Terms of Service

Last Updated: January 2025

⚠️ IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING POSTSTUDIO, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SERVICE. THESE TERMS INCLUDE IMPORTANT PROVISIONS INCLUDING AN ARBITRATION AGREEMENT AND LIMITATION OF LIABILITY.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PostStudio ("Company," "we," "us," or "our") governing your access to and use of the PostStudio website, platform, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately discontinue use of the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes.

2. Service Description

PostStudio provides an AI-powered content generation platform that creates social media posts, generates images, and offers related services. The Service uses artificial intelligence and machine learning technologies to analyze your brand voice and generate content.

IMPORTANT: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that AI-generated content will be error-free, accurate, appropriate, or suitable for your purposes.

3. Eligibility and Account Registration

To use the Service, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscription and Payment

Access to certain features requires a paid subscription. By subscribing, you agree to:

  • Pay all fees associated with your selected subscription plan
  • Provide accurate and current payment information
  • Authorize automatic recurring billing
  • Accept that subscriptions automatically renew unless cancelled
  • Understand that fees are non-refundable except as required by law

We reserve the right to change pricing at any time. Price changes for existing subscriptions will take effect at the next renewal period after notice.

NO REFUNDS: Except as required by applicable law, all payments are final and non-refundable. If you cancel your subscription, you will retain access until the end of your current billing period.

5. User Content and Intellectual Property

5.1 Your Content

You retain ownership of content you upload or provide to the Service ("User Content"). However, by using the Service, you grant us:

  • A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process your User Content
  • The right to use your content to train and improve our AI models
  • Permission to store and transmit your content through our systems and third-party services

5.2 AI-Generated Content

Content generated by our AI ("Generated Content") is provided to you under a limited license. You may use Generated Content for your business purposes, but:

  • You are solely responsible for reviewing, editing, and approving all Generated Content before use
  • We make no guarantees about the accuracy, quality, or suitability of Generated Content
  • Similar or identical content may be generated for other users
  • You must ensure Generated Content complies with all applicable laws and platform policies

5.3 Prohibited Content

You may not use the Service to create, upload, or generate content that:

  • Violates any law or regulation
  • Infringes on intellectual property rights
  • Contains malware, viruses, or harmful code
  • Is defamatory, obscene, pornographic, or offensive
  • Promotes violence, discrimination, or illegal activities
  • Impersonates any person or entity
  • Contains false or misleading information

6. AI Technology and Limitations

CRITICAL DISCLAIMER: Our Service uses artificial intelligence which is inherently unpredictable and may produce inaccurate, inappropriate, or unintended results.

You acknowledge and agree that:

  • AI-generated content may contain errors, inaccuracies, or biases
  • Content may not accurately represent your brand voice or intentions
  • Generated images may contain artifacts, distortions, or inappropriate elements
  • You are solely responsible for reviewing all content before publication
  • We cannot guarantee that content will not violate third-party rights
  • AI performance may vary and is not guaranteed
  • The Service may experience interruptions, delays, or errors

7. USER RESPONSIBILITIES AND CONDUCT

You agree to:

  • Use the Service only for lawful purposes
  • Comply with all applicable laws and regulations
  • Review and edit all AI-generated content before use
  • Verify accuracy of all content before publication
  • Obtain necessary rights and permissions for your content
  • Not attempt to reverse engineer or copy our technology
  • Not abuse, harass, or harm the Service or other users
  • Not use the Service to generate content for prohibited purposes

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ALL CONTENT YOU GENERATE, PUBLISH, OR DISTRIBUTE.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR QUALITY OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE SERVICE
  • SECURITY OF YOUR DATA
  • RESULTS OR OUTCOMES FROM USING THE SERVICE

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSTSTUDIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or content
  • Cost of substitute services
  • Business interruption
  • Reputational harm
  • Personal injury or property damage
  • Third-party claims
  • Any other commercial damages or losses

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS POSTSTUDIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you upload, generate, or publish
  • Your violation of any laws or regulations
  • Any claims by third parties related to your use of the Service

This indemnification obligation will survive termination of your account and these Terms.

11. Third-Party Services and Content

The Service may integrate with or provide access to third-party services, websites, and content. We are not responsible for:

  • The availability, accuracy, or content of third-party services
  • Third-party terms of service or privacy policies
  • Any damages or losses caused by third-party services
  • Social media platform policies or restrictions

Your use of third-party services is at your own risk and subject to their terms and conditions.

12. DATA AND PRIVACY

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to:

  • Collection and processing of your data as described in our Privacy Policy
  • Use of your content to train and improve our AI models
  • Transfer of data to third-party service providers
  • Storage and processing of data in various jurisdictions

13. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and PostStudio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that each party retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.

13.1 Arbitration Agreement

By agreeing to these Terms, you agree that:

  • You are waiving your right to a trial by jury
  • You are waiving your right to participate in a class action lawsuit
  • Arbitration will be conducted on an individual basis only
  • The arbitrator's decision will be final and binding

13.2 Informal Resolution

Before filing an arbitration claim, you agree to first contact us at legal@poststudio.ai to attempt to resolve the dispute informally.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • At our sole discretion

Upon termination, your right to use the Service will immediately cease. We are not obligated to retain your content after termination.

15. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding (except arbitration) shall be brought exclusively in the federal or state courts located in Delaware.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PostStudio regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

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

PostStudio

Legal Department

Email: legal@poststudio.ai

Support: support@poststudio.ai

ACKNOWLEDGMENT

BY USING POSTSTUDIO, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND POSTSTUDIO, AND THAT YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL.