKolay will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service.
To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amount you paid to the MoR for access to the Service in the 30 days preceding the event giving rise to the claim.
13. Indemnity
You agree to indemnify and hold harmless PodKolay from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your User Content, or (c) your violation of these Terms or applicable law.
14. Governing Law
These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict of laws principles. You agree that any dispute will be brought in the competent courts located in Türkiye, unless mandatory consumer protection laws provide otherwise.
15. Contact
Questions about these Terms can be sent to support@podkolay.com.