About These Terms
These Terms of Service (“Terms”) govern your access to and use of poiera.com, the Poiera web application, and related features, tools, integrations, and services (collectively, the “Service”).
By creating an account, purchasing a subscription or credits, connecting a third-party account, or otherwise using Poiera, you agree to these Terms.
If you do not agree to these Terms, you must not use the Service.
The Service
Poiera is an AI-powered advertising creative platform designed to help businesses research advertising ideas, analyze brands and products, discover advertising inspiration, generate and edit advertising creatives and copy, manage creative assets, and prepare or publish advertising content to supported advertising platforms.
Features may include Brand Kits, Ad Spy, AI-assisted chat, advertising creative generation, image and video generation, advertising copy generation, Creative management, and integrations with advertising platforms such as Meta.
We may add, modify, limit, suspend, or discontinue features from time to time as the Service evolves.
Eligibility and Authority
You must be at least 18 years old to use Poiera.
If you use Poiera on behalf of a company, organization, client, or other entity, you represent that you have authority to accept these Terms on its behalf and to use any accounts, content, advertising assets, and integrations that you connect to Poiera.
You may not use Poiera if applicable law prohibits you from receiving or using the Service.
Accounts and Security
You may create a Poiera account using an email address, supported authentication provider, or another authentication method we make available.
You are responsible for maintaining the confidentiality and security of your account and for activity that occurs through it.
You agree to provide accurate account information and to notify us promptly if you believe your account has been compromised or accessed without authorization.
You may not share, sell, transfer, or provide unauthorized access to your Poiera account in a manner that circumvents account, subscription, or usage restrictions.
User Content
“User Content” means content that you submit, upload, create, connect, or provide through Poiera, including prompts, text, images, videos, logos, Brand Kit information, product information, advertising copy, URLs, landing pages, and other materials.
As between you and Poiera, you retain your ownership rights in User Content.
You grant Poiera a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, modify, and otherwise use User Content only as reasonably necessary to operate, secure, improve, and provide the Service and the functionality you request.
You represent that you have the rights and permissions necessary to submit and use User Content through Poiera.
You remain responsible for User Content and for how you use it.
AI and Generated Content
Poiera uses artificial intelligence systems to analyze information and generate text, images, videos, advertising concepts, and other outputs (“Generated Content”).
Subject to applicable law and any third-party rights, Poiera does not claim ownership of Generated Content created for you through the Service.
You may use Generated Content for lawful personal or commercial purposes, including advertising.
However, because Generated Content is produced using artificial intelligence:
Generated Content may be inaccurate, incomplete, misleading, unsuitable, or similar to content produced for other users. Poiera does not guarantee that Generated Content is unique, copyrightable, non-infringing, accurate, or suitable for a particular purpose.
You are responsible for reviewing Generated Content before publishing or using it, including reviewing advertising claims, product claims, pricing, trademarks, copyrights, likenesses, regulatory requirements, and platform policies.
Third-Party Advertising Content and Clone
Poiera may display advertising materials, advertiser information, websites, product information, or other content obtained from public advertising libraries or third-party data providers.
Such content is provided for purposes such as research, analysis, comparison, inspiration, and creative development.
The availability of third-party advertising content through Poiera does not grant you ownership of or intellectual property rights in that content.
Features such as Clone are intended to help users analyze and adapt advertising concepts for their own businesses, not to authorize copying of third-party trademarks, copyrighted works, brand identity, personalities, or other protected material.
You are responsible for ensuring that content you create or publish does not infringe the rights of third parties.
Meta Advertising Features
Poiera may allow you to connect authorized Meta advertising accounts and related business assets.
By connecting a Meta account, you represent that you are authorized to access and manage the connected Ad Account, Facebook Page, Instagram account, campaigns, ad sets, and other relevant assets.
You authorize Poiera and its integration providers to access and perform actions on those assets only as necessary to provide the functionality you request.
Poiera may allow you to select an existing Meta Campaign and Ad Set and create a new advertisement using a Creative prepared through Poiera.
Where supported by the Service, Poiera creates new Meta advertisements in a PAUSED state by default.
Creating a paused advertisement does not mean that the advertisement is actively delivering.
If Poiera provides an Activate Ad or similar action, selecting and confirming that action constitutes your instruction to Poiera to request activation of the advertisement through Meta.
You are responsible for reviewing the advertisement, destination URL, selected advertising account, Campaign, Ad Set, budget, audience, placements, optimization settings, and other relevant information before activation.
Poiera subscription fees and credits do not include advertising spend charged by Meta.
Once an advertisement becomes active, Meta may charge the connected advertising account in accordance with the campaign and Ad Set configuration maintained on Meta.
Poiera does not control those advertising charges and is not responsible for advertising spend incurred after you instruct Poiera or Meta to activate an advertisement.
Your use of Meta advertising features remains subject to Meta's applicable terms, advertising policies, account restrictions, review procedures, and technical requirements.
Poiera does not guarantee that an advertisement will be approved, delivered, remain active, or achieve any particular result.
Meta may reject advertisements, restrict accounts, change APIs, modify permissions, or otherwise affect functionality outside Poiera's control.
Advertising Results
Poiera is a creative and advertising workflow tool.
We do not guarantee any particular advertising or commercial outcome, including:
CTR, conversion rate, impressions, reach, sales, revenue, CPA, ROAS, customer acquisition, advertising approval, or campaign profitability.
Advertising performance depends on factors outside Poiera's control, including your product, offer, pricing, market conditions, audience, budget, campaign settings, advertising platform algorithms, landing pages, and creative strategy.
Information presented through Ad Spy, including advertising duration, reach, impressions, spend, or similar signals where available, should not be interpreted as a guarantee that an advertisement is profitable or successful.
Plans and Credits
Poiera may offer Free, Starter, Pro, or other subscription plans.
The features, usage limits, number of connected accounts, credits, prices, and other plan benefits applicable to each plan are displayed on our Pricing page or during checkout.
Certain Poiera features use generation credits or other usage-based allowances.
Subscription credits are intended for use during the applicable usage cycle. Unless otherwise stated on the Pricing page or at checkout, recurring plan credits reset at the beginning of each monthly usage cycle and unused recurring plan credits do not roll over to future cycles.
Poiera may also offer separately purchased Extra Credits. The price, availability, quantity, eligibility, and any expiration rules applicable to Extra Credits will be shown at the time of purchase.
Credits have no cash value, are not legal currency, cannot be transferred between users unless Poiera expressly allows it, and cannot be redeemed for cash.
We may adjust the number of credits required for particular AI models or features as underlying technology and processing costs change. Material changes affecting an existing paid plan will be communicated where appropriate.
Payments and Renewals
Paid Poiera subscriptions are processed through Stripe or another payment provider identified at checkout.
Subscriptions may be offered on a monthly or annual basis.
By purchasing a paid subscription, you authorize us and our payment processor to charge the applicable subscription fees, taxes, and other disclosed charges using your selected payment method.
Unless otherwise stated at checkout, paid subscriptions automatically renew at the end of each billing period until cancelled.
Monthly subscriptions renew monthly.
Annual subscriptions renew annually and may be charged for the full annual subscription period in advance. Where a monthly equivalent price is displayed for an annual plan, that amount is for comparison purposes and the actual annual amount payable will be shown before purchase.
Cancellation and Refunds
You may cancel a paid subscription before your next renewal date.
Unless otherwise stated, cancellation takes effect at the end of your current paid billing period. You will generally continue to have access to paid features until that period ends.
Cancelling a subscription does not automatically refund fees already paid.
Upgrades, downgrades, and changes between monthly and annual billing may take effect immediately or at the next billing period depending on the option displayed when you make the change.
Any charges, credits, or prorations will be shown where applicable before confirmation.
Except where required by applicable law or expressly stated otherwise at the time of purchase, subscription fees and purchases of Extra Credits are non-refundable.
We do not generally provide refunds or credits for unused subscription time, unused recurring generation credits, changes in usage, or failure to cancel before renewal.
If you believe you were charged incorrectly, experienced a duplicate charge, or believe a refund is required by law, contact:
Nothing in these Terms limits any non-waivable refund or consumer rights that apply under applicable law.
Acceptable Use
You agree not to use Poiera to violate applicable law; infringe intellectual property, privacy, publicity, or other rights; create or distribute unlawful or fraudulent advertising; impersonate another person or business; access advertising accounts without authorization; interfere with the security or operation of Poiera; bypass usage, credit, subscription, or access restrictions; reverse engineer the Service except where expressly permitted by law; use automated systems to scrape or extract Poiera's proprietary platform data without authorization; distribute malware or harmful code; or use the Service in a manner that could materially harm Poiera, its providers, platforms, or other users.
We may restrict or suspend access where reasonably necessary to enforce these requirements or protect the Service.
Poiera Intellectual Property
Except for User Content and rights in Generated Content described above, Poiera and its licensors retain all rights in the Service.
This includes Poiera's software, source code, models and orchestration systems, interfaces, product design, logos, trademarks, documentation, workflows, proprietary databases, and other platform technology.
These Terms do not grant you a right to copy, sell, sublicense, reproduce, reverse engineer, or commercially exploit Poiera's technology except as expressly permitted by these Terms or applicable law.
“Poiera” and associated branding may not be used in a way that falsely suggests sponsorship, endorsement, partnership, or affiliation.
Feedback
If you voluntarily provide ideas, suggestions, feedback, or recommendations about Poiera, you permit us to use that feedback to develop and improve the Service without restriction or compensation to you.
This does not give Poiera ownership of your User Content.
Third-Party Services
Poiera relies on and interacts with third-party services, which may include Google, Meta, Stripe, AI model providers, infrastructure providers, advertising data providers, and integration providers.
Your use of a third-party service may also be governed by that provider's own terms and privacy policies.
We are not responsible for third-party services, their availability, their independent actions, or changes to their products, APIs, policies, or pricing.
A third-party provider's outage, restriction, API change, or termination may affect Poiera functionality.
Privacy
Our collection and processing of personal information is described in the Poiera Privacy Policy:
Instructions for requesting deletion of personal information are available at:
https://poiera.com/data-deletion
Service Availability
We work to provide a reliable Service but do not guarantee that Poiera will always be available, uninterrupted, secure, or error-free.
AI services, advertising platforms, third-party APIs, infrastructure providers, and other dependencies may become unavailable or change without notice.
We may temporarily limit access for maintenance, upgrades, security, capacity management, or other operational reasons.
Suspension and Termination
You may stop using Poiera at any time and may cancel a paid subscription as described above.
We may suspend, restrict, or terminate access to Poiera if we reasonably believe that you have materially violated these Terms, created security or legal risk, engaged in fraud or abuse, failed to pay applicable fees, or used the Service in a way that could harm Poiera or third parties.
Where reasonable, we will attempt to provide notice before termination. Immediate action may be taken when necessary to address security threats, fraud, legal requirements, or ongoing harm.
Termination does not affect rights or obligations that arose before termination.
Disclaimers
To the fullest extent permitted by applicable law, Poiera is provided “as is” and “as available.”
Poiera makes no warranty that the Service, AI-generated content, advertising research, data, recommendations, integrations, or other outputs will be accurate, complete, unique, uninterrupted, error-free, commercially successful, or suitable for a particular purpose.
To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
Limitation of Liability
To the fullest extent permitted by applicable law, Poiera and its service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, customers, goodwill, data, business opportunities, or advertising performance arising from or related to the Service.
This includes losses relating to AI-generated content, advertising results, third-party platform actions, account suspensions, rejected advertisements, advertising spend, service interruptions, or unauthorized use resulting from your failure to secure your account.
To the fullest extent permitted by law, Poiera's aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of:
(a) the amount you paid to Poiera during the 12 months preceding the event giving rise to the claim; or (b) US$100.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Poiera and its service providers from third-party claims, losses, liabilities, damages, and reasonable costs arising from your User Content, your advertising activities, your violation of these Terms, your infringement of third-party rights, or your unauthorized use of a third-party advertising account.
This section does not apply to the extent a claim results from Poiera's own unlawful conduct.
Changes to These Terms
Poiera will continue to evolve.
We may update these Terms to reflect changes in the Service, pricing model, integrations, legal requirements, security practices, or business operations.
If a change materially affects your rights or obligations, we may provide notice by email, through the Service, or by another reasonable method before the change takes effect where required.
The Effective Date at the top indicates the latest version.
Continued use of Poiera after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Governing Law
These Terms and disputes arising out of or relating to Poiera are governed by the laws of Hong Kong, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of Hong Kong.
Nothing in this section deprives consumers of mandatory rights or protections that cannot lawfully be waived under applicable law.
Contact Us
Questions about these Terms may be sent to: