Terms of Service

Last updated: 2025-08-18

1. Acceptance of Terms

By accessing, browsing, or using Postinow ("the Service", "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms", "Agreement") and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and Postinow ("we", "us", "our", "Company"). By creating an account or using our services, you represent that you have the legal capacity to enter into this agreement.

2. Service Description and Scope

2.1 Platform Overview

Postinow is a comprehensive social media management platform that enables users to create, schedule, publish, and analyze content across multiple social media platforms. Our service integrates with various social media APIs to provide seamless cross-platform publishing capabilities.

2.2 Supported Platforms

Current and planned platform integrations include:

• TikTok: Video uploads, content publishing, and engagement tracking (via TikTok Business API)
• Instagram: Photo and video sharing, story publishing, and analytics (via Instagram Graph API)
• Facebook: Page posts, media uploads, and audience engagement (via Facebook Graph API)
• X (Twitter): Text posts, media uploads, thread creation (via X API v2)
• LinkedIn: Professional content sharing and company page management (via LinkedIn API - coming soon)

2.3 Core Features

• Content creation and editing tools
• Multi-platform publishing and scheduling
• Analytics and performance tracking
• Team collaboration and workflow management
• Content library and asset management
• Automated posting and campaign management

3. Third-Party Platform Integration and Compliance

3.1 Platform Terms Incorporation

Your use of Postinow includes integration with third-party social media platforms. By connecting your accounts to these platforms through our service, you agree to comply with their respective terms of service, community guidelines, and developer policies. These third-party terms are incorporated by reference into this Agreement.

3.2 TikTok Business API Compliance

Our TikTok integration is governed by the TikTok for Developers Terms of Service. You also agree to be bound by the TikTok Terms of Service and TikTok Privacy Policy.

3.3 Meta Platform Compliance (Instagram/Facebook)

Our Instagram and Facebook integrations are governed by the Meta Platform Policy. You also agree to be bound by the Facebook Terms of Service and Instagram Terms of Use.

3.4 X (Twitter) Platform Compliance

Our X integration operates under the X Developer Agreement and X Developer Policy. You remain subject to X Terms of Service and community guidelines.

3.5 LinkedIn Platform Compliance

Our LinkedIn integration operates under the LinkedIn API Terms of Use. You remain subject to LinkedIn User Agreement and professional community policies.

3.6 General Platform Compliance

For all integrated platforms:

• You must comply with each platform's terms of service and community guidelines
• You are responsible for obtaining necessary permissions for content publishing
• Platform-specific rate limits and restrictions apply to your usage
• Content must meet each platform's quality and format requirements

3.7 API Limitations and Dependencies

Our service functionality depends on third-party APIs and their availability. We do not guarantee uninterrupted access to platform APIs and are not responsible for changes, limitations, or discontinuation of third-party services that may affect our platform's functionality.

4. User Accounts and Registration

4.1 Account Eligibility and Creation

To create and maintain a Postinow account, you must:

• Be at least 16 years of age (or the minimum age required in your jurisdiction)
• Provide accurate, current, and complete information during registration
• Have the legal capacity to enter into this binding agreement
• Not be prohibited from using our services under applicable laws
• Maintain one primary account per individual or business entity

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, particularly for violations of these Terms or applicable laws.

4.2 Account Security and Responsibilities

You are fully responsible for maintaining the confidentiality and security of your account credentials. This includes:

• Choosing a strong, unique password and updating it regularly
• Enabling two-factor authentication when available
• Not sharing your account credentials with unauthorized parties
• Immediately notifying us of any suspected unauthorized access
• Taking responsibility for all activities that occur under your account
• Ensuring your contact information remains current and accurate

4.3 Account Types and Team Access

Postinow offers different account types:

• Individual Accounts: Personal use with single-user access
• Team Accounts: Multi-user access with role-based permissions
• Agency Accounts: Client management and white-label features

For team and agency accounts, the account owner is responsible for managing user permissions and ensuring all team members comply with these Terms.

5. Acceptable Use Policy and Content Guidelines

5.1 Permitted Uses

Postinow is designed to facilitate legitimate social media marketing and content distribution. Permitted uses include:

• Creating, editing, and publishing original content across supported platforms
• Scheduling and automating content publication for optimal engagement
• Managing multiple social media accounts and brand presence
• Analyzing content performance and audience engagement metrics
• Collaborating with team members on content creation and strategy
• Using our APIs and integrations for legitimate business purposes
• Accessing analytics, reporting, and audience insights

5.2 Content Standards and Requirements

All content uploaded, stored, or distributed through Postinow must:

• Comply with all applicable laws and regulations
• Respect intellectual property rights and licensing requirements
• Meet the community guidelines of target platforms
• Be authentic and not misleading or deceptive
• Not contain malicious code, viruses, or harmful software
• Respect privacy rights and obtain necessary consents

5.3 Strictly Prohibited Activities

The following activities are expressly forbidden and may result in immediate account termination:

Content Violations:

• Uploading content that promotes violence, hate speech, or discrimination
• Distributing copyrighted material without proper authorization
• Publishing misleading, false, or deceptive information
• Sharing content that violates privacy rights or contains personal information without consent
• Posting spam, unsolicited commercial messages, or repetitive content

Technical Violations:

• Attempting to reverse engineer, decompile, or hack our platform
• Circumventing API rate limits, security measures, or access controls
• Using automated tools to create fake engagement or followers
• Interfering with the proper functioning of our services
• Accessing unauthorized areas of our platform or user accounts

Commercial Violations:

• Reselling, redistributing, or white-labeling our services without authorization
• Using our platform to compete directly with our services
• Violating subscription terms or attempting to circumvent payment
• Creating multiple accounts to exceed usage limits

5.4 Platform-Specific Compliance

You must ensure all content and activities comply with the specific requirements of each connected platform, including but not limited to:

• TikTok's Community Guidelines and Commercial Content Policy
• Instagram's Community Guidelines and Commercial Terms
• Facebook's Community Standards and Business Terms
• X's Rules and Terms of Service
• LinkedIn's Professional Community Policies

6. Intellectual Property and Content Rights

6.1 Your Content Ownership and Rights

You retain full ownership of all content you create, upload, or submit through Postinow ("User Content"). However, by using our services, you grant us certain limited rights necessary to operate our platform effectively.

License Grant to Postinow:

You grant Postinow a non-exclusive, worldwide, royalty-free license to:

• Store, process, and transmit your User Content through our services
• Distribute your content to connected social media platforms as directed by you
• Create derivative works (such as resized images or format conversions) necessary for platform compatibility
• Display your content within our platform for management and preview purposes
• Use aggregated, anonymized data derived from your content for service improvement

This license terminates when you delete content from our platform or terminate your account, except for content that has been shared with others or incorporated into our service improvements.

6.2 Content Representations and Warranties

By uploading content to Postinow, you represent and warrant that:

• You own all rights in the content or have obtained all necessary licenses and permissions
• Your content does not infringe on any third party's intellectual property rights
• You have obtained all necessary rights, licenses, and permissions for any third-party materials included
• Your content complies with all applicable laws and platform guidelines
• You have the right to grant the licenses described in these Terms

6.3 Postinow Intellectual Property

Postinow and its licensors own all rights in:

• The Postinow platform, including software, algorithms, and user interface
• Our trademarks, service marks, logos, and brand elements
• Documentation, tutorials, and support materials
• Aggregated and anonymized analytics and insights
• Platform improvements and innovations developed using service data

License to Use Our Platform: We grant you a limited, non-exclusive, non-transferable license to use Postinow in accordance with these Terms and your subscription plan.

6.4 Copyright and DMCA Policy

We respect intellectual property rights and expect our users to do the same. If you believe content on our platform infringes your copyright:

• Send a DMCA takedown notice to our designated agent
• Include all required information under the Digital Millennium Copyright Act
• We will investigate and take appropriate action, including content removal if warranted
• Repeated copyright violations may result in account termination

DMCA notices should be sent to: dmca@postinow.com

6.5 User-Generated Analytics and Insights

Postinow may use aggregated, anonymized data derived from user content and platform usage to:

• Improve our services and develop new features
• Generate industry insights and benchmarking data
• Create predictive analytics and optimization recommendations
• Enhance content distribution algorithms and scheduling optimization

This usage does not include personal information and cannot be used to identify individual users or their specific content.

7. Privacy, Data Protection, and User Rights

7.1 Privacy Policy Integration

Your privacy and data protection are fundamental to our service. Our collection, use, storage, and sharing of personal information is governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of this Agreement.

7.2 Data Processing Consent and Legal Basis

By using Postinow, you provide explicit consent for us to process your personal data as described in our Privacy Policy. Our legal basis for processing includes:

• Contractual Necessity: Processing required to provide our services
• Legitimate Interest: Service improvement, security, and analytics
• Legal Compliance: Meeting regulatory and legal requirements
• Explicit Consent: Marketing communications and optional features

7.3 International Data Transfers

Your data may be transferred to and processed in countries outside your jurisdiction. We ensure appropriate safeguards through:

• Standard Contractual Clauses approved by regulatory authorities
• Adequacy decisions for data transfer to approved countries
• Certification schemes and binding corporate rules where applicable
• Additional security measures for sensitive data transfers

7.4 Your Privacy Rights

Depending on your location, you may have the following rights regarding your personal data:

Universal Rights:

• Access: Request copies of your personal data
• Rectification: Correct inaccurate or incomplete data
• Deletion: Request removal of your personal data
• Portability: Receive your data in a portable format

Enhanced Rights (GDPR/CCPA):

• Objection: Object to processing based on legitimate interests
• Restriction: Limit processing of your data in certain circumstances
• Opt-out: Withdraw consent for optional processing activities
• Non-discrimination: Exercise rights without penalty or reduced service

To exercise these rights, contact us at privacy@postinow.com or through your account settings.

7.5 Data Security and Breach Notification

We implement comprehensive security measures to protect your data, including encryption, access controls, and regular security audits. In the event of a data breach that may affect your rights and freedoms, we will:

• Notify relevant authorities within 72 hours where required by law
• Inform affected users without undue delay
• Provide clear information about the nature and scope of the breach
• Take immediate action to contain and remediate the incident

8. Subscription Plans, Billing, and Payment Terms

8.1 Service Plans and Features

Postinow offers multiple subscription tiers designed to meet different user needs:

Free Plan:

• 5 posts per month across all connected platforms
• 1 connected social media account
• Basic scheduling functionality
• Standard email support
• Limited analytics and reporting

Pro Plan (€15/month):

• Unlimited posts and content publishing
• Up to 5 connected social media accounts
• Advanced scheduling with optimal timing suggestions
• Comprehensive analytics dashboard and reporting
• Priority customer support
• Custom branding options
• Team collaboration features (up to 3 users)

Agency Plan (€49/month):

• All Pro Plan features
• Up to 20 connected social media accounts
• Advanced team collaboration and workflow management
• White-label and custom branding options
• API access for custom integrations
• Dedicated account manager and priority support
• Advanced analytics and client reporting tools

8.2 Billing and Payment Processing

Our billing practices are designed for transparency and security:

• Advance Billing: Subscription fees are charged at the beginning of each billing cycle
• Secure Processing: All payments are processed through Stripe, a PCI DSS compliant payment processor
• Automatic Renewal: Subscriptions renew automatically unless cancelled
• Payment Methods: We accept major credit cards, PayPal, and bank transfers for annual plans
• Currency: Prices are displayed in Euros (EUR) but may be charged in your local currency
• Taxes: Applicable taxes (VAT, sales tax) are added based on your billing location

8.3 Free Trials and Promotional Offers

• New users receive a 14-day free trial of Pro features
• No credit card required for initial trial signup
• Trial automatically converts to Free plan unless a paid plan is selected
• Promotional pricing and special offers may be available periodically
• Promotional terms are specified at the time of offer and may have additional conditions

8.4 Price Changes and Notifications

We reserve the right to modify subscription prices with the following commitments:

• 30 days' advance notice for existing subscribers
• Price changes apply at your next billing cycle, not mid-cycle
• Grandfathered pricing may apply for early adopters and long-term subscribers
• Annual subscription holders are protected from price increases during their subscription term

8.5 Subscription Management and Cancellation

You have full control over your subscription:

• Cancellation: Cancel anytime through your account settings or by contacting support
• Service Continuation: Access continues until the end of your current billing period
• Reactivation: Cancelled accounts can be reactivated at any time
• Downgrading: Plan downgrades take effect at the next billing cycle
• Data Retention: Account data is retained according to our Privacy Policy

8.6 Refund Policy

Our refund policy balances fairness with business sustainability:

• No Partial Refunds: We do not provide prorated refunds for partial billing periods
• Service Credits: Technical issues may be resolved with service credits at our discretion
• Exceptional Circumstances: Refunds may be considered for documented technical failures or billing errors
• Chargeback Policy: Unauthorized chargebacks may result in account suspension

9. Service Availability, Performance, and Limitations

9.1 Service Level Commitment

We are committed to providing reliable service with the following targets:

• Uptime Target: 99.9% monthly uptime, excluding scheduled maintenance
• Scheduled Maintenance: Advance notice provided for planned downtime
• Emergency Maintenance: May occur without advance notice for security or critical issues
• Third-Party Dependencies: Service availability may be affected by social media platform APIs
• Performance Monitoring: Continuous monitoring and incident response procedures in place

9.2 Usage Limits and Fair Use Policy

To ensure optimal performance for all users, the following limits apply:

Technical Limits:

• File Size: Maximum 2GB per file upload
• Storage: Limits vary by subscription plan
• API Calls: Rate limits aligned with platform requirements
• Concurrent Operations: Reasonable limits to prevent system overload

Platform-Specific Limits:

• YouTube: Subject to YouTube API quotas and upload limits
• X (Twitter): Tweet limits and media size restrictions apply
• Other Platforms: Respective platform limits and policies apply

9.3 Third-Party Service Dependencies

Our service integrates with third-party platforms and services. We are not responsible for:

• Changes to third-party APIs or terms of service
• Downtime or performance issues with connected platforms
• Content moderation decisions made by third-party platforms
• Platform policy changes that may affect functionality

10. Disclaimers, Warranties, and Limitation of Liability

10.1 Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.2 Third-Party Platform Disclaimers

We specifically disclaim any warranties regarding:

• The availability, functionality, or performance of third-party social media platforms
• Content moderation decisions made by connected platforms
• Changes to platform APIs, policies, or terms of service
• The success or performance of content published through our service

10.3 Limitation of Liability

10.4 Essential Service Exception

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and the above limitations may not apply to you.

10.5 Force Majeure

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

11. User Indemnification

11.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Postinow, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content and any claims that it infringes, violates, or misappropriates third-party rights
• Your violation of any applicable laws or regulations
• Any false, inaccurate, or misleading information you provide
• Your negligent or wrongful conduct

11.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

12. Account Termination and Suspension

12.1 Termination by User

You may terminate your account at any time through the following methods:

• Self-service termination through your account settings
• Contacting our support team at support@postinow.com
• Written notice to our business address

Effects of User Termination:

• Your access to the Service will be discontinued at the end of your current billing period
• You remain obligated to pay any outstanding fees
• We will process data deletion requests according to our Privacy Policy
• Your User Content will be removed from our active systems within 30 days

12.2 Termination and Suspension by Postinow

We may terminate or suspend your account immediately, with or without notice, for any of the following reasons:

Immediate Termination Grounds:

• Material breach of these Terms of Service
• Violation of applicable laws or regulations
• Infringement of third-party intellectual property rights
• Fraudulent activity or payment disputes
• Threats to the security or integrity of our platform
• Repeated violations after warnings

Suspension Grounds:

• Non-payment of fees (with opportunity to cure)
• Suspected policy violations pending investigation
• Technical issues requiring account isolation
• Regulatory or legal requirements

12.3 Effects of Termination

Upon termination of your account by either party:

• Your license to use the Service immediately terminates
• We may delete your User Content and account data
• You lose access to all Service features and stored content
• Outstanding payment obligations remain in effect
• Provisions that should survive termination will continue to apply

12.4 Survival

The following provisions will survive termination of this Agreement: payment obligations, intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Service and any disputes arising from or relating to the Service will be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.

13.2 Dispute Resolution Process

Informal Resolution:

Before initiating formal proceedings, you agree to first contact us at legal@postinow.com to seek an informal resolution. We commit to responding within 30 days and working in good faith to resolve disputes.

Binding Arbitration:

If informal resolution fails, disputes will be resolved through binding arbitration administered by [Arbitration Organization] under their Commercial Arbitration Rules, except:

• Claims that may be brought in small claims court
• Claims for injunctive or equitable relief
• Claims related to intellectual property infringement

Class Action Waiver:

You agree that disputes will be resolved on an individual basis and waive your right to participate in class actions, collective proceedings, or representative actions.

13.3 Jurisdiction and Venue

For disputes not subject to arbitration, you agree to the exclusive jurisdiction and venue of the courts located in [Your Jurisdiction].

14. Modifications to Terms

14.1 Right to Modify

We reserve the right to modify these Terms of Service at any time to reflect changes in our services, legal requirements, or business practices.

14.2 Notification Process

Material changes will be communicated through:

• Email notification to your registered address
• Prominent notice on our website and platform
• In-app notifications for active users
• At least 30 days' advance notice for material changes

14.3 Acceptance of Changes

Your continued use of the Service after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must discontinue use of the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Postinow regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects our intent.

15.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

15.4 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

16. Contact Information and Legal Notices

For questions, concerns, or legal notices regarding these Terms of Service, please contact us:

These Terms of Service are effective as of 2025-08-18 and were last updated on 2025-08-18.