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Terms of Service List

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Company Name] ("Company," "we," "us," or "our") regarding your use of our social media management application and related services (collectively, the "Service"). By accessing, downloading, installing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.


If you do not agree to these Terms, you must not access or use our Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of such changes. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. It is your responsibility to review these Terms periodically for changes.


You represent and warrant that you have the legal capacity to enter into this agreement. 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 your acceptance of these Terms will be treated as acceptance by that organization. In such cases, "you" and "your" will refer to that organization.


These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content. The Service is offered and available to users who are at least 13 years of age and reside in the United States or any other country where the Service is available. By using the Service, you represent and warrant that you meet these eligibility requirements.


Our Service integrates with third-party platforms, including Meta/Facebook and Postiz, and your use of these integrations is subject to the respective terms of service and privacy policies of those platforms [1]. You acknowledge that your relationship with these third-party platforms is separate from your relationship with us, and we are not responsible for the actions, content, or policies of these third parties.

2. Description of Service

Our Service is a comprehensive social media management application that enables users to connect their Meta/Facebook accounts with Postiz, a social media scheduling platform, to efficiently manage, schedule, and analyze their social media content across multiple platforms. The Service is designed to streamline social media workflows for individuals, businesses, and organizations seeking to maintain a consistent and effective social media presence.


Core Functionality

Social Media Integration: Our Service provides seamless integration between your Facebook account and Postiz platform, allowing you to manage multiple social media accounts from a single interface. This integration enables you to schedule posts, manage content calendars, and coordinate social media campaigns across various platforms including Facebook, Instagram, Twitter, LinkedIn, and other supported networks.


Content Management: The Service allows you to create, edit, schedule, and publish content across your connected social media accounts. You can upload images, videos, and other media files, compose text posts, and organize your content using our scheduling and calendar features. The Service provides tools for content optimization, including hashtag suggestions, optimal posting time recommendations, and content performance analytics.


Analytics and Reporting: We provide comprehensive analytics and reporting features that help you understand the performance of your social media content. This includes engagement metrics, reach statistics, audience insights, and campaign performance data aggregated from your connected platforms. These analytics are designed to help you optimize your social media strategy and improve your content effectiveness.


Account Management: The Service includes features for managing multiple social media accounts, organizing content by campaigns or themes, and collaborating with team members on social media management tasks. You can set up approval workflows, assign roles and permissions, and maintain oversight of your organization's social media activities.


Technical Infrastructure

Cloud-Based Platform: Our Service operates as a cloud-based software-as-a-service (SaaS) platform, accessible through web browsers and mobile applications. This architecture ensures that your data is synchronized across devices and that you can access your social media management tools from anywhere with an internet connection.


API Integrations: The Service relies on official APIs provided by social media platforms and Postiz to deliver its functionality. These integrations are subject to the terms, limitations, and availability of the respective third-party services. We continuously monitor and maintain these integrations to ensure reliable service delivery.


Security and Reliability: We implement industry-standard security measures to protect your data and ensure the reliability of our Service. This includes encryption of data in transit and at rest, regular security audits, and compliance with applicable data protection regulations. However, the Service depends on third-party platforms and internet connectivity, which may occasionally affect availability or performance.


Service Limitations

Third-Party Dependencies: The functionality of our Service is dependent on the availability and policies of third-party platforms, including Meta/Facebook and Postiz. Changes to these platforms' APIs, terms of service, or policies may affect the availability or functionality of certain features of our Service. We will make reasonable efforts to adapt to such changes but cannot guarantee uninterrupted service in all circumstances.


Platform Restrictions: Your use of the Service is subject to the terms of service, community guidelines, and policies of the social media platforms you connect. We do not control these platforms and cannot override their restrictions or policies. Violations of third-party platform policies may result in limitations or suspension of your accounts on those platforms, which may affect your ability to use certain features of our Service.


Content Responsibility: While our Service provides tools for managing and scheduling social media content, you remain solely responsible for the content you create, publish, and distribute through the Service. We do not review, approve, or endorse user content, and we are not responsible for ensuring that your content complies with applicable laws, regulations, or third-party platform policies.


Service Evolution: We continuously develop and improve our Service, which may result in changes to features, functionality, or user interface. While we strive to enhance user experience through these updates, some changes may affect how you use the Service or may require you to adapt your workflows. We will provide reasonable notice of significant changes when possible.


Beta Features and Experimental Functionality

Beta Testing: From time to time, we may offer beta features or experimental functionality that is still in development. These features are provided on an "as-is" basis and may not function as expected or may be discontinued without notice. Your participation in beta testing is voluntary and subject to additional terms that we may provide.


Feedback and Improvement: We welcome user feedback about our Service and may use such feedback to improve our offerings. By providing feedback, suggestions, or ideas about the Service, you grant us the right to use, modify, and incorporate such feedback into our Service without compensation or attribution.


The Service is provided on a subscription basis with various pricing tiers and feature sets. The specific features available to you depend on your subscription level and may change over time as we update our service offerings. We reserve the right to modify our pricing, features, and service tiers with appropriate notice to users.

3. Account Registration and Security

Creating and maintaining a secure account is essential for accessing our Service and protecting your personal information and social media assets. You are responsible for providing accurate information during registration and maintaining the security of your account credentials.


Registration Requirements

Accurate Information: When creating an account, you must provide accurate, current, and complete information. This includes your name, email address, and any other information required during the registration process. You agree to update this information promptly if it changes to ensure that we can communicate with you effectively and provide appropriate service.


Age Requirements: You must be at least 13 years of age to create an account and use our Service. If you are between 13 and 18 years of age, you represent that you have obtained parental or guardian consent to use the Service. Users under 18 may be subject to additional restrictions or requirements as determined by applicable laws and our policies.


Account Verification: We may require you to verify your email address or provide additional verification information to activate your account or access certain features. This verification process helps ensure account security and prevents unauthorized access to our Service.


One Account Per User: Each user may maintain only one active account unless specifically authorized by us to maintain multiple accounts for legitimate business purposes. Creating multiple accounts to circumvent restrictions, abuse our Service, or engage in fraudulent activities is prohibited and may result in termination of all associated accounts.


Account Security

Password Security: You are responsible for choosing a strong, unique password for your account and keeping it confidential. Your password should not be shared with others or used for other online services. We recommend using a combination of letters, numbers, and special characters to create a secure password that is difficult to guess.


Two-Factor Authentication: We strongly encourage you to enable two-factor authentication (2FA) for your account when available. This additional security measure helps protect your account even if your password is compromised. You are responsible for maintaining access to your 2FA device or backup codes.


Account Monitoring: You agree to monitor your account for unauthorized access or suspicious activity. If you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately. We may suspend your account temporarily while investigating security concerns.


Authorized Access: You are responsible for all activities that occur under your account, whether or not you authorized such activities. If you allow others to access your account, you remain responsible for their actions and any consequences that result from their use of the Service.


Account Responsibilities

Information Updates: You must keep your account information current and accurate. This includes updating your email address, contact information, and any other details that affect our ability to provide Service or communicate with you about important account matters.


Compliance with Terms: You agree to use your account in compliance with these Terms, our Privacy Policy, and all applicable laws and regulations. Violations of these requirements may result in account suspension or termination.


Professional Use: If you use the Service for business or professional purposes, you represent that you have the authority to bind your organization to these Terms and that your use of the Service complies with your organization's policies and applicable professional standards.

4. Acceptable Use Policy

Your use of our Service must comply with this Acceptable Use Policy, which is designed to ensure a safe, legal, and positive experience for all users while maintaining compliance with the requirements of integrated platforms including Meta/Facebook and Postiz.


Prohibited Activities

Illegal Activities: You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction or the jurisdiction where the Service is provided. This includes but is not limited to laws related to intellectual property, privacy, data protection, consumer protection, and anti-spam regulations.


Harmful Content: You may not create, upload, share, or distribute content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable. This prohibition applies to all content you create or share through the Service, including text, images, videos, and other media.


Spam and Unsolicited Communications: You may not use the Service to send spam, unsolicited commercial communications, or bulk messages. This includes but is not limited to promotional emails, automated messages, and repetitive content designed to manipulate platform algorithms or user engagement.


Impersonation and Misrepresentation: You may not impersonate any person or entity, misrepresent your affiliation with any person or entity, or create false or misleading profiles or content. You must accurately represent yourself and your organization when using the Service.


Intellectual Property Violations: You may not upload, share, or distribute content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets. You are responsible for ensuring that you have the necessary rights to use and share all content you upload to the Service.


Malicious Software: You may not upload, distribute, or otherwise transmit any software viruses, malware, spyware, or other malicious code through the Service. You may not attempt to gain unauthorized access to our systems, other users' accounts, or any networks connected to the Service.


Platform Manipulation: You may not engage in activities designed to artificially inflate engagement metrics, manipulate platform algorithms, or otherwise deceive users or platforms about the popularity or reach of your content. This includes purchasing fake followers, likes, or other engagement metrics.


Content Standards

Community Guidelines Compliance: All content you create or share through the Service must comply with the community guidelines and terms of service of the social media platforms where it will be published. This includes Meta's Community Standards [2], Instagram's Community Guidelines, and the policies of other connected platforms.


Accuracy and Truthfulness: You are responsible for ensuring that the content you share is accurate and not misleading. You may not deliberately spread false information, conspiracy theories, or content that could cause harm to individuals or communities.


Respect for Others: Your content and interactions must be respectful of other users and the broader community. Harassment, bullying, threats, and other forms of abusive behavior are not tolerated and may result in account suspension or termination.


Age-Appropriate Content: If your content may be viewed by minors, it must be appropriate for all ages or clearly marked with appropriate warnings. You may not create or share content that is specifically designed to appeal to children but contains inappropriate material.


Commercial Use Guidelines

Advertising Compliance: If you use the Service for commercial purposes, your content must comply with applicable advertising laws and regulations, including truth-in-advertising requirements, disclosure of sponsored content, and respect for consumer privacy rights.


Promotional Content: Promotional content must be clearly identified as such and must not be deceptive or misleading. You must comply with platform-specific requirements for promotional content, including proper hashtags, disclosures, and labeling.


Contests and Giveaways: If you conduct contests, giveaways, or other promotional activities through the Service, you must comply with applicable laws and platform policies. You are solely responsible for the legal compliance and administration of such activities.


Technical Use Restrictions

API Limitations: You must respect the rate limits, usage restrictions, and technical requirements of all APIs used by the Service. Attempting to circumvent these limitations or abuse API access may result in service restrictions or termination.


System Integrity: You may not attempt to interfere with the proper functioning of the Service, including but not limited to introducing viruses, overloading systems, or attempting to gain unauthorized access to our infrastructure.


Reverse Engineering: You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof, except to the extent permitted by applicable law.


Enforcement and Consequences

Monitoring and Review: We reserve the right to monitor user activity and content for compliance with these Terms and applicable laws. However, we are not obligated to monitor all user activity and do not assume responsibility for user-generated content.


Content Removal: We may remove or disable access to content that violates these Terms or applicable laws without prior notice. We may also be required to remove content in response to valid legal requests or platform policy violations.


Account Actions: Violations of this Acceptable Use Policy may result in various enforcement actions, including warnings, temporary restrictions, feature limitations, account suspension, or permanent account termination. The specific action taken will depend on the severity and frequency of violations.


Cooperation with Authorities: We may cooperate with law enforcement authorities and provide information about users and their activities when required by law or when we believe such cooperation is necessary to protect our users, our Service, or the public.


Reporting Violations

User Reporting: We encourage users to report violations of this Acceptable Use Policy or other concerning behavior. You can report violations through our customer support channels or using reporting features within the Service.


Investigation Process: We will investigate reported violations in accordance with our internal procedures and applicable laws. We may request additional information from reporting users and will take appropriate action based on our findings.


Protection of Reporters: We prohibit retaliation against users who report violations in good faith. Users who engage in retaliatory behavior may be subject to enforcement actions under this policy.

5. Content and Intellectual Property

The relationship between user-generated content and our Service involves complex intellectual property considerations. This section clarifies the ownership, licensing, and usage rights related to content created, uploaded, or shared through our Service, ensuring that both user rights and our operational needs are appropriately addressed.


User Content Ownership and Rights

Retention of Ownership: You retain ownership of all intellectual property rights in the content you create, upload, or share through our Service ("User Content"). This includes text, images, videos, audio files, and any other creative materials you provide. Our Service does not claim ownership of your original content, and you maintain all rights to use, modify, distribute, or license your content outside of our Service.


Content Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it through our Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as described in these Terms. You also represent that your User Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.


Rights Verification: Before uploading any content to our Service, you must ensure that you have all necessary rights to that content. This includes obtaining proper licenses for copyrighted materials, securing model releases for photographs of individuals, and ensuring that you have permission to use any trademarks, logos, or other proprietary materials that appear in your content.


Content Accuracy: You represent that your User Content is accurate and not misleading, and that you have not knowingly provided false or deceptive information. You agree not to upload content that violates any applicable laws, regulations, or third-party rights.


License Grant to Company

Operational License: By uploading User Content to our Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving our Service. This license is necessary for us to store your content on our servers, display it within our application, and facilitate its distribution to your connected social media platforms.


Technical Processing: The license you grant includes the right to modify your User Content for technical purposes, such as resizing images for different platforms, converting file formats for compatibility, or optimizing content for delivery across various devices and networks. These modifications are made solely to ensure proper functionality of our Service and do not alter the substantive content of your materials.


Platform Distribution: Your license grant specifically includes the right to distribute your User Content to the social media platforms you have connected to our Service, including Meta/Facebook, Instagram, Twitter, LinkedIn, and other platforms supported through our Postiz integration. This distribution occurs according to your scheduling preferences and platform selections.


Service Improvement: We may use aggregated and anonymized data derived from User Content to improve our Service, develop new features, and conduct research. This usage does not include personally identifiable information and cannot be traced back to individual users or specific content pieces.


License Limitations and User Control

Scope Limitation: The license you grant to us is limited to the purposes described in these Terms and is necessary for the operation of our Service. We do not use your User Content for advertising purposes without your explicit consent, nor do we sell or license your content to third parties for their independent use.


Revocation Rights: You may revoke the license granted to us by deleting your User Content from our Service or by terminating your account. However, content that has already been distributed to social media platforms through our Service may remain on those platforms according to their respective terms and policies, which are beyond our control.


Backup and Recovery: We may retain copies of your User Content for backup and recovery purposes for a reasonable period after deletion. These copies are maintained solely for technical purposes and are not used for any other purpose.


Company Intellectual Property

Service Ownership: Our Service, including its software, algorithms, user interface, design elements, trademarks, logos, and other proprietary materials, is owned by us and is protected by intellectual property laws. You acknowledge that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.


Limited Use License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Service in accordance with these Terms. This license does not include the right to modify, distribute, or create derivative works of our Service or to use our intellectual property for any purpose other than accessing and using the Service as intended.


Trademark Usage: Our trademarks, service marks, and logos may not be used without our prior written consent. Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition in violation of applicable laws.


Feedback and Suggestions: If you provide feedback, suggestions, or ideas about our Service, you grant us the right to use, modify, and incorporate such feedback without compensation or attribution. This helps us improve our Service based on user input while avoiding potential intellectual property complications.


Third-Party Content and Integrations

Platform Content: Content from third-party platforms (such as Facebook posts, Instagram images, or Twitter tweets) that appears in our Service is owned by the respective platform users and is subject to the terms and policies of those platforms. We do not claim ownership of such content and display it only as necessary to provide our Service functionality.


API Content: Data and content accessed through third-party APIs (including Meta/Facebook APIs and Postiz APIs) remain subject to the terms and conditions of those platforms. Your use of such content through our Service must comply with the applicable third-party terms and policies.


Licensed Materials: We may incorporate third-party licensed materials into our Service, such as stock photos, fonts, or software libraries. These materials are used under appropriate licenses and remain the property of their respective owners.


Copyright Protection and DMCA Compliance

Copyright Respect: We respect the intellectual property rights of others and expect our users to do the same. We have implemented procedures to respond to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.


DMCA Notice Procedure: If you believe that your copyrighted work has been copied and is accessible through our Service in a way that constitutes copyright infringement, you may notify us by providing our designated copyright agent with the following information:

  • A physical or electronic signature of the copyright owner or authorized representative

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the allegedly infringing material and its location on our Service

  • Your contact information, including address, telephone number, and email address

  • A statement that you have a good faith belief that the disputed use is not authorized

  • A statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Counter-Notice Procedure: If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice containing the following information:

  • Your physical or electronic signature

  • Identification of the content that was removed and its previous location

  • A statement under penalty of perjury that you have a good faith belief that the content was removed as a result of mistake or misidentification

  • Your contact information and a statement that you consent to jurisdiction of the federal district court

Repeat Infringer Policy: We maintain a policy of terminating accounts of users who are repeat copyright infringers. Users who repeatedly upload content that infringes upon the rights of others may have their accounts suspended or terminated without prior notice.


Content Moderation and Removal

Moderation Rights: We reserve the right to review, moderate, and remove User Content that violates these Terms, applicable laws, or the policies of connected social media platforms. However, we are not obligated to monitor all User Content and do not assume responsibility for content posted by users.


Automated Systems: We may use automated systems to detect and remove content that violates our policies or applicable laws. These systems are designed to identify potentially problematic content, but they may occasionally flag content incorrectly. Users may appeal automated content decisions through our support channels.


Platform Requirements: Content that violates the terms or community guidelines of connected social media platforms may be removed from our Service to maintain compliance with those platforms' requirements. This helps ensure that our Service remains in good standing with integrated platforms.


Legal Compliance: We may remove content in response to valid legal requests, court orders, or regulatory requirements. In such cases, we will comply with applicable laws while respecting user rights to the extent possible.


The intellectual property provisions in these Terms are designed to balance the rights of users to control their content with our operational needs to provide effective social media management services. We are committed to respecting intellectual property rights while enabling users to efficiently manage and distribute their content across multiple platforms.

6. Third-Party Integrations

Our Service's core functionality depends on integrations with third-party platforms and services. Understanding these relationships and their implications is essential for using our Service effectively and in compliance with all applicable terms and policies.


Meta/Facebook Integration

Platform Relationship: Our Service is built using Meta's developer platform and APIs, making us subject to Meta's Platform Terms, Developer Policies, and other applicable requirements [3]. This relationship enables us to provide Facebook and Instagram integration features but also means that changes to Meta's policies or APIs may affect our Service functionality.


User Responsibilities: When you connect your Facebook account to our Service, you remain subject to Facebook's Terms of Service and Community Standards [4]. You are responsible for ensuring that all content you publish through our Service complies with Facebook's policies and guidelines. Violations of Facebook's terms may result in restrictions on your Facebook account that could affect your ability to use our Service.


Data Sharing: The integration with Meta involves sharing certain data as described in our Privacy Policy and as required by Meta's platform requirements. This includes technical data about API usage, authentication tokens, and content that you choose to publish to Facebook or Instagram through our Service.


Service Dependencies: Our Facebook integration features depend on the continued availability of Meta's APIs and our compliance with their platform requirements. Meta may change their APIs, policies, or requirements at any time, which could affect the functionality of our Service. We will make reasonable efforts to adapt to such changes but cannot guarantee uninterrupted service.


Postiz Integration

Service Provider Relationship: Postiz serves as our primary social media scheduling and management platform, providing the underlying infrastructure for multi-platform social media management. Our integration with Postiz enables advanced scheduling features, analytics, and support for multiple social media platforms beyond Facebook.


Postiz Terms: Your use of features powered by Postiz is subject to Postiz's Terms of Service and Privacy Policy [5]. You acknowledge that Postiz is a separate entity with its own policies and practices, and we are not responsible for Postiz's actions or policies, though we maintain contractual agreements to ensure appropriate data protection.


Platform Coverage: Through our Postiz integration, you may be able to connect and manage accounts on various social media platforms including Twitter, LinkedIn, Pinterest, TikTok, and others. Each of these platforms has its own terms of service, community guidelines, and policies that apply to your use of those platforms through our Service.


Service Limitations: The availability and functionality of specific social media platforms through our Postiz integration may change based on Postiz's relationships with those platforms, API changes, or policy updates. We will provide notice of significant changes when possible but cannot guarantee the continued availability of all platform integrations.


Other Third-Party Services

Analytics Providers: We may integrate with third-party analytics services to provide insights about your social media performance. These integrations are subject to the terms and privacy policies of the respective analytics providers.


Payment Processors: For premium features, we use third-party payment processing services that are subject to their own terms and conditions. You may be required to agree to additional terms with these payment processors.


Cloud Services: Our Service utilizes various cloud service providers for hosting, storage, and other infrastructure needs. While these relationships are generally transparent to users, they may affect service availability or performance in certain circumstances.

7. Privacy and Data Protection

Your privacy and the protection of your personal data are fundamental to our Service. This section outlines how our Terms of Service relate to our Privacy Policy and your data protection rights.


Privacy Policy Integration

Comprehensive Coverage: Our Privacy Policy, which is incorporated into these Terms by reference, provides detailed information about how we collect, use, share, and protect your personal information. The Privacy Policy should be read in conjunction with these Terms to understand your complete relationship with our Service.


Data Processing Consent: By accepting these Terms, you consent to the data processing activities described in our Privacy Policy, including the collection and use of your personal information to provide our Service, improve our offerings, and comply with legal obligations.


Third-Party Data Sharing: As described in our Privacy Policy, we may share your data with third-party service providers, including Meta/Facebook and Postiz, as necessary to provide our Service. This sharing is conducted in accordance with applicable data protection laws and contractual safeguards.


User Data Rights

Access and Control: You have various rights regarding your personal data, including the right to access, correct, delete, or restrict the processing of your information. These rights are detailed in our Privacy Policy and may vary depending on your location and applicable laws.


Data Portability: You have the right to receive your personal data in a portable format and to transfer it to other services. We provide tools and procedures to facilitate data export and account migration when requested.


Consent Withdrawal: You may withdraw your consent for certain data processing activities at any time, though this may affect the functionality of our Service. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.


International Data Transfers

Global Operations: Our Service operates globally and may involve the transfer of your personal data across international borders. We implement appropriate safeguards to ensure that such transfers comply with applicable data protection laws.


Adequacy and Safeguards: We transfer personal data only to countries with adequate data protection laws or under appropriate safeguards such as Standard Contractual Clauses approved by relevant authorities.

8. Payment Terms

For users who subscribe to premium features or services, the following payment terms apply in addition to all other provisions of these Terms.


Subscription Plans and Pricing

Plan Selection: We offer various subscription plans with different features and pricing. The specific features available to you depend on your selected plan, and we reserve the right to modify our plans and pricing with appropriate notice.


Pricing Display: All prices are displayed in the currency applicable to your location and include applicable taxes where required by law. Prices may vary by geographic location due to local tax requirements and currency differences.


Plan Changes: You may upgrade or downgrade your subscription plan at any time through your account settings. Changes to your plan will take effect at the beginning of your next billing cycle unless otherwise specified.


Billing and Payment

Payment Authorization: By providing payment information, you authorize us to charge your selected payment method for all applicable fees and charges. You represent that you have the legal right to use the payment method provided and that the information you provide is accurate and complete.


Recurring Billing: Subscription fees are billed on a recurring basis according to your selected billing cycle (monthly, annually, etc.). You will be charged automatically until you cancel your subscription or we terminate your account.


Payment Processing: We use third-party payment processors to handle billing and payment processing. These processors are responsible for securely handling your payment information in accordance with industry standards such as PCI DSS compliance.


Failed Payments: If a payment fails, we may retry the charge and may suspend your access to premium features until payment is successfully processed. Continued payment failures may result in account termination.


Refunds and Cancellations

Cancellation Rights: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to premium features until that time.


Refund Policy: Refunds are generally not provided for subscription fees, except as required by applicable law or in cases of billing errors. If you believe you have been charged in error, please contact our customer support team for assistance.


Pro-Rated Adjustments: In certain circumstances, such as plan downgrades or account termination, we may provide pro-rated credits or adjustments to your account. These adjustments are made at our discretion and in accordance with applicable laws.

9. Service Availability and Modifications

We strive to provide reliable and consistent service, but various factors may affect service availability and functionality. This section outlines our commitments and limitations regarding service availability.


Service Availability

Best Efforts: We use commercially reasonable efforts to ensure that our Service is available and functional at all times. However, we do not guarantee uninterrupted or error-free service, as various factors beyond our control may affect availability.


Maintenance and Updates: We may periodically perform maintenance, updates, or improvements to our Service that may temporarily affect availability. We will provide advance notice of scheduled maintenance when possible and will work to minimize disruption to users.


Third-Party Dependencies: Our Service depends on third-party platforms, APIs, and infrastructure providers. Outages or issues with these third parties may affect our Service availability, and we are not responsible for such third-party service interruptions.


Service Modifications

Feature Updates: We continuously develop and improve our Service, which may result in changes to features, functionality, or user interface. While we strive to enhance user experience through these updates, some changes may affect how you use the Service.


API Changes: Changes to third-party APIs, particularly those provided by Meta/Facebook and Postiz, may require us to modify our Service functionality. We will adapt to such changes as quickly as possible but cannot guarantee that all features will remain unchanged.


Notice of Changes: We will provide reasonable notice of significant changes to our Service when possible. However, some changes may be implemented immediately for security, legal compliance, or technical reasons.

10. Limitation of Liability

To the maximum extend permitted by applicable law, our liability to you is limited as described in this section. Please read this section carefully as it affects your legal rights.


Disclaimer of Warranties

As-Is Basis: The service is provided on an "as-is" and "as-available" basis withoutwarranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.


No Guarantee of Results: We do not guarantee that the service will meet your specific requirements, that your use of the service will be uninterrupted or error-free, or that any particular results will be achieved through use of the service.


Third-Party Platforms: We do not control third-party platforms and cannot guarantee their availability, functionality, or compliance with their own terms and policies.


Limitation of Damages

Exclusion of Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequencial or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, resulting from your use of the service.


Damage Cap: Our total liability to you for all claims arising from or relating to the service shall not exeed the amount you paid to us for the service during the twelve (12) months preceding the claim.


Essential Purpose: The limitations in this section apply even if any limited remedy fails of its essential purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:


Your Use of Service: Your use or misuse of the Service, including any content you create, upload, or share through the Service.


Violation of Terms: Your violation of these Terms, our Privacy Policy, or any applicable laws or regulations.


Third-Party Rights: Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights.


Connected Platforms: Your use of connected social media platforms through our Service and any violations of those platforms' terms or policies.


This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Termination

Either party may terminate this agreement under the circumstances described in this section.


Termination by You

Account Deletion: You may terminate your account and stop using our Service at any time by deleting your account through your account settings or by contacting our customer support team.


Effect of Termination: Upon termination by you, your access to the Service will cease, and we will delete your account and associated data in accordance with our Privacy Policy and data retention practices.


Termination by Us

Violation of Terms: We may terminate your account immediately if you violate these Terms, our Privacy Policy, or engage in conduct that we determine is harmful to our Service, other users, or third parties.


Inactive Accounts: We may terminate accounts that have been inactive for an extended period, typically after providing notice and an opportunity to reactivate the account.


Service Discontinuation: We may discontinue the Service entirely with reasonable advance notice to users.


Effect of Termination

Data Retention: Following termination, we will retain your data only as necessary to comply with legal obligations, resolve disputes, and enforce our agreements. 

Personal data will be deleted in accordance with our Privacy Policy.


Survival: Certain provisions of these Terms will survive termination, including intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.

13. Dispute Resolution

We prefer to resolve disputes amicably and efficiently. This section outlines the procedures for addressing disputes that may arise between you and our company.


Informal Resolution

Direct Communication: Before initiating formal dispute resolution procedures, we encourage you to contact our customer support team to attempt to resolve any issues informally. Many disputes can be resolved quickly through direct communication.


Good Faith Efforts: Both parties agree to make good faith efforts to resolve disputes through informal means before pursuing formal legal action.


Binding Arbitration

Arbitration Agreement: Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except as otherwise provided in this section.


Arbitration Rules: Arbitration will be conducted under the rules of [Arbitration Organization] and will take place in [Location]. The arbitrator's decision will be final and binding.


Class Action Waiver: You agree that any arbitration will be conducted on an individual basis and not as part of a class action, collective action, or representative proceeding.


Exceptions to Arbitration

Small Claims: Disputes that qualify for small claims court may be pursued in small claims court instead of arbitration.


Injunctive Relief: Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or prevent irreparable harm.

14. Governing Law

These Terms and your use of the Service are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the courts of Ontario, Canada.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.


Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.


Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.


Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.


Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.


Updates to Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We will provide notice of material changes and will post updated Terms with a new effective date.

16. Contact Information

If you have questions about these Terms or need to contact us for any reason related to the Service, please use the following contact information:


Email: legal@perlogic.ca


Mailing Address:

PerLogic Ltd.

Attention: Legal Department

200 Rideau St

Unit 1301

Ottawa, Ontario, 

K1N 5Y1

Canada


Customer Support: For general questions about the Service, please contact our customer support team through the application or at support@perlogic.ca

Need more details? Contact us.

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© 2021 PerLogic Ltd.

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