Terms of Service

Last updated: 13 April 2026

These Terms of Service ("Terms") are a legally binding agreement between you ("you", "your", "Creator", "Customer") and PIXATECH AI LTD, a company registered in England and Wales under company number 17103598, with its registered office at 66 Paul Street, London, England, EC2A 4NA ("Kloya", "we", "us", "our").

You can contact us at team@pixastack.app.

1. Acceptance of Terms

By creating an account, accessing, or using Kloya (the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, "you" refers to that entity.

2. Description of Service

Kloya is an AI-powered social media engagement platform. The Service automates direct message (DM) replies and comment replies on supported third-party platforms, currently including Instagram and Threads. Kloya uses artificial intelligence to generate responses that reflect the creator's configured voice, tone, and knowledge base.

The Service includes, but is not limited to: AI-generated DM and comment responses, fan conversation management, creator knowledge base configuration, usage analytics, and subscription-based access to message credits.

3. Account Registration

To use the Service, you must create an account. You must be at least 18 years of age to register. By creating an account, you represent and warrant that:

  • You are at least 18 years old;
  • All information you provide during registration is accurate, current, and complete;
  • You will maintain and promptly update your account information to keep it accurate;
  • You are responsible for maintaining the confidentiality of your login credentials;
  • You are responsible for all activities that occur under your account.

You must notify us immediately at team@pixastack.app if you become aware of any unauthorised use of your account.

4. Subscription Plans and Billing

4.1 Plans. Kloya offers the following subscription tiers:

  • Free — $0/month, up to 100 AI-generated responses per month;
  • Creator — $19/month, up to 3,000 AI-generated responses per month;
  • Pro — $49/month, up to 10,000 AI-generated responses per month;
  • Agency — $199/month, up to 100,000 AI-generated responses per connected profile per month.

All prices are stated in US Dollars (USD). If your payment method is denominated in a different currency, your bank or payment provider may apply its own exchange rate and fees.

4.2 Auto-Renewal. Paid subscriptions renew automatically at the end of each monthly billing cycle. You will be charged the then-current subscription fee unless you cancel before the renewal date.

4.3 Credit Top-Ups. You may purchase additional message credits ("top-ups") at any time. Credit top-ups expire 12 months from the date of purchase. Unused credits are not refundable except as required by applicable law.

4.4 Cancellation. You may cancel your paid subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period, after which your account will revert to the Free tier. You will not be charged for subsequent billing cycles.

4.5 Cooling-Off Period (UK/EU Consumers). If you are a consumer in the United Kingdom or the European Union, you have a statutory right to cancel your subscription within 14 days of purchase without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To exercise this right, you must notify us at team@pixastack.app before the 14-day period expires. If you have used the Service during the cooling-off period, we may deduct a proportionate amount for the service already provided. If you have not used the Service, you will receive a full refund within 14 days of our receipt of your cancellation notice.

4.6 Refunds. Outside of the statutory cooling-off period described in Section 4.5, subscription fees are non-refundable. This does not affect your statutory rights as a consumer under applicable law.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

  • Send spam, unsolicited bulk messages, or misleading content;
  • Engage in harassment, abuse, threats, hate speech, or any form of bullying;
  • Generate or distribute content that is illegal, defamatory, obscene, or infringes upon the rights of any third party;
  • Impersonate another person or entity, or misrepresent your affiliation with any person or entity;
  • Violate the terms of service, community guidelines, or acceptable use policies of any connected third-party platform (including Instagram and Threads);
  • Distribute malware, viruses, or other harmful code;
  • Attempt to gain unauthorised access to the Service, other users' accounts, or any related systems or networks;
  • Use the Service for any activity that violates applicable laws or regulations, including data protection laws.

We reserve the right to suspend or terminate your account if we reasonably determine that you have breached this Section 5.

6. AI-Generated Content

6.1 Nature of AI Content. The Service uses artificial intelligence to generate text-based responses on your behalf. AI-generated content is produced algorithmically and may not always be accurate, appropriate, or aligned with your intentions. You acknowledge that AI technology has inherent limitations.

6.2 Your Responsibility. You are solely responsible for reviewing, approving, and managing all AI-generated content sent from your account. You must configure the Service appropriately (including voice, tone, and knowledge base settings) to reflect your desired communication style. Kloya is not liable for any consequences arising from AI-generated content that you have not reviewed or that produces unintended results.

6.3 No Warranty of Accuracy. Kloya does not guarantee the accuracy, completeness, appropriateness, or fitness for purpose of any AI-generated content. The Service is provided as a tool to assist your engagement with your audience, not as a substitute for your own judgment.

7. Intellectual Property in AI-Generated Content

7.1 Your Content. You retain all intellectual property rights in the content you provide to the Service, including your knowledge base entries, voice configuration, sample messages, and any other materials you upload or input ("Your Content").

7.2 Computer-Generated Works. AI-generated responses produced by the Service may constitute "computer-generated" works within the meaning of Section 9(3) of the Copyright, Designs and Patents Act 1988 ("CDPA 1988"). To the extent that Kloya is deemed the author of any such works, we hereby assign to you all copyright and other intellectual property rights in those works, effective upon their creation. You accept this assignment. If any further instrument of assignment is required, we agree to execute it promptly upon your reasonable request.

7.3 Processing Licence. You grant Kloya a non-exclusive, worldwide, royalty-free licence to use, process, reproduce, and transmit Your Content and any AI-generated content solely for the purposes of providing, maintaining, and improving the Service. This licence terminates when you delete your account, subject to any reasonable period required for backup deletion.

8. Multi-User and Agency Accounts

If you subscribe to a plan that permits multiple users or manage multiple creator profiles (such as the Agency plan), the account owner is responsible for all activity conducted by team members and sub-users under that account. You must ensure that all users with access to your account comply with these Terms. We may hold the account owner liable for any breach of these Terms by any team member or sub-user.

9. Third-Party Platform Dependency

The Service relies on APIs and integrations provided by third-party platforms, including but not limited to Instagram and Threads (operated by Meta Platforms, Inc.). Kloya does not control these platforms and is not responsible for their availability, functionality, terms of service, or any changes they make to their APIs. You acknowledge that:

  • The Service may be interrupted, limited, or degraded due to third-party platform changes, outages, or API restrictions;
  • Third-party platforms may modify, restrict, or revoke API access at any time without notice to Kloya;
  • You must comply with the terms of service of all connected third-party platforms;
  • Kloya is not liable for any loss or damage caused by third-party platform actions, including account suspension or data loss on those platforms.

10. Data Processing

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

Where you use the Service to process messages from your fans, followers, or other end users ("Fan Data"), you acknowledge the following:

  • You are the data controller for Fan Data under the UK General Data Protection Regulation (UK GDPR) and, where applicable, the EU General Data Protection Regulation (EU GDPR);
  • Kloya acts as a data processor on your behalf when processing Fan Data through the Service;
  • You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including having a lawful basis for processing Fan Data;
  • You must provide appropriate transparency to your fans about how their data is processed, including through the Service.

If a Data Processing Agreement is required for your use of the Service, please contact us at team@pixastack.app.

11. Intellectual Property

All rights, title, and interest in and to the Service, including its software, design, branding, logos, documentation, and all other materials provided by Kloya (collectively, "Kloya IP"), are and remain the exclusive property of PIXATECH AI LTD. Nothing in these Terms grants you any right to use Kloya IP except as expressly set out herein.

You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works of any part of the Service without our prior written consent.

12. Limitation of Liability

12.1 Service Provided "As Is". To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 Exclusion of Certain Losses. To the fullest extent permitted by applicable law, Kloya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, however caused, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if Kloya has been advised of the possibility of such damages.

12.3 Cap on Liability. Subject to Section 12.4, Kloya's total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service shall not exceed the greater of (a) the total fees you have paid to Kloya in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred US Dollars ($100).

12.4 Matters Not Excluded. Nothing in these Terms excludes or limits Kloya's liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • Any breach of your rights under the Consumer Rights Act 2015;
  • Any other liability that cannot be excluded or limited by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless PIXATECH AI LTD, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Service, including any AI-generated content sent from your account;
  • Your breach of these Terms;
  • Your violation of any applicable law or regulation;
  • Your infringement of any third-party rights;
  • Any claim by a third party arising from content generated through your use of the Service.

This indemnification obligation does not apply to the extent that a claim arises from Kloya's own negligence or wilful misconduct.

14. Termination

14.1 Termination by You. You may terminate your account at any time through your account settings or by contacting us at team@pixastack.app.

14.2 Termination by Kloya. We may suspend or terminate your account if:

  • You materially breach these Terms and fail to remedy the breach within 14 days of receiving written notice from us (right to cure);
  • You engage in conduct that poses a risk to other users, third parties, or the integrity of the Service;
  • We are required to do so by law or by a court order.

Where reasonably practicable, we will provide you with at least 30 days' notice before terminating your account for reasons other than material breach or legal requirement.

14.3 Data Export. Upon termination, you will have a period of 30 days to export your data from the Service. After this period, we may delete your data in accordance with our Privacy Policy. We will provide reasonable assistance with data export upon request.

14.4 Effect of Termination. Upon termination, your right to use the Service ceases immediately (subject to the data export window). Sections 6, 7, 10, 11, 12, 13, 16, and 17 shall survive termination.

15. Dispute Resolution

15.1 Informal Resolution. Before initiating any formal proceedings, you agree to contact us at team@pixastack.app and attempt to resolve the dispute informally for at least 30 days.

15.2 Alternative Dispute Resolution. If you are a consumer in the United Kingdom or the European Union and we are unable to resolve a dispute informally, you may be entitled to use an approved alternative dispute resolution (ADR) provider. We will provide further details of any applicable ADR provider upon request.

15.3 EU Online Dispute Resolution. If you are a consumer in the European Union, you may also submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

15.4 Jurisdiction. Nothing in this Section 15 limits your right to bring proceedings in the courts of the jurisdiction in which you reside, where applicable under mandatory consumer protection law.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, provided that if you are a consumer, you may also bring proceedings in the courts of the country in which you are domiciled.

17. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you at least 30 days before the changes take effect by email to the address associated with your account or by prominent notice within the Service.

If you do not agree with the updated Terms, you may terminate your account before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes.

18. General Provisions

18.1 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18.2 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

18.3 Entire Agreement. These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Kloya with respect to the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.

18.4 Force Majeure. Kloya shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party platform outages. We will use reasonable efforts to mitigate the effect of any force majeure event and to resume performance as soon as reasonably practicable.

18.5 Waiver. No failure or delay by Kloya in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be construed as a waiver of that right or remedy on any future occasion.

18.6 Third-Party Rights. These Terms do not confer any rights on any person or party other than you and PIXATECH AI LTD (and our respective successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

19. Contact

If you have any questions about these Terms, please contact us:

  • PIXATECH AI LTD
  • 66 Paul Street, London, England, EC2A 4NA
  • Company number: 17103598
  • Email: team@pixastack.app