Terms of Service
Last updated: December 21, 2024
Acceptance of Terms
Welcome to PostSMore. These Terms of Service ("Terms") govern your access to and use of our AI-powered social media content planning platform, including our website, applications, and services (collectively, the "Service").
By accessing or using PostSMore, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.
These Terms constitute a legally binding agreement between you and PostSMore ("we," "us," or "our"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Service Description
PostSMore is an AI-powered platform that enables users to plan, generate, schedule, and publish social media content. Our Service includes:
- AI-powered content generation using advanced language models
- AI-powered image generation for social media posts
- Content calendar planning and visualization
- Multi-platform social media scheduling and publishing
- Team collaboration and content approval workflows
- Content pillar organization and management
- Analytics and performance tracking
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without liability.
Account Registration and Security
Account Creation
To use PostSMore, you must create an account by providing:
- A valid email address
- A secure password
- Accurate account information
Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breaches
- Ensuring your account information remains accurate and up-to-date
Account Requirements
- You must be at least 13 years old (or 16 in the EEA) to use our Service
- You may only maintain one account unless authorized by us
- You may not share your account with others or transfer it without our consent
- You may not use another person's account without permission
Acceptable Use Policy
Permitted Use
You may use PostSMore solely for lawful purposes and in accordance with these Terms. You agree to use the Service in a professional and ethical manner.
Prohibited Activities
You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service to create, transmit, or distribute harmful, abusive, harassing, defamatory, or otherwise objectionable content
- Generate spam, misinformation, or deceptive content
- Infringe upon intellectual property rights of others
- Impersonate any person or entity or misrepresent your affiliation
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems (bots, scrapers) to access the Service except through our API
- Interfere with or disrupt the Service or servers
- Remove, alter, or obscure any proprietary notices
- Use the Service to compete with us or develop competing products
- Resell or redistribute the Service without authorization
Content Standards
When creating or publishing content through PostSMore, you must comply with:
- All applicable laws and regulations
- The terms of service and community guidelines of target social media platforms
- Copyright, trademark, and other intellectual property laws
- Privacy laws and regulations (GDPR, CCPA, etc.)
- Anti-spam and anti-harassment laws
Content and Intellectual Property
Your Content
You retain all ownership rights to content you create, upload, or provide to PostSMore ("Your Content"). By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display Your Content to provide the Service
- Use Your Content to improve our AI models and Service (you may opt-out by contacting us)
- Transmit Your Content to third-party social media platforms as instructed by you
- Create backups and cached copies for reliability and performance
This license terminates when you delete Your Content or close your account, except for content that has been shared with others or is required for legal purposes.
Our Intellectual Property
PostSMore and all related logos, designs, text, graphics, software, and other content (excluding Your Content) are owned by us or our licensors and protected by intellectual property laws. You may not use our trademarks, service marks, or logos without our prior written consent.
Feedback
If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation or compensation to you.
AI-Generated Content
Nature of AI Content
Important disclaimers regarding AI-generated content:
- Non-Deterministic: AI models are non-deterministic and may produce different outputs for similar inputs
- No Guarantees: We do not guarantee the accuracy, quality, or suitability of AI-generated content
- Review Required: You are responsible for reviewing and editing all AI-generated content before publishing
- Originality: While AI models attempt to generate original content, we cannot guarantee that content is entirely unique or free from similarity to existing works
- Bias and Errors: AI models may reflect biases present in training data and may produce factual errors
Your Responsibility
You acknowledge and agree that:
- You are solely responsible for content published through our Service, including AI-generated content
- You must verify the accuracy and appropriateness of all content before publication
- You must ensure AI-generated content complies with applicable laws and platform policies
- You may need to disclose that content was AI-generated per applicable laws or platform requirements
Third-Party AI Providers
Our Service uses third-party AI providers (OpenRouter, X.AI, and others). Your use of AI features is subject to these providers' terms and acceptable use policies. We are not responsible for the performance, availability, or content generated by third-party AI services.
Subscriptions and Billing
Subscription Plans
PostSMore offers various subscription plans with different features and usage limits. Current plans and pricing are available on our website. We reserve the right to modify plans and pricing with notice to existing subscribers.
Billing
- Payment: Subscriptions are billed in advance on a monthly or annual basis
- Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
- Payment Methods: We accept payment methods as displayed during checkout
- Currency: Prices are listed in USD unless otherwise specified
- Taxes: Prices may not include applicable taxes, which will be added at checkout
Cancellation and Refunds
- You may cancel your subscription at any time from your account settings
- Cancellation takes effect at the end of the current billing period
- No refunds for partial billing periods unless required by law
- We may offer refunds at our discretion on a case-by-case basis
- Free trials may be cancelled any time before the trial ends to avoid charges
Changes to Subscriptions
- You may upgrade your plan at any time; changes take effect immediately
- Downgrades take effect at the next billing cycle
- Prorated credits may be applied for upgrades at our discretion
Usage Limits
Each subscription plan has specific usage limits (AI-generated posts, images, social accounts, team members, etc.). Exceeding limits may require an upgrade or result in temporary restrictions.
Termination
Termination by You
You may terminate your account at any time by:
- Cancelling your subscription and deleting your account through account settings
- Contacting our support team
Termination by Us
We may suspend or terminate your account if:
- You violate these Terms or our Privacy Policy
- You engage in fraudulent or abusive behavior
- Your payment fails or your account is past due
- We are required to do so by law
- We discontinue the Service (with reasonable notice)
Effect of Termination
Upon termination:
- Your access to the Service will cease immediately
- Scheduled posts may be cancelled
- Your data will be deleted according to our Privacy Policy
- You may request an export of your data before termination
- Provisions that should survive termination (payment obligations, disclaimers, indemnification) will remain in effect
Disclaimers and Limitations of Liability
Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- AI-generated content will meet your requirements or expectations
- Posts will be successfully published to social media platforms
- Content will achieve specific engagement or business results
- Third-party services will continue to function or remain available
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTSMORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.
Third-Party Services
We are not responsible for third-party services, including AI providers, social media platforms, payment processors, or hosting providers. Your use of third-party services is at your own risk and subject to their respective terms.
Indemnification
You agree to indemnify, defend, and hold harmless PostSMore, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Content you create, upload, or publish through the Service
- Your violation of applicable laws or regulations
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by the laws of United States, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or your use of the Service shall be resolved through:
- Informal Resolution: Contact us first to attempt informal resolution
- Mediation: If informal efforts fail, disputes may be submitted to mediation
- Arbitration or Court: United States
Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations, to the extent permitted by law.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms with a new "Last Updated" date
- Sending email notification to your registered address
- Displaying a notice within the Service
Your continued use of PostSMore after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.
Contact Information
For questions about these Terms, please contact us:
- Email: support@postsmore.com
- Support: help@postsmore.com
- Legal: legal@postsmore.com
- Address: San Francisco, CA
Social Media Integration
Authorization
To post content to social media platforms, you must authorize PostSMore to access your accounts. By connecting a social media account:
Platform Compliance
You must comply with the terms of service, API terms, and community guidelines of each connected platform:
Platform Limitations
Social media platforms may change their APIs, policies, or features at any time. We are not responsible for platform changes that affect posting functionality or require modifications to our Service.