Terms of Service

Version 2 · Last updated 3 November 2026

1. The agreement

These terms are an agreement between SmartSpark Services ("we", "us"), which operates Afkat, and the business that uses Afkat ("you"). By creating an account, joining a business on Afkat or using Afkat, you accept these terms on behalf of that business, and you confirm you have the authority to do so. Our Privacy Policy explains how we handle personal data and forms part of these terms.

2. Who may use Afkat

Afkat is for businesses. You must be at least 18 and use Afkat for a business, not for personal, family or household purposes. You may not use Afkat if the law forbids you to, or if we have closed an account of yours for breaking these terms.

3. Your account and your team

Give accurate details when you sign up and keep them up to date.
Keep your password secret. You are responsible for what happens under your account and for the people you invite to your business.
A business's owners control it: they invite and remove members, connect accounts, and can export or delete the business's data. Members act for the business within the role the owners give them.
Tell us at once at info@smartsparkservices.com if you think someone has used your account without permission.

4. What Afkat does

Afkat helps you market your business on social media. Using the products, facts, photos, rules and settings you give it, Afkat plans posts, writes captions and replies, generates images, videos, voiceovers and music, checks them against your facts and rules, publishes them on your schedule, answers comments and messages, alerts you on WhatsApp when a person is needed, and reports results.

Besides product posts, Afkat can post tips, answers to common questions, posts about your business and greetings for occasions, in the shares you choose. Occasions are marked only in the countries you say your customers live in, and only the ones you switch on.

Afkat acts automatically within the rules you set: you do not approve each post or reply. You decide what Afkat knows, what it may say and how often it acts, and you can pause publishing, change your rules or disconnect an account at any time. We may change, add or remove features; if a change takes away something you rely on, we will tell you in advance when we reasonably can.

5. Connecting Instagram and Facebook

You may connect only accounts and Pages you own or are authorised to manage for the business.
By connecting one, you allow Afkat to publish, reply, send messages and read results for it as described in our Privacy Policy, until you disconnect it.
Instagram and Facebook are run by Meta, not by us. Your use of them stays subject to Meta's own terms and policies, and you remain responsible for complying with them, including their rules on advertising, promotions and messaging.
Meta may change, limit or withdraw what apps like Afkat can do. When that happens, a feature may stop working, and we are not responsible for Meta's decisions.

6. Your content and facts

"Your content" means everything you or your team give Afkat: business details, products, prices, availability, delivery terms, FAQs, rules, brand voice and photos.
You keep all rights in your content. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process, adapt and publish it only as needed to run Afkat for you, including sending it to the service providers listed in our Privacy Policy. The licence ends when your content is deleted, except for copies we must keep by law or that sit in backups until they expire.
You are responsible for your content: that it is accurate and kept up to date, that you have the rights to the photos and other material you upload, and that your products, prices and claims are lawful. Afkat answers customers from your facts, so a wrong price or a stale stock level in Afkat can reach your customers.
People in your photos. When you upload a brand photo that shows people (your staff, your customers or anyone else who can be recognised), you confirm that each of them agreed to appear in your marketing. You are responsible for getting and keeping that agreement. If someone shown asks to be removed, delete the photo in Afkat: Afkat then withdraws the posts that show it and haven't been published. Posts already published stay on Instagram or Facebook until you remove them there. If such a request reaches us, we will pass it to you.

7. Content Afkat generates

Afkat uses artificial intelligence to write and create content. Afkat checks prices, availability, delivery terms and other facts against your content before publishing or replying, and hands uncertain questions to you rather than answering them. Even so, generated content can contain mistakes, and similar businesses may receive similar content.
Tips and advice. Afkat states advice only from statements in your library that you approved, or, if you allow it, general advice that makes no specific claim. Afkat may suggest statements from your descriptions, FAQs, earlier posts and (if you turn it on) your own replies to customers; nothing is used until you approve it. You are responsible for the statements you approve. A regulated claim, such as a health claim, is published only with evidence from an approved source that Afkat has checked, and you remain responsible for whether you may make it where your customers are.
As between you and us, you own the captions, replies, images, videos and audio Afkat generates for you, to the extent the law allows anyone to own them. You may use them for your business, including outside Afkat. The voiceovers and music are made under our provider's commercial licence, which covers their use in your marketing.
You are responsible for what is published on your accounts. Review your posts and conversations in the dashboard, keep your rules current, and pause publishing if something is wrong.

8. Acceptable use

You must not use Afkat to:

promote anything illegal, or any product or service that Meta's policies forbid or restrict without meeting their requirements;
make false, misleading or unsubstantiated claims, including health, financial or before-and-after claims you can't support;
infringe anyone's intellectual property, privacy or other rights, for example by uploading photos you have no right to use;
send spam, harass people, or contact people who have not contacted your business;
impersonate another person or business;
interfere with, probe, overload or reverse engineer Afkat, or access it by any means other than its dashboard and published interfaces;
resell Afkat or let people outside your business use it.

9. Your customers' data

When people comment on your posts or message your business, Afkat processes their personal data (names, identifiers and what they wrote) for you, to answer them and pass conversations to you. For that data, you are the controller and we are your processor. We will:

process it only to provide Afkat to you and as these terms and our Privacy Policy describe, or as the law requires;
keep it confidential, protect it with appropriate security measures, and bind the service providers we use for it to equivalent obligations;
help you answer your customers' requests to see or delete their data (Afkat lets you delete a customer's data from a conversation);
tell you without undue delay if we learn of a breach affecting it;
delete it when you delete the conversation or the business, or when our retention periods end.

You are responsible for having a lawful basis to process your customers' data and for telling them how you use it.

If you turn on learning from your conversations, Afkat reads your own replies to customers, removes their names, usernames and numbers, and suggests statements for your library. These are processed for you under this section, and a customer's erasure removes the suggestions made from their conversation that you haven't approved.

10. Fees

Afkat is free during early access. We may introduce paid plans or usage limits; we will tell you at least 30 days before any charge applies to you, and you can stop using Afkat before then. Afkat may limit how much content it generates for a business in a period, to keep the service fair and its costs predictable.

11. Other services

Afkat relies on services run by others, including Meta (Instagram, Facebook, WhatsApp) and the AI and hosting providers named in our Privacy Policy. Their outages, limits or changes can affect Afkat. We are not responsible for services we don't control, but we choose them carefully and replace them when we need to.

12. Ownership of Afkat

We own Afkat: its software, design, prompts, models we configure, and brand. These terms give you a limited, non-exclusive, non-transferable right to use Afkat for your business while they apply; they don't transfer any of our rights to you. If you send us feedback or ideas, we may use them without obligation to you.

13. Suspension and closing

You can stop using Afkat at any time, and the owners of a business can delete it in the dashboard (Settings → Account and privacy).
We may suspend or limit a business's access, including pausing its publishing or replies, if it breaks these terms, if Meta or the law requires it, or to protect Afkat, other businesses or the public. Where we reasonably can, we will tell you first and give you a chance to fix the problem.
We may close a business's account for a serious or repeated breach, or end Afkat with at least 30 days' notice.
When an account closes, your access ends and your data is deleted as our Privacy Policy describes. You can export it first while your access lasts. Terms 6 (licence for retained copies), 9, 12, 14, 15 and 17 continue to apply after closing.

14. Disclaimers

We provide Afkat with reasonable skill and care, but "as is" and "as available". To the extent the law allows, we make no other promises, including that Afkat will be uninterrupted or error-free, that generated content will be accurate or suitable for every purpose, or that your posts will reach a given audience or produce any result.

15. Liability

To the extent the law allows, neither party is liable for indirect or consequential losses, or for lost profits, revenue, data or goodwill, arising from these terms or Afkat.
To the extent the law allows, our total liability under these terms in any 12 months is limited to the greater of the fees you paid us in those 12 months and US$100.
Nothing in these terms limits liability that the law does not allow to be limited.
You will defend and compensate us against claims by others arising from your content, your products or services, or your breach of these terms or of Meta's policies, to the extent the claim is caused by you.

16. Changes to these terms

We may update these terms. We will post each version here with its date and version number. For a material change, we will email the business's owners at least 30 days before it takes effect, and the dashboard will ask you to accept the new version. If you don't accept it, you can stop using Afkat and delete your business before the change applies.

17. Governing law and disputes

The laws of the State of Arizona, USA, govern these terms, without regard to conflict-of-law rules. The state and federal courts in Maricopa County, Arizona, have exclusive jurisdiction over any dispute arising from them, and both parties agree to that jurisdiction. Before going to court, each party will first try in good faith to settle the dispute by writing to the other.

18. General

These terms, with the Privacy Policy, are the whole agreement between you and us about Afkat.
If a court finds part of these terms unenforceable, the rest still applies.
Not enforcing a term straight away does not waive it.
You may not transfer these terms without our written consent. We may transfer them to a company that takes over Afkat, and will tell you if we do.
Neither party is responsible for delays or failures caused by events beyond its reasonable control.
We send notices to the email addresses of the business's owners; you send notices to info@smartsparkservices.com.

19. Contact

SmartSpark Services
Arizona, USA
Email: info@smartsparkservices.com