Terms of Service

Last Updated: April 13, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and Ploy, Inc., a Delaware corporation (“Ploy,” “we,” “us,” or “our”). They govern your access to and use of the Ploy platform, website, APIs, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms.

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” and “Customer” refer to that entity.

You must be at least 18 years old and legally able to enter into a binding contract to use the Services.

1. License to Use the Services

Subject to these Terms and payment of applicable fees, Ploy grants you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription term for your internal business purposes. You may authorize employees, contractors, and agents (“Authorized Users”) to use the Services under your account.

2. Use Restrictions

You will not, and will not permit any Authorized User or third party to, directly or indirectly:

  • Use the Services in violation of any applicable law, including anti-spam, privacy, and marketing regulations such as CAN-SPAM, GDPR, and CCPA;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
  • Copy, modify, or create derivative works of the Services or related documentation;
  • Resell, sublicense, distribute, or make the Services available to any third party outside your organization;
  • Use the Services to transmit unsolicited communications or generate content that is misleading, defamatory, illegal, or that impersonates any person or entity;
  • Interfere with or disrupt the integrity or performance of the Services;
  • Use the Services to develop a competing product or service;
  • Access the Services through automated means (including bots, scrapers, or crawlers) other than interfaces provided by Ploy; or
  • Remove, alter, or obscure any proprietary notices on the Services.

3. AI Features and Outputs

The Services include AI-powered features that may generate marketing content, campaign recommendations, audience insights, and other outputs (“AI Outputs”). AI Outputs are generated algorithmically and may contain errors or inaccuracies.

  • You are solely responsible for reviewing, verifying, and approving all AI Outputs before use or distribution.
  • Ploy does not warrant that AI Outputs will be accurate, complete, error-free, suitable for any particular purpose, or free of third-party intellectual property issues.
  • You retain ownership of AI Outputs generated from your Customer Data, subject to these Terms.

4. Customer Data and Data Use

You retain all right, title, and interest in any data, content, or materials you or your Authorized Users submit to, connect with, or generate through the Services (“Customer Data”). You grant Ploy a limited, non-exclusive, worldwide license to access, host, process, transmit, analyze, and display Customer Data as reasonably necessary to provide, operate, support, secure, and improve the Services and to exercise the rights described in this Section 4, in each case in accordance with these Terms and our Privacy Policy.

You are responsible for the accuracy, quality, and legality of your Customer Data, and for having the necessary rights and consents to provide it to Ploy — including consent from individuals whose personal data you upload or process through the platform.

No Sensitive Data. You will not upload to, or process through, the Services any sensitive personal information, including government-issued identification numbers, financial account or payment card numbers, protected health information subject to HIPAA, precise geolocation, biometric identifiers, information about children under 16, or any data whose loss or disclosure would require regulatory notification. The Services are not designed for, and are not authorized for use with, such data.

Platform Operations and Quality Assurance. Ploy may access, monitor, inspect, and analyze Customer Data, AI runs, prompts, outputs, logs, and usage data to operate the Services; deliver support and troubleshoot issues; maintain service quality, safety, and reliability; detect, prevent, and investigate fraud, abuse, or violations of these Terms; meter usage and enforce plan limits; and comply with legal obligations. This right applies to all Customers regardless of plan.

Service Improvement. Ploy may use Customer Data and usage information to analyze, maintain, enhance, and develop new features of the Services, including the performance and reliability of the platform and its AI components. This right applies to all Customers regardless of plan.

AI Model Training. Ploy uses a plan-based approach to AI model training:

  • Self-Serve Plans (including free, trial, and standard paid subscription plans): Customer Data and AI run data may be used to train and improve Ploy’s AI models. You may opt out at any time by contacting legal@ploy.ai, after which data submitted following your opt-out will not be used for training.
  • Enterprise Plans (plans entered into under a separate written order form or enterprise agreement): Customer Data is not used to train Ploy’s AI models.

Exclusions from Training Data. In all cases, Ploy excludes from its AI model training datasets: authentication credentials, API keys and secrets, payment card information, environment variables, and directly identifying personal information about individuals, to the extent reasonably identifiable. Training may rely on de-identified, aggregated, or redacted forms of the remaining data.

Third-Party AI Providers. Ploy’s third-party AI infrastructure providers (currently Anthropic PBC, OpenAI, LLC, and Google LLC) commit, through their applicable enterprise or API terms, not to use Customer Data passed through their APIs to train their general-purpose foundation models.

Our handling of personal information is further described in our Privacy Policy at [URL]. If you require a Data Processing Agreement (“DPA”) for compliance purposes, contact us and we will provide our standard DPA.

5. Marketing Compliance

The Services may generate or facilitate marketing communications, campaigns, and outreach on your behalf. You are solely responsible for ensuring that all marketing activity conducted through the Services complies with applicable laws, including:

  • The CAN-SPAM Act, TCPA, and other applicable U.S. federal and state marketing regulations;
  • GDPR and ePrivacy requirements for marketing to individuals in the EEA and UK, including obtaining valid consent where required;
  • CCPA and applicable state-level privacy requirements; and
  • Any industry-specific regulations applicable to your business.

You are responsible for ensuring that any contact lists, audience data, or recipient information used with the Services have been lawfully collected and that you have the necessary permissions to contact those individuals. Ploy does not obtain marketing consents on your behalf and does not verify the opt-in status of your contacts.

6. Fees and Payment

You agree to pay all fees for your selected plan, as listed on our pricing page or in an applicable order form. All fees are in U.S. dollars and non-refundable except as stated otherwise. Payments are processed through Stripe, Inc. and Polar. Ploy does not store full payment card numbers on its servers.

Subscriptions renew automatically at the then-current price unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current term. You may cancel through your account settings; cancellation takes effect at the end of the current billing period. All fees are exclusive of applicable taxes, which are your responsibility.

7. Intellectual Property

The Services — including all software, AI models, algorithms, interfaces, documentation, and branding — are and remain the exclusive property of Ploy and its licensors. These Terms do not grant you any ownership rights in the Services beyond the limited license in Section 1.

If you provide Ploy with suggestions, ideas, or other feedback regarding the Services (“Feedback”), you assign to Ploy all right, title, and interest in that Feedback. Ploy may use Feedback for any purpose without obligation or compensation to you.

8. Confidentiality

Each party may disclose to the other non-public information that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, will protect it using at least the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to employees, contractors, and advisors who need to know and are bound by confidentiality obligations at least as protective as these. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known without restriction before disclosure, is independently developed, or is rightfully received from a third party without restriction. The receiving party may disclose Confidential Information as required by law, provided it gives prompt notice (where legally permitted) and reasonable cooperation to contest or limit disclosure.

9. Term and Termination

These Terms begin when you first access or use the Services and continue until terminated. Either party may terminate at any time with written notice. Ploy may suspend or terminate your access immediately if you breach these Terms.

Upon termination: (a) your license to use the Services terminates immediately; (b) Ploy will make your Customer Data available for export for thirty (30) days, after which it may be deleted; and (c) all fees owed become immediately due. Sections 3, 4, 5, 7, 8, 10, 11, 12, and 13 survive termination.

10. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLOY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS WILL EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PLOY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ploy and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services in violation of these Terms; (b) your Customer Data, including any claim that it infringes or misappropriates third-party rights; (c) your violation of applicable law; or (d) your use or distribution of AI Outputs. Ploy will promptly notify you of any such claim, provide you with control of the defense and settlement (provided that any settlement imposing obligations on Ploy requires Ploy’s prior written consent, not to be unreasonably withheld), and reasonable cooperation at your expense.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute that cannot be resolved through good-faith negotiation within thirty (30) days will be settled by binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

14. General Provisions

These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and Ploy regarding the Services. Ploy may update these Terms from time to time. We will notify you of material changes by posting updated Terms on our website or by email. Continued use of the Services after changes constitutes acceptance.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. You may not assign these Terms without Ploy’s prior written consent. Ploy may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. No failure or delay in exercising any right constitutes a waiver of that right.

Neither party is liable for failure or delay in performance due to causes beyond reasonable control, including natural disasters, pandemics, war, government actions, or infrastructure failures.

15. Contact

If you have questions about these Terms, contact us at:

Ploy, Inc.

Email: legal@ploy.ai

Website: https://ploy.ai