Terms of Service

By accessing or using the wocky.ai platform, website, application programming interfaces (APIs), and any associated services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Wocky Inc. (“Wocky,” “we,” “us,” or “our”).

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” will refer to that organization. If you do not agree to these Terms, you must not access or use the Service.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

wocky.ai is a software-as-a-service (SaaS) platform that provides cloud-based phone infrastructure for managing social media accounts at scale. The Service includes, but is not limited to, the following features and capabilities:

• Cloud Phone Provisioning: Each social media account managed through our platform is assigned a dedicated virtual Android device (“ghost phone”) running in our cloud infrastructure. Each ghost phone includes a unique device fingerprint, residential proxy from the user’s selected country, and persistent storage.
• Social Media Account Management: The Service enables you to add, configure, and manage multiple social media accounts across platforms including TikTok, Instagram, and YouTube from a unified dashboard.
• Automated Account Warmup: Ghost phones perform automated activity on behalf of your social media accounts to establish account trust and history, simulating natural user behavior patterns over a configurable warmup period.
• Content Posting and Scheduling: You can upload media files, compose captions, and schedule content to be posted from ghost phones at specified times. Posts are executed directly from the virtual device, replicating the experience of posting from a physical mobile phone.
• Analytics and Growth Tracking: The Service automatically collects and displays engagement metrics from your social media accounts, including follower counts, view counts, like counts, and engagement rates, updated on a periodic basis determined by your subscription plan.
• Profile Management: Depending on your plan, the Service may support automated profile editing, including bio updates, profile picture changes, and display name modifications executed through the ghost phone.

The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

To use the Service, you must create an account by providing a valid email address and a secure password. You represent and warrant that all information you provide during registration is accurate, current, and complete, and you agree to update such information as necessary to keep it accurate.

You must be at least 18 years of age to create an account and use the Service. By registering, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If we discover or have reason to believe that you are under 18, we will immediately terminate your account.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys associated with your account. You agree to notify us immediately at support@wocky.ai if you suspect any unauthorized access to or use of your account. You are responsible for all activity that occurs under your account, whether or not you have authorized such activity.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including if we reasonably believe that account information is inaccurate or that the account is being used in violation of these Terms.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations.

You agree not to use the Service to:

• Send or facilitate the transmission of unsolicited bulk messages, spam, or any form of automated messaging that violates applicable anti-spam laws or the terms of service of any third-party platform.
• Create, distribute, or promote content that is illegal, defamatory, obscene, harassing, threatening, hateful, discriminatory, or that infringes upon the intellectual property rights of any third party.
• Engage in artificial manipulation of platform algorithms, engagement metrics, or ranking systems beyond the normal use of content posting and account management features provided by the Service. This includes, but is not limited to, purchasing fake followers, automating likes or comments through external tools, or coordinating inauthentic behavior across accounts.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Violate the terms of service, community guidelines, or acceptable use policies of any third-party social media platform, including but not limited to TikTok, Instagram, and YouTube. You are solely responsible for ensuring that your use of the Service is compliant with the rules and policies of the platforms on which you maintain accounts.
• Use the Service to engage in any form of fraud, phishing, or identity theft, or to collect personal information from other users of social media platforms without their consent.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Service, or circumvent any technical measures we use to protect the Service.
• Use the Service to interfere with or disrupt the integrity or performance of the Service or any third-party systems or networks.

We reserve the right to investigate and take appropriate action against any user who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

Each social media account managed through the Service is assigned a dedicated virtual Android device (“ghost phone”) in our cloud infrastructure. Ghost phones are provisioned with unique device identifiers, allocated memory and storage, and a residential proxy IP address from the geographic region you select.

You acknowledge and agree that:

• You are solely responsible for all activity conducted on and through the ghost phones assigned to your account. This includes any content posted, interactions made, and data transmitted from these virtual devices.
• Ghost phones are shared cloud resources and are subject to fair use. We reserve the right to set and enforce limits on resource consumption, including CPU usage, memory, storage, and network bandwidth, to ensure the stability and performance of the Service for all users.
• Ghost phones may be temporarily paused, stopped, restarted, or migrated for scheduled or unscheduled maintenance, infrastructure upgrades, security patches, or capacity management. We will make reasonable efforts to notify you in advance of planned maintenance windows, but we do not guarantee uninterrupted availability of ghost phone services.
• The geographic location (country) and IP address assigned to a ghost phone are subject to availability and may change if the underlying proxy infrastructure requires rotation. We will make reasonable efforts to maintain geographic consistency, but do not guarantee a static IP address.
• You may not use ghost phones for any purpose other than the social media account management features provided by the Service. Ghost phones may not be used for general-purpose computing, cryptocurrency mining, running unauthorized software, or any activity unrelated to the intended functionality of the Service.

The number of ghost phones available to you is determined by your subscription plan. If you exceed the ghost phone allocation for your plan, you will need to upgrade to a higher-tier plan or remove existing accounts to free up capacity.

The Service is offered on a subscription basis with monthly or annual billing cycles. Subscription fees are charged in advance at the beginning of each billing cycle. All prices are listed in United States Dollars (USD) unless otherwise specified.

By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis at the applicable subscription rate. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date.

You may cancel your subscription at any time through your account settings in the dashboard. Cancellation will take effect at the end of your current billing cycle. You will continue to have access to the Service and your ghost phones until the end of the period for which you have already paid. We do not offer refunds or credits for partial billing periods, unused time, or unused ghost phone allocations.

If you upgrade your subscription plan during a billing cycle, the price difference will be prorated and charged immediately. If you downgrade your plan, the change will take effect at the beginning of your next billing cycle, and any ghost phones exceeding your new plan’s allocation will be paused at that time.

We reserve the right to change subscription prices at any time. We will provide at least 30 days’ notice of any price increases via email to the address associated with your account. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

If your payment method fails or your account becomes past due, we may suspend your access to the Service, including pausing all ghost phones, until the outstanding balance is resolved. We reserve the right to use third-party collection services to recover amounts owed.

The Service integrates with and operates on third-party social media platforms including, but not limited to, TikTok, Instagram, and YouTube. These platforms are owned and operated by independent companies and are governed by their own terms of service, privacy policies, and community guidelines.

You acknowledge and agree that:

• We do not own, control, or operate TikTok, Instagram, YouTube, or any other third-party social media platform. We are not affiliated with, endorsed by, or sponsored by any of these platforms.
• The availability and functionality of the Service depends in part on the APIs, interfaces, and policies of third-party platforms. Changes to these platforms’ APIs, terms, algorithms, security measures, or policies may affect, limit, or disable certain features of the Service. We are not responsible for any such changes and do not guarantee that any specific feature will remain available.
• Account restrictions, suspensions, bans, or any other adverse actions taken by third-party platforms against your social media accounts are the sole responsibility and risk of the user. We do not guarantee that accounts managed through the Service will not be flagged, restricted, or banned by any platform. We are not liable for any losses, damages, or consequences resulting from platform enforcement actions.
• You are solely responsible for complying with the terms of service and community guidelines of all third-party platforms on which you maintain accounts through the Service. It is your obligation to review and understand these policies and to ensure your use of the Service does not violate them.

You retain all ownership rights to any content, media, text, and other materials you upload, create, or post through the Service (“User Content”). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, reproduce, and transmit your User Content solely for the purpose of operating and providing the Service to you.

To enable the Service to log into and manage your social media accounts, you provide us with your social media credentials (usernames and passwords). We store all social media credentials in encrypted form using industry-standard encryption protocols. Your credentials are used exclusively for the purpose of automated login and account management on your ghost phones and are never shared with third parties, except as described in our Privacy Policy.

We collect usage analytics and metadata related to your use of the Service, including but not limited to features accessed, pages visited, actions performed, ghost phone activity logs, and aggregated performance metrics. This data is used to operate, maintain, improve, and optimize the Service.

We also collect and store analytics data scraped from your social media accounts, including follower counts, view counts, like counts, comment counts, and engagement rates. This data is displayed in your dashboard and is retained in accordance with our data retention policies described in our Privacy Policy.

You are responsible for ensuring that you have the right to use and distribute all User Content you upload or post through the Service, and that such content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO GUARANTEES REGARDING ACCOUNT GROWTH, FOLLOWER ACQUISITION, ENGAGEMENT RATES, CONTENT REACH, OR ANY OTHER SOCIAL MEDIA PERFORMANCE METRICS. THE SUCCESS OF YOUR SOCIAL MEDIA ACCOUNTS DEPENDS ON NUMEROUS FACTORS BEYOND OUR CONTROL, INCLUDING PLATFORM ALGORITHMS, CONTENT QUALITY, AUDIENCE BEHAVIOR, AND MARKET CONDITIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOCKY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, suspected fraudulent or illegal activity, extended inactivity, failure to pay subscription fees, or any behavior we deem harmful to the Service, other users, or third parties.

You may cancel your account at any time by using the cancellation feature in your account settings or by contacting us at support@wocky.ai. Upon cancellation, your subscription will remain active until the end of the current billing period, after which your ghost phones will be stopped and your access to the dashboard will be revoked.

Following account cancellation or termination, we will retain your account data, including analytics history, post records, and configuration settings, for a period of thirty (30) days. During this retention period, you may contact us to request a data export or to reactivate your account. After the 30-day retention period, all associated data will be permanently deleted from our systems, except for aggregated, anonymized data that does not identify you personally.

Termination of your account does not affect any social media accounts you manage through the Service. Your social media accounts will continue to exist on their respective platforms independently of the Service. However, any scheduled posts that have not yet been published at the time of termination will be cancelled and will not be delivered.

The following sections of these Terms shall survive termination: Acceptable Use, Data and Content, Limitation of Liability, and any other provisions that by their nature should survive termination.

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the “Last updated” date at the top of this page and, where appropriate, provide additional notice via email to the address associated with your account or through a prominent notification within the Service.

Your continued use of the Service following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your account before the changes take effect.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for changes. Non-material changes or clarifications will take effect immediately upon posting. Material changes will take effect 30 days after posting, unless stated otherwise.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: