Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Postfire, Inc. ("Postfire", "we", "our", or "us") governing your access to and use of the Postfire platform, website, APIs, and all related services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal capacity to enter into this agreement, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" refers to that entity.

2. Description of Service

Postfire is a cloud-based social media scheduling and management platform that allows users to create, schedule, and publish content across multiple social media networks, access AI-powered content generation tools, and view performance analytics. The features available to you depend on your subscription plan.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will endeavour to provide advance notice of material changes that affect your use of the Service.

3. Accounts & Registration

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and not share it with any third party
• Immediately notify us of any unauthorized use of your account at security@postfire.io
• Accept responsibility for all activities that occur under your account

You may not create an account on behalf of another person without their authorization, or use automated means to create accounts. We reserve the right to suspend or terminate accounts that we believe have been created fraudulently or in violation of these Terms.

4. Subscription & Payment

4.1 Plans and Pricing

Postfire offers both free and paid subscription plans. Paid plans are billed on a recurring basis (monthly or annually) as described on our pricing page. Prices are stated exclusive of applicable taxes unless otherwise indicated.

4.2 Billing

By subscribing to a paid plan, you authorize Postfire to charge your payment method on a recurring basis. Payment is processed by Stripe, our third-party payment processor. Postfire does not store your full payment card details. Subscriptions automatically renew unless cancelled before the renewal date.

4.3 Cancellation

You may cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period — you retain access to paid features until that date. We do not provide refunds for unused portions of a subscription period unless required by applicable law.

4.4 Refunds

If you are a consumer in the European Union, you have the right to withdraw from a contract within 14 days of purchase without giving a reason, provided you have not yet used the Service. To exercise this right, contact us at support@postfire.io.

4.5 Price Changes

We may change subscription prices at any time. We will provide at least 30 days' advance notice of price increases to existing subscribers. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the updated price.

4.6 Taxes

You are responsible for all taxes, duties, and levies applicable to your purchase. For customers in the EU, VAT will be charged where applicable at the rate determined by your country of residence.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation
• Post, schedule, or publish content that is defamatory, obscene, fraudulent, or harassing
• Infringe any intellectual property rights, including copyright, trademark, or trade secrets of any third party
• Transmit spam, unsolicited communications, or automated posts that violate platform terms
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to any part of the Service, other accounts, or Postfire's systems
• Introduce malware, viruses, or other malicious code into the Service
• Scrape, crawl, or extract data from the Service using automated means without our prior written consent
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to facilitate any illegal activity, including but not limited to money laundering, fraud, or the distribution of illegal content

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and all its original content, features, functionality, and underlying technology are and will remain the exclusive property of Postfire, Inc. and its licensors. Our trademarks, logos, and trade dress may not be used in connection with any product or service without our prior written consent.

6.2 Your Content

You retain all ownership rights in the content you create, upload, or schedule through the Service ("Your Content"). By using the Service, you grant Postfire a limited, non-exclusive, royalty-free license to store, process, and transmit Your Content solely as necessary to provide the Service to you — for example, to publish a scheduled post.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not infringe any third-party intellectual property rights.

6.3 Feedback

If you submit feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an irrevocable, worldwide, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.

7. Third-Party Services

The Service integrates with third-party social media platforms (including X/Twitter, LinkedIn, Meta/Instagram, Facebook, and TikTok) and other services. Your use of those platforms is governed by their respective terms of service and privacy policies. Postfire is not responsible for the availability, content, or practices of any third-party service.

When you connect a social media account to Postfire, you must comply with the developer policies of the relevant platform. You authorize Postfire to act as your agent in making API calls to those platforms on your behalf, strictly within the permissions you have granted.

We may display links to third-party websites. Such links do not constitute an endorsement, and we are not responsible for their content or privacy practices.

8. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and processing of your personal information as described in the Privacy Policy.

If you are located in the European Economic Area, the United Kingdom, or Switzerland, our processing of your personal data is governed by GDPR and the applicable national data protection laws of your country.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Posts will be published at the exact scheduled time (delays may occur due to API limitations of social platforms)
• AI-generated content will be accurate, complete, or suitable for your purposes
• Analytics data will be 100% accurate, as this data is sourced from third-party APIs
• The Service will meet your specific requirements

To the extent permitted by law, we disclaim all liability for the accuracy, completeness, or usefulness of any content published through the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSTFIRE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access to or alteration of your transmissions or data
• Failure of a scheduled post to publish due to social platform API issues

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO POSTFIRE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) €100 / $100 USD.

Note for EU consumers: Nothing in these Terms limits or excludes any liability that cannot be lawfully limited or excluded under applicable consumer protection law in your country of residence, including your rights under the EU Consumer Rights Directive.

11. Indemnification

You agree to defend, indemnify, and hold harmless Postfire, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising from or in any way related to:

• Your use of the Service in violation of these Terms
• Your Content, including any claim that Your Content infringes a third party's intellectual property rights
• Your violation of any applicable law or the rights of any third party

12. Termination

You may delete your account and terminate these Terms at any time by contacting us or using the account deletion option in your settings.

We may suspend or terminate your access to the Service immediately and without notice if we determine that you have violated these Terms, or if we believe your use poses a risk to the Service or other users. In the event of termination for cause, no refund will be issued.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — will survive.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be submitted to binding arbitration in San Francisco, California, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

Note for EU/EEA consumers: If you are a consumer resident in the EU or EEA, you may also bring disputes before the courts of the EU member state in which you reside, and mandatory consumer protection provisions of that member state's law apply. The European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or a prominent notice in the Service at least 14 days before the changes take effect. For non-material changes, we will update the "Last updated" date and the changes will take effect immediately.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

15. Contact Us

If you have any questions about these Terms of Service, please contact us: