Terms & Conditions

Last Updated: 23/03/2026

‍Welcome to the Euka AI platform (the “Services”), operated by EukaAI Corporation (“EukaAI,” “we,” “us,” or “our”). These Terms of Service (these “Terms”) govern your access to and use of the Services, including our AI-powered affiliate marketing platform, creator outreach tools, analytics dashboards, and all related software, applications, and documentation.

By clicking “I Agree,” creating an account, or otherwise accessing or using the Services, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

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IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Definitions

“Aggregated Statistics” means data and information related to your use of the Services that is used by Euka AI in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.

“Authorized User” means your employees, consultants, contractors, and agents who are authorized by you to access and use the Services under the rights granted pursuant to these Terms and for whom access has been purchased.

“Benchmarking” means any testing, evaluation, comparison, or analysis of the Services (including their features, functionality, performance, availability, or pricing) against or in relation to any competing or comparable products, services, or technologies, whether conducted by you, an Authorized User, or any third party on your behalf.

“Customer Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you or an Authorized User through the Services, including affiliate data, campaign data, and creator communications.

“Documentation” means our end user documentation, user manuals, help articles, and guides relating to the Services, as made available on our website or within the platform.

“Euka AI IP” means the Services, the Documentation, and any and all intellectual property provided to you or any Authorized User in connection with the foregoing. For the avoidance of doubt, Euka AI IP includes Aggregated Statistics, AI models, algorithms, creator-matching logic, outreach templates, and any information, data, or other content derived from our monitoring of your access to or use of the Services, but does not include Customer Data.

“Third-Party Platforms” means third-party services integrated with or accessed through the Services, including but not limited to TikTok, TikTok Shop, and any other social commerce platforms.

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2. Access and Use‍

2.1 Provision of Access.

Subject to your payment of applicable Fees and compliance with these Terms, Euka AI grants you a non-exclusive, non-transferable right to access and use the Services during the Term, solely for your internal business purposes by Authorized Users in accordance with these Terms. The number of Authorized Users shall not exceed the limits of your subscription plan.

2.2 Documentation License.

Subject to these Terms, Euka AI grants you a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for your internal business purposes in connection with your use of the Services.

2.3 Use Restrictions.

You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit any Authorized User or third party to:

(a) copy, modify, or create derivative works of the Services or Documentation, in whole or in part;

(b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation to any third party;

(c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;

(d) remove any proprietary notices from the Services or Documentation;

(e) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;

(f) access the Services in order to build a competitive product or service, or copy any features, functions, or user interface of the Services;

(g) use the Services to send unsolicited messages or communications in violation of applicable law, including anti-spam legislation;

(h) interfere with or disrupt the integrity or performance of the Services or any Third-Party Platform integrations;

(i) attempt to gain unauthorized access to the Services or related systems or networks; or

(j) use any automated means, including bots, scrapers, or crawlers, to access or interact with the Services except through Euka AI’s authorized features and tools.

2.4 Benchmarking and Competitive Use Restrictions.

You acknowledge and agree that the Services contain proprietary and competitively sensitive technology, algorithms, methodologies, and performance data. Accordingly, you shall not, and shall not permit any Authorized User or third party to:

(a) Benchmarking. Conduct, commission, facilitate, or participate in any Benchmarking of the Services, or any component thereof, without Euka AI’s prior written consent. This includes, without limitation, any testing, evaluation, or analysis that compares the Services’ performance, features, functionality, speed, accuracy, pricing, or results against any competing or comparable product or service;

(b) Publication of Comparisons. Publish, distribute, disclose, or otherwise disseminate to any third party—whether in written, electronic, oral, or any other form—any results, findings, analyses, reports, marketing materials, comparative flyers, competitive assessments, or other information arising from or related to any Benchmarking or comparison of the Services. This prohibition includes, but is not limited to, sharing such information with prospective customers, investors, analysts, media, competitors, or at trade shows, conferences, or industry events;

(c) Competitive Intelligence. Use the Services, or any information derived from the Services (including performance metrics, feature sets, output data, response times, conversion data, or analytics), to develop, enhance, market, or sell any competing product or service, or to provide competitive intelligence to any third party;

(d) Circulation of Information. Circulate, transmit, or make available to any external source—including competitors, industry groups, trade publications, consultants, or advisory firms—any proprietary information about the Services’ capabilities, limitations, pricing, technical specifications, roadmap, or performance data, whether obtained through direct use of the Services or otherwise; or

(e) Assisting Third Parties. Assist, enable, or encourage any third party (including affiliates, partners, or contractors) to engage in any of the activities described in Sections 2.4(a) through 2.4(d) above.

If Euka AI consents in writing to any Benchmarking, you agree that: (i) the scope, methodology, and parameters of such Benchmarking must be approved by Euka AI in advance; (ii) you shall provide Euka AI a reasonable opportunity to review any proposed publication of results at least thirty (30) days prior to publication; and (iii) Euka AI may require modifications to ensure the accuracy and fairness of any published results.

Remedies. You acknowledge that any breach of this Section 2.4 would cause Euka AI irreparable harm for which monetary damages would be an inadequate remedy. In addition to any other rights and remedies available at law or in equity, Euka AI shall be entitled to seek immediate injunctive and other equitable relief, without the requirement of posting a bond or proving actual damages.

2.5 Reservation of Rights.

Euka AI reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Euka AI IP.

2.6 Suspension.

Notwithstanding anything to the contrary in these Terms, Euka AI may temporarily suspend your and any Authorized User’s access to any portion or all of the Services if: (a) we reasonably determine that there is a threat or attack on any of the Euka AI IP; (b) your or any Authorized User’s use of the Euka AI IP disrupts or poses a security risk to the Euka AI IP or to any other customer or vendor; (c) you or any Authorized User is using the Euka AI IP for fraudulent or illegal activities; (d) you have breached Section 2.3 or Section 2.4 of these Terms; (e) subject to applicable law, you have ceased to continue your business in the ordinary course or become the subject of any bankruptcy or similar proceeding; (f) our provision of the Services to you is prohibited by applicable law; or (g) any third-party platform provider has suspended or terminated our access to services required to enable the Services. We will use commercially reasonable efforts to provide notice of any suspension and to resume Services as soon as reasonably possible. We will have no liability for any damage or loss resulting from any suspension. Euka AI does not guarantee any specific level of uptime or availability and is not obligated to provide a service level agreement. Scheduled maintenance and updates may result in temporary service interruptions, which shall not constitute a breach of these Terms.

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3. Customer Responsibilities

You are responsible and liable for all uses of the Services and Documentation resulting from access provided by you, directly or indirectly. You are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms will be deemed a breach by you. You shall use reasonable efforts to make all Authorized Users aware of these Terms and shall cause Authorized Users to comply with them. You are solely responsible for ensuring that your use of the Services and any Third-Party Platforms complies with all applicable terms of service, community guidelines, and laws, including those governing the TikTok platform and TikTok Shop.

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4. Fees and Payment

4.1 Fees.

You agree to pay the fees applicable to your subscription plan (the “Fees”). All Fees are charged in advance on a recurring basis according to your selected billing cycle unless otherwise stated. Fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If any payment fails or is past due, Euka AI may suspend your access to the Services until all outstanding amounts are paid in full.

4.2 Taxes.

All Fees are exclusive of applicable taxes. You are responsible for all sales, use, and similar taxes imposed by any governmental authority on your use of the Services, other than taxes imposed on Euka AI’s income.

4.3 Changes to Fees.

Euka AI reserves the right to modify the Fees for the Services. Euka AI will provide you with at least fourteen (14) days’ prior written notice (by email or through the Services) of any Fee increase before it takes effect. The notice will state the new Fee amount and the date it becomes effective, and will include instructions on how to cancel your subscription if you do not wish to continue at the updated price. If you do not cancel before the new Fee takes effect, you will be deemed to have accepted the updated Fees and your payment method will be charged at the new rate beginning with your next billing cycle.

4.4 Free Trial.

Euka AI may offer a fourteen (14)-day free trial of the Services to eligible new users. During the free trial, you will have access to the features included in your selected subscription plan at no charge. By accepting these Terms and completing the signup process, you acknowledge and agree that unless you cancel before the end of the free trial, your subscription will automatically convert to a paid subscription at the then-current rate for your selected plan, and your payment method on file will be charged accordingly. You may cancel at any time during the free trial through your account settings or by emailing support@euka.ai at no cost and without being charged.

4.5 Fulfillment.

Upon successful payment or activation of a free trial, you will receive immediate access to the Services corresponding to your subscription plan. Access credentials and instructions will be delivered to the email address associated with your account.

4.6 Refunds.

All Fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. No partial refunds will be issued for mid-period cancellations. If you wish to evaluate the Services before committing to a paid subscription, you are encouraged to take advantage of the fourteen (14)-day free trial described in Section 4.4. The following are not eligible for refunds under any circumstances: (a) customized software services and one-on-one consultations; and (b) products purchased through third-party vendors or resellers.

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5. Confidential Information

You acknowledge that in the course of using the Services, you may obtain access to information that is confidential and proprietary to Euka AI (“Confidential Information”). Confidential Information includes, without limitation, Euka AI IP, pricing, algorithms, AI models, creator-matching logic, platform analytics, performance data, technical specifications, product roadmaps, and any Benchmarking results or competitive information.

You agree to: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without Euka AI’s prior written consent; and (c) not use Confidential Information for any purpose other than your authorized use of the Services. You may disclose Confidential Information only to Authorized Users who need access to use the Services and who are bound by confidentiality obligations no less protective than this Section.

These confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) was known to you prior to disclosure without obligation of confidence; (c) is rightfully received from a third party without restriction; or (d) is independently developed by you without use of Confidential Information. You may also disclose Confidential Information to the extent required by law, provided you give Euka AI reasonable prior notice.

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6. Intellectual Property Ownership; Feedback

6.1 Euka AI IP.

You acknowledge that, as between you and Euka AI, Euka AI owns all right, title, and interest, including all intellectual property rights, in and to the Euka AI IP. Euka AI may monitor your use of the Services and collect and compile Aggregated Statistics. All right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Euka AI.

6.2 Customer Data.

As between you and Euka AI, you own all right, title, and interest in your Customer Data. You grant Euka AI: (a) a non-exclusive, royalty-free, worldwide license to use, reproduce, process, and display your Customer Data solely as necessary to provide and operate the Services; and (b) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and create derivative works from Customer Data in aggregated, anonymized, or de-identified form (such that it cannot reasonably be used to identify you or any individual) for any lawful business purpose, including improving and developing the Services, training and enhancing AI models and algorithms, generating industry benchmarks, and marketing Euka AI’s products and services.

6.3 Feedback.

If you or any of your Authorized Users provide suggestions, recommendations, feature requests, or other feedback relating to the Services (“Feedback”), Euka AI is free to use such Feedback without any attribution or compensation. You hereby assign to Euka AI all right, title, and interest in any such Feedback.

7. Warranty Disclaimer

THE SERVICES AND EUKA AI IP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND EUKA AI HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EUKA AI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EUKA AI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.

WITHOUT LIMITING THE FOREGOING, EUKA AI MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING: (A) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED OUTPUTS, RECOMMENDATIONS, CREATOR MATCHING, OR OUTREACH SUGGESTIONS PROVIDED THROUGH THE SERVICES; (B) THE AVAILABILITY, PERFORMANCE, COMPATIBILITY, OR CONTINUED OPERATION OF ANY THIRD-PARTY PLATFORM, INCLUDING TIKTOK AND TIKTOK SHOP; (C) ANY SALES, REVENUE, ENGAGEMENT, OR OTHER BUSINESS OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES; OR (D) THE SUITABILITY OF ANY CREATOR, AFFILIATE, OR CONTENT IDENTIFIED OR RECOMMENDED BY THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES RELY ON THIRD-PARTY PLATFORMS AND AI TECHNOLOGIES THAT ARE INHERENTLY SUBJECT TO CHANGE, INTERRUPTION, AND VARIABILITY, AND THAT EUKA AI SHALL HAVE NO LIABILITY FOR ANY CHANGES TO OR UNAVAILABILITY OF SUCH THIRD-PARTY PLATFORMS.
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8. Indemnification

You agree to indemnify, defend, and hold harmless Euka AI, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Customer Data; (c) your breach of these Terms, including Sections 2.3, 2.4, or 5; (d) your violation of any applicable law or the rights of any third party; or (e) your use of any Third-Party Platforms in connection with the Services.
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9. Limitation of Liability

IN NO EVENT WILL EUKA AI BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EUKA AI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SUCH LOSSES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL EUKA AI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO EUKA AI UNDER THESE TERMS IN THE THREE(3)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION 9 DO NOT APPLY TO YOUR: (A) BREACH OF SECTIONS 2.3 OR 2.4 (USE RESTRICTIONS AND BENCHMARKING); (B) BREACH OF SECTION 5 (CONFIDENTIAL INFORMATION); (C) INDEMNIFICATION OBLIGATIONS UNDER SECTION 8; OR (D) VIOLATION OF EUKA AI’S INTELLECTUAL PROPERTY RIGHTS. FOR SUCH BREACHES, YOUR LIABILITY SHALL NOT BE SUBJECT TO THE AGGREGATE CAP SET FORTH ABOVE.

10. Term and Termination

10.1 Term and Auto-Renewal.

These Terms are effective as of the date you first accept them or access the Services (the “Effective Date”) and will continue for the duration of your subscription plan (the “Term”).

AUTO-RENEWAL: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AT THE THEN-CURRENT FEES UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT BILLING PERIOD. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING US AT SUPPORT@EUKA.AI. BY SUBSCRIBING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THIS AUTOMATIC RENEWAL PROVISION AND AUTHORIZE EUKA AI TO CHARGE YOUR PAYMENT METHOD ON FILE FOR EACH RENEWAL PERIOD UNTIL YOU CANCEL.

10.2 Termination by You.

You may cancel your subscription at any time through your account settings or by emailing support@euka.ai. Cancellation will take effect at the end of your current billing period. You will retain access to the Services until the end of that period. No refunds or credits will be issued for any partial billing period. If you are within your fourteen (14)-day free trial, you will not be charged.

10.3 Termination by Euka AI.

Euka AI may suspend or terminate your access to the Services immediately and without notice if you: (a) breach Section 2.3, Section 2.4, or Section 5; (b) fail to pay any Fees when due; (c) materially breach any other provision of these Terms; or (d) use the Services in a manner that poses a security risk or could harm other users or Third-Party Platforms. In addition, Euka AI may terminate your subscription for any reason or for convenience upon fourteen (14) days’ prior written notice. In the event of termination for convenience by Euka AI, Euka AI will issue a pro-rata refund for any prepaid Fees covering the remainder of the then-current billing period.

10.4 Effect of Termination.

Upon termination or expiration, your right to access and use the Services will immediately cease. Euka AI may delete your account and Customer Data after a reasonable period following termination. No termination will relieve you of your obligation to pay any Fees accrued prior to the effective date of termination.

10.5 Survival.

Sections 1, 2.3, 2.4, 4, 5, 6, 7, 8, 9, 10.4, 10.5, and 11 survive any termination or expiration of these Terms.

11. General Provisions

11.1 Entire Agreement.

These Terms, together with our Privacy Policy and any subscription plan details, constitute the entire agreement between you and Euka AI with respect to the Services and supersede all prior understandings and agreements.

11.2 Notices.

All notices under these Terms will be sent by email. Notices to Euka AI should be sent to support@euka.ai. Notices to you will be sent to the email address associated with your account. Notices are deemed received on the date sent if delivery is confirmed.

11.3 Force Majeure.

Neither party shall be liable for any failure or delay in performing its obligations (except payment obligations) if caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, or interruptions to internet or Third-Party Platform services.

11.4 Amendment; Waiver.

Euka AI reserves the right to modify these Terms at any time. We will provide reasonable prior notice of material changes by email or through the Services. If you do not agree to the modified Terms, you must cancel your subscription before the changes take effect. Your continued use of the Services after notice constitutes your binding acceptance of the modified Terms. Non-material changes (such as corrections, formatting, or clarifications) may be made at any time without notice. No waiver of any provision will be effective unless in writing and signed by Euka AI.

11.5 Severability.

If any provision of these Terms is found invalid or unenforceable, such invalidity will not affect any other provision, and the parties shall negotiate in good faith to modify the affected provision to effect the original intent as closely as possible.

11.6 Governing Law; Jurisdiction.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action arising out of these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California, and each party irrevocably submits to the exclusive jurisdiction of such courts.

11.7 Assignment.

You may not assign or delegate any of your rights or obligations under these Terms without the prior written consent of Euka AI. Any purported assignment in violation of this Section will be null and void. Euka AI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

11.8 Export Regulation.

You shall comply with all applicable export and re-export control laws and regulations, and shall not export or re-export the Services or Customer Data in violation of such laws.

11.9 Equitable Relief.

Each party acknowledges that a breach of Sections 2.3, 2.4, or 5 would cause the other party irreparable harm for which monetary damages would not be an adequate remedy. In the event of such breach, the non-breaching party will be entitled to equitable relief, including injunction and specific performance, without the requirement of posting a bond, in addition to all other remedies available at law or in equity.

11.10 Contact.

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

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By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.