Terms of Use

Article 1 — Parties, Acceptance and Entry into Force

1.1. These Holala Terms of Use (the “Agreement”) are concluded between ELİF SİMGE EREN Şahıs Şirketi (sole proprietorship) (“Holala”), the operator of the services offered through the holala.ai domain name and its associated subdomains, applications, interfaces, APIs and similar digital channels, and the natural and/or legal person (“User”) who accesses Holala, registers as a member, purchases services, uses a demo or benefits from Holala’s digital services in any manner whatsoever.

1.2. By accessing Holala, creating a membership, making a payment, purchasing credits/a subscription, uploading content or actually using any service, the User declares that the User has read and understood this Agreement, that the User had the opportunity to negotiate its provisions, and that the User accepts the Agreement in its entirety, unconditionally and without reservation.

1.3. Holala may unilaterally update the Agreement and its annexes (if any). The updated text enters into force on the date it is published on the relevant digital channel of Holala. The User’s continued use of the services constitutes acceptance of the update.

1.4. This Agreement constitutes standard terms (general transaction conditions). The User acknowledges having separately reviewed, in particular, the limitation-of-liability provisions, the intellectual property and license provisions, and the termination and sanction provisions.

Article 2 — Definitions and Interpretation

• Platform: refers to the holala.ai domain name and all digital channels connected thereto, together with all of the content generation, sample library, project/request management, delivery, download, sharing, API and similar modules offered by Holala.
• Service(s): refers to the services offered by Holala on the Platform, namely: (i) AI-assisted generation of visual/audio/digital assets, (ii) sample/library access, (iii) project/brief intake and delivery processes, (iv) brand kit and similar personalization, (v) API/integration services, (vi) support services, and (vii) all digital services connected therewith.
• User Content (Input): refers to any and all content uploaded to the Platform or transmitted through the Platform by the User, including prompts/briefs, text, images, video, audio, logos, brand guidelines, product photographs, campaign copy, data sets and the like.
• Output: refers to the images, videos, texts, design variations, advertising creatives, templates and similar results generated by Holala and made available to the User on the basis of the User Content (Input) and/or the parameters selected by the User on the Platform.
• Credit: refers to the digital usage unit allocated to the User under a package/subscription, expressing the amount or quota of use of the Services.
• Membership: refers to the status obtained by the User by creating an account on the Platform.
• Corporate User / Consumer User: Corporate User refers to a natural/legal person who uses the Platform for commercial or professional purposes; Consumer User refers to a natural/legal person acting for purposes that are not commercial or professional.

Capitalized terms used in the Agreement and not otherwise defined shall have the meanings ascribed to them under the applicable legislation.

Article 3 — Subject Matter of the Agreement, Legal Position of the Platform and Scope

3.1. The subject matter of this Agreement is the regulation of the terms of use of the Platform and of the rights and obligations of the Parties.

3.2. With respect to the Services it offers on the Platform, Holala is, as a rule, directly in the position of a “service provider” vis-à-vis the User. The User acknowledges that the nature of the Services offered by Holala may be characterized as “digital content” and/or “services performed in an electronic environment”.

3.3. Holala’s Services may be performed in part through (i) third-party artificial intelligence model providers, (ii) cloud infrastructure, (iii) CDN/security services, (iv) payment infrastructure and (v) similar external services; such external services may qualify as “subcontractors/service providers” from Holala’s perspective. This circumstance does not affect the provisions limiting Holala’s liability toward the User as a direct service provider to the extent permitted by law.

3.4. Holala reserves the right to develop the Platform, offer beta/test modules, modify features, remove modules or add new modules. The User acknowledges that the Platform is a dynamic software/service.

Article 4 — Membership Conditions, Account Opening and Representation

4.1. Certain functions of the Platform require membership. Membership may be free of charge at the time of application; however, certain Services are subject to fees.

4.2. The User acknowledges that all information provided during the membership application is accurate, current and complete, and that such information does not infringe the rights of third parties.

4.3. The User is exclusively responsible for the security of the account. The protection of usernames/passwords, API keys, verification codes and similar authentication instruments is the responsibility of the User.

4.4. Where a membership is created on behalf of a legal entity, the person creating the membership and using the Platform is deemed to hold the necessary authority to represent and bind that entity. Holala is not liable for unauthorized use or its consequences.

4.5. Holala reserves the right to decline a membership application, request additional verification, and suspend or terminate a membership.

Article 5 — Provision of the Services, Workflow and Beta Features

5.1. Holala operates a “Creative AI Studio” infrastructure aimed at delivering visual and marketing-oriented creative production outputs. Production processes are carried out on the basis of the User Content (Input) and the parameters selected by the User.

5.2. Holala provides the Services on an “as is” and “as available” basis. Outputs delivered through the Platform are, by the very nature of creative production, open to subjective assessment; the User acknowledges that no absolute standard of quality or level of expectation is guaranteed with respect to the Outputs.

5.3. Holala may offer beta/test modules. Beta modules may operate intermittently, their features may change, and they may contain errors. Holala’s liability with respect to outputs generated through beta modules shall be assessed separately within the limits of liability set out in this Agreement.

5.4. Holala may provide sample images, templates and library content. Such content is provided in order to give the User a reference and to guide production; the obligation to make a separate assessment as to third-party rights and suitability for use rests with the User.

Article 6 — Fees, Subscription, Credits and Invoicing

6.1. Paid Services offered on the Platform may be provided through subscriptions, credit packages or project-based pricing. The User makes payment by accepting the package scope, term and amount information presented to the User at the time of purchase.

6.2. The validity period of a credit package is specified in the package terms. Unless otherwise expressly agreed, credits are subject to expiry; credits that remain unused at the end of the relevant period lapse, and no refund/transfer of the price may be claimed.

6.3. Holala reserves the right to update prices, package scopes and credit usage terms. Updates apply prospectively; the package period in effect is not affected retroactively unless expressly stated otherwise.

6.4. Payments are made through the payment channels designated by Holala. Where the payment infrastructure is provided by a third-party payment institution, Holala assumes, to the extent permitted by law, liability limited to its own role in disputes concerning technical interruptions, authorizations, chargebacks and similar matters relating to payment transactions.

6.5. The User acknowledges that any taxes, duties and similar fiscal obligations that may arise under tax legislation may be borne by the User, and that the invoice/e-document regime will be operated in accordance with the applicable legislation.

6.6. In the event of payment failure, Holala is entitled to suspend the account, discontinue the Services and restrict access until the debt is settled.

Article 7 — Withdrawal, Refund, Cancellation and Commercial Warranty Policies

7.1. With respect to Consumer Users, the mandatory rights arising from distance contracts and consumer legislation are reserved.

7.2. The User acknowledges that, given the nature of digital services, the statutory exceptions to the right of withdrawal may come into play with respect to services performed instantly through the Platform and/or intangible goods delivered instantly.

7.3. Holala may, as part of its own commercial policy, offer a “conditional refund”, “satisfaction guarantee”, “credit refund” or similar arrangement. Where such an arrangement is offered, its conditions are determined by Holala; such arrangement does not replace, and does not set aside, the statutory withdrawal/defect provisions.

7.4. With respect to Corporate Users, refund/cancellation/early-termination conditions are subject to the provisions of this Agreement unless otherwise agreed separately in writing.

7.5. In cases of technical failure attributable to Holala’s fault that result in the complete non-performance of the Service, Holala may give priority to remedies such as a credit refund or term extension instead of a cash refund.

Article 8 — General Obligations of the User

8.1. The User is obliged to use the Platform in accordance with the law, public morals, the principle of good faith and this Agreement.

8.2. The User is exclusively responsible for the lawfulness of all content the User uploads to the Platform or transmits through the Platform (User Content), for ensuring that it does not infringe third-party rights, and for holding the necessary permissions/licenses.

8.3. The User may not exploit the Platform through reverse engineering, data scraping, generating automated bot traffic, breaching system security, distributing malware or similar methods.

8.4. Where the User uploads personal data belonging to third parties to the Platform, the User acknowledges that the User has provided the necessary privacy notices to the data subjects concerned and satisfies the required lawful grounds for processing.

8.5. Before using any output obtained through the Platform, the User is obliged to carry out the necessary checks and editorial review as to suitability for the User’s own purpose of use, accuracy, compliance with legislation and third-party rights.

Article 9 — Prohibited Uses and Content Policy

9.1. The User may not make use of the Platform for the purpose of generating, requesting, uploading, sharing or using the following content:

9.2. (a) child abuse, obscenity and unlawful sexual content; (b) hate speech, violence, terrorist propaganda; (c) deepfakes or impersonation intended to mislead/disinform in relation to real persons; (d) unlawful processing or disclosure of personal data; (e) productions infringing registered trademarks, works, designs or personality rights belonging to others; (f) content facilitating the commission of crimes; (g) unfair competition, misleading advertising and similar use scenarios contrary to legislation.

9.3. In case of suspected prohibited content, Holala reserves the right to remove the content, halt generation, suspend the account, terminate the service and/or notify the competent authorities.

9.4. Sanctions imposed by Holala under this Article shall not be construed as giving rise to any payment/refund claim on the part of the User.

Article 10 — Artificial Intelligence Outputs, Accuracy and Disclaimer of Suitability

10.1. The User acknowledges that, by the very nature of the AI-assisted generation process, Outputs may be erroneous, incomplete or misleading, may be similar to or closely resemble content produced by third parties, and that it cannot be guaranteed that they will be entirely original/unique.

10.2. Holala gives no warranty as to the accuracy of the Outputs, their fitness for a particular purpose, any guarantee of commercial success, their compliance with advertising legislation, or their non-infringement of third-party rights.

10.3. The User acknowledges that, before using the Outputs in advertising campaigns, commercial communications, product promotion, social media and similar activities, the User will itself carry out all necessary checks with regard to the applicable legislation and platform rules.

10.4. The samples, guides or recommendations provided by Holala on the Platform do not constitute legal/tax/financial/medical advice.

Article 11 — Third-Party Services, Model Providers and Integrations

11.1. The Platform may operate in integration with third-party artificial intelligence models, infrastructure providers, CDN, cloud, hosting, storage, analytics or payment services.

11.2. Changes in the policies, pricing, API limits, content filters or service levels of these third-party services may affect the nature and availability of the Outputs and the performance of the Platform. The User acknowledges that Holala cannot be held liable, to the extent permitted by law, for consequences arising from such third-party changes.

11.3. Where redirection is made through the Platform to third-party sites/services, Holala is not responsible for the content and practices of such services.

11.4. Where an API key is issued, the key is allocated exclusively to the User and is non-transferable; Holala may restrict access in the event of rate-limit overruns, unusual traffic or security risk.

Article 12 — Intellectual Property Rights in the Platform

12.1. The intellectual and industrial property rights in the Platform’s software, interfaces, algorithmic operation, brand kit infrastructure, sample library presentation, databases, design elements, documentation, trademarks and all tangible/intangible elements belonging to Holala are owned by Holala.

12.2. The User is granted a non-transferable, non-exclusive license to use the Platform, limited to the scope and term set out in this Agreement.

12.3. The User may not copy or reproduce the Platform or any of its components, reverse engineer it, decompile it into source code, sublicense, rent or lend it, or engage in similar dispositions.

Article 13 — Rights in the User Content (Input) and the Holala License

13.1. The User represents that the rights in the User Content belong to the User or that the User has obtained the necessary permissions/licenses, and that such content does not infringe third-party rights.

13.2. By using the Platform, the User grants Holala the authority to process, reproduce, transmit and store the User Content, and to share it with third-party service providers to the extent necessary, for the purposes of (a) performance of the Service, (b) generation of the Outputs, (c) remedying technical errors, (d) security and abuse prevention, and (e) legal compliance and audit needs; as a worldwide, non-exclusive license limited to the performance of the Service.

13.3. The User acknowledges that, where the User Content contains personal data, the User satisfies the processing conditions required under the applicable legislation and, in this respect, grants Holala the necessary instructions and authorization.

13.4. As a rule, Holala does not share the User Content with third parties other than for the performance of services specific to the User’s account; however, sharing may take place limited to (i) technical infrastructure necessities, (ii) legal obligations, (iii) court/authority requests, and (iv) cybersecurity and abuse prevention purposes.

Article 14 — Rights in the Outputs, Authorization to Use and Allocation of Risk

14.1. The protectability of the Outputs under intellectual property law may vary according to the circumstances of the specific case. The Parties accept the following contractual allocation with respect to the use and economic disposition of the Outputs.

14.2. As a rule, Holala does not assert any claim of ownership/exclusive right in the Outputs, independently of the Platform components developed by Holala. To the extent that Holala may have any rights arising in the Outputs (if any), Holala is deemed to have assigned such rights to, or authorized their use by, the User within the framework permitted by law.

14.3. The User may use the Outputs for commercial purposes. However, the User acknowledges that no warranty is given that the Outputs will not infringe third-party rights, and that the User will therefore itself carry out the necessary rights clearance (trademark, copyright, personality rights) before use.

14.4. Where third-party right claims, warning notices, platform complaints, closure of advertising accounts, content removal requests or similar disputes arise from the manner in which the User uses the Output, from the inputs used by the User or from the User’s purpose of use, Holala bears no liability; the User agrees to indemnify Holala against any and all claims and damages.

14.5. Holala may wish to use anonymized Outputs containing no personal data for the purposes of (i) marketing the Platform, (ii) product development, (iii) quality improvement, and (iv) showcasing sample work/portfolio. Where an “opt-out” is defined in writing for the User under a Corporate/Enterprise plan, this authorization to use is deactivated with respect to the relevant account.

14.6. With respect to outputs generated on demo accounts, Holala may restrict the authorization for commercial use; demo usage terms are determined separately.

Article 15 — Brand Kit, Training Data and Account-Specific Personalization

15.1. The User acknowledges that, where the User uploads a brand kit, logos, product images, color palettes, typography, sample campaign copy and similar inputs to the Platform, such assets may be processed for the purposes of account-specific personalization and improvement of Output quality.

15.2. As a rule, Holala does not make such data available for the benefit of any other User account than the relevant User’s account.

15.3. In the event of account deletion or termination of the service relationship, without prejudice to operational necessities and retention obligations arising from legislation, Holala may apply a policy of deleting/destroying brand kit data within a reasonable period.

Article 16 — Protection of Personal Data and Confidentiality

16.1. Holala processes personal data in accordance with the legislation in force and takes the necessary technical/administrative measures.

16.2. The User acknowledges that privacy notices and confidentiality documents relating to data processing activities may be separately available on the Platform, and that this Agreement does not replace the privacy notice required under the Law No. 6698 on the Protection of Personal Data (KVKK).

16.3. The User may submit applications under the KVKK through the channels designated by Holala.

16.4. With respect to Corporate Users, the confidentiality of trade secrets, customer data, campaign content, product strategy and similar information is essential. Where the User uploads data of this nature to the Platform, the User is obliged to ensure data minimization and access authorizations within its own organization.

Article 17 — Service Continuity, Maintenance and Change Management

17.1. Holala may temporarily suspend the Platform in the context of maintenance, update and security requirements.

17.2. Planned maintenance outages are announced in advance to the extent possible; however, no prior notice may be given in the case of urgent security updates.

17.3. In outages caused by third-party service providers, Holala will use reasonable efforts to remedy the outage, but gives no guarantee that the outage will be remedied without fail.

Article 18 — Disclaimer and Limitation of Liability

18.1. Holala does not undertake that the Platform will be uninterrupted, error-free, continuously accessible or at a particular performance level.

18.2. Holala gives no express or implied warranty that the Outputs are accurate, original or lawful, that they will not infringe third-party rights, that they will achieve a particular campaign result, or that they will be fit for the User’s particular purpose.

18.3. Holala’s liability is limited (a) without prejudice to cases of intent and gross negligence, and (b) to the maximum extent permitted by law.

18.4. In cases where Holala can be held liable for any reason, Holala’s aggregate liability is, as a rule, limited to the total amount actually paid by the User to Holala in the 1 (one) month period preceding the event giving rise to the dispute.

18.5. Holala accepts no liability for indirect damages, loss of profit, loss of data, loss of reputation, business interruption, failure to realize anticipated earnings, or consequential damages arising from third-party claims.

18.6. The User acknowledges that Holala is not responsible for account restrictions/closures that the User may experience with third-party service providers, advertising platforms or social networks by reason of using the Platform.

Article 19 — User’s Indemnification Obligation (Indemnity)

19.1. In respect of any and all third-party claims that may be asserted against Holala on the grounds of (i) unlawfulness of the User Content, (ii) infringement of third-party rights, (iii) generation of, or attempts to generate, prohibited content, (iv) advertising or commercial communications contrary to legislation, (v) personal data breaches, or (vi) misuse of the Platform, the User agrees to indemnify Holala and to cover Holala’s direct/indirect damages, litigation costs and attorney’s fees.

19.2. While Holala will notify the User of such claims, the risks arising from a failure to take action without delay rest with the User.

Article 20 — Suspension, Termination and Account Closure

20.1. The User may close the User’s account at any time. However, closure does not give rise to a refund of the User’s remaining credit/subscription entitlements within the payment period; mandatory consumer rights are reserved.

20.2. Holala may suspend the service or terminate the Agreement with immediate effect in the event of the User’s breach of this Agreement, payment default, prohibited use, security risk, suspected fraud, third-party complaints or legal compliance requirements.

20.3. Upon termination, the provisions concerning Holala’s Platform IP, limitation of liability, confidentiality, indemnity and similar provisions shall continue to remain in force.

Article 21 — Force Majeure

21.1. Events occurring beyond the control of the Parties, such as natural disasters, epidemics, war, terrorism, public authority measures, large-scale cyberattacks, infrastructure failures and similar events, are deemed force majeure.

21.2. In case of force majeure, the obligations of the affected Party are suspended; no liability arises for delay for the duration of the force majeure event.

Article 22 — Notices and Electronic Communication

22.1. The User accepts that the e-mail address notified during membership and/or the in-Platform notification channels constitute valid channels for service of process/notifications.

22.2. Holala may make notifications such as amendments to the Agreement, policy updates, security warnings and the like in the electronic environment.

Article 23 — Assignment, Subcontracting and Integrity of the Agreement

23.1. The User may not assign the rights and obligations arising from this Agreement without Holala’s written consent.

23.2. Holala may use subcontractors/service providers in the performance of the Services; the nature of such use does not alter the limits of Holala’s liability under this Agreement.

23.3. The invalidity of any provision of the Agreement does not affect the validity of the remaining provisions.

Article 24 — Governing Law and Dispute Resolution

24.1. This Agreement is governed by Turkish law.

24.2. With respect to Consumer Users, Consumer Arbitration Committees/Consumer Courts may have jurisdiction over disputes; mandatory jurisdiction rules are reserved.

24.3. In non-consumer disputes, the courts and enforcement offices of Istanbul shall have jurisdiction.

Article 25 — Entry into Force

25.1. This Agreement enters into force upon the User’s approval in the electronic environment and/or the User’s commencement of use of the Platform.

25.2. The User accepts that electronic approval is legally valid and that Platform records may constitute evidence.