Terms of Service

1. Agreement to Terms

By accessing or using PostMind.io ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Eligibility

You must be at least 16 years old to use this Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into these Terms
• You will use the Service in compliance with all applicable laws
• You have not been previously suspended or removed from the Service

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for safeguarding your account credentials. We are not liable for any loss or damage arising from your failure to maintain account security.

4. Service Description

PostMind.io provides an AI-powered platform for creating social media content including:

• Automatic brand identity extraction from websites
• AI-generated social media captions and copy
• AI-generated images for social media posts
• Hashtag generation and optimization
• Content scheduling and calendar management
• Analytics and performance tracking
• Multi-platform social media publishing (when connected)

5. Subscription Plans and Payment

5.1 Pricing

We offer multiple subscription tiers: Starter ($29/month), Professional ($79/month), and Agency ($199/month). Prices are subject to change with 30 days notice.

5.2 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are in USD and non-refundable except as required by law
• Payment is processed securely through Stripe
• Your subscription automatically renews unless cancelled
• Failed payments may result in service suspension

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds for partial months.

5.4 Free Trial

We may offer a free trial period. You will be charged when the trial ends unless you cancel before the trial expiration date. We reserve the right to limit one free trial per user.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

6.2 Prohibited Activities

• Illegal Content: Create or distribute content that violates any law or regulation
• Harmful Content: Generate content promoting violence, hate speech, terrorism, or illegal activities
• Misinformation: Deliberately create false or misleading content
• Impersonation: Impersonate any person or entity without authorization
• Spam: Generate bulk spam content or unsolicited communications
• Malware: Introduce viruses, malware, or harmful code
• Unauthorized Access: Attempt to access other users' accounts or our systems
• Reverse Engineering: Reverse engineer, decompile, or disassemble the Service
• API Abuse: Exceed rate limits or abuse our API endpoints
• Resale: Resell or redistribute the Service without permission
• Scraping: Scrape or harvest data from the Service using automated means

7. Brand Ownership & Domain Verification

7.1 Brand Ownership Attestation

By creating a brand profile on PostMind, you represent and warrant that:

• You are the legal owner or authorized representative of the brand
• You have the legal right to use the brand name, logo, and associated trademarks
• You have permission to publish content on behalf of the brand
• You will not create brand profiles for companies you do not own or represent

7.2 Authorization Levels

PostMind offers three levels of brand authorization:

• Draft Mode: Default status. You can create content drafts but cannot publish to social media platforms.
• Authorized Representative: After attesting you are authorized to represent the brand, you can publish content. May be challenged by domain owners.
• Domain Verified: After verifying domain ownership via DNS TXT record, you have exclusive rights to the brand on PostMind and cannot be challenged.

7.3 Domain Verification

To publish content to social media platforms, you must either:

• Authorize via Attestation: Confirm you are authorized to represent the brand
• Verify Domain Ownership: Prove ownership of your domain through DNS TXT record verification

Domain verification provides the highest level of trust and grants exclusive rights to the brand on our platform.

7.4 Prohibited Brand Use

You may NOT:

• Create brand profiles for companies you do not own or represent
• Impersonate brands, organizations, or individuals
• Use PostMind to publish spam, misleading information, or malicious content
• Extract brand information from competitors for unauthorized use
• Violate trademarks, copyrights, or other intellectual property rights

7.5 Account Suspension & Revocation

PostMind reserves the right to:

• Suspend or terminate accounts found to be in violation of these terms
• Revoke domain verification if fraudulent activity is detected
• Remove brand profiles that violate trademark or copyright laws
• Cooperate with legal authorities in cases of brand impersonation
• Request proof of authorization at any time

7.6 Reporting Brand Violations

If you believe someone has impersonated your brand on PostMind, please contact [email protected] with:

• Your brand name and website
• Link to the fraudulent profile
• Proof of trademark ownership or authorization

We will investigate and take appropriate action within 48 hours.

8. Intellectual Property Rights

8.1 Your Content

You retain all rights to the content you create using our Service ("Your Content"). By using the Service, you grant us a limited, worldwide, non-exclusive license to:

• Store and display Your Content
• Process Your Content to provide the Service
• Create derivative works (e.g., resize images, optimize for platforms)
• Publish Your Content to connected social media platforms on your behalf

This license terminates when you delete Your Content or close your account.

7.2 Our Platform

The Service, including its original content, features, functionality, source code, designs, and underlying technology, is owned by PostMind.io and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.3 AI-Generated Content

Content generated by our AI tools is provided "as is." While we use advanced AI models (OpenAI GPT-4, DALL-E 3, Anthropic Claude), we do not guarantee that AI-generated content:

• Is original or free from third-party rights
• Is accurate, complete, or suitable for your purpose
• Complies with all applicable laws and platform policies

You are responsible for reviewing and editing AI-generated content before publishing.

7.4 Trademarks

"PostMind" and our logo are trademarks of PostMind.io. Third-party trademarks (Instagram, Facebook, Twitter, etc.) are the property of their respective owners.

8. Third-Party Services

8.1 Social Media Platforms

Our Service integrates with third-party social media platforms (Instagram, Facebook, Twitter, LinkedIn, TikTok, Pinterest, YouTube). You must comply with each platform's terms of service.

We are not responsible for:

• Changes to third-party platform APIs or policies
• Account suspensions or bans by third-party platforms
• Content moderation decisions by third-party platforms
• Platform outages or service interruptions

8.2 AI Service Providers

We use OpenAI and Anthropic services for AI generation. These providers have their own terms and privacy policies. By using our AI features, you agree to comply with their acceptable use policies.

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy.

10. Warranties and Disclaimers

10.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Uninterrupted or error-free operation
• Accuracy, reliability, or quality of content
• Freedom from viruses or harmful components
• Compatibility with your devices or software

10.2 No Professional Advice

The Service does not provide legal, financial, marketing, or professional advice. AI-generated content is for informational purposes only. Consult qualified professionals for specific advice.

10.3 Content Disclaimer

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any AI-generated content. You use such content at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PostMind.IO SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damage to reputation or brand
• Service interruptions or data loss
• Actions or content of third parties (including AI providers and social platforms)
• Unauthorized access to your account or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless PostMind.io, its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights (copyright, trademark, privacy, etc.)
• Content you create, publish, or distribute
• Your violation of any laws or regulations

13. Termination

13.1 By You

You may cancel your account at any time through your account settings or by contacting [email protected].

13.2 By Us

We may suspend or terminate your account immediately, without prior notice, for:

• Violation of these Terms
• Illegal activities
• Fraudulent payment or chargebacks
• Abusive behavior toward our team or other users
• Extended periods of inactivity
• Any reason, at our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Your data will be deleted within 30 days (except as required by law)
• No refunds will be issued for unused subscription time
• Provisions that should survive (IP rights, disclaimers, etc.) remain in effect

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to your registered address
• Notice on the Platform
• Updated "Last Updated" date at the top of this page

Your continued use after changes constitutes acceptance. If you disagree, you must stop using the Service and cancel your account.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution. We'll work in good faith to resolve disputes within 30 days.

15.2 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

15.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

16. Governing Law

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.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PostMind.io.

17.2 Severability

If any provision is found to be unenforceable, the remaining provisions remain in full force.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, internet outages, third-party service failures).

18. Contact Information

For questions about these Terms, please contact us:

• Email: [email protected]
• Support: [email protected]
• Website: https://postmind.io