Terms of Service

1.1 Binding Agreement. By accessing or using the Service, you enter into a legally binding agreement with the Service operator. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.2 Age Requirement. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement.

1.3 Prohibited Jurisdictions. You may not use the Service if you are located in, or a resident of, any jurisdiction where such use would be prohibited by law or where we have restricted access.

2.1 Account Creation. You may create an account using password authentication, email one-time codes (OTP), or Telegram login, depending on administrator configuration. You are solely responsible for maintaining the confidentiality of your account credentials.

2.2 Account Security. You agree to: (a) use a strong, unique password; (b) not share your account credentials with others; (c) notify us immediately at support@posty.my if you suspect unauthorized access; and (d) be responsible for all activities conducted through your account, whether or not authorized by you.

2.3 Account Suspension. We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a security or legal risk.

3.1 External Dependencies. The Service integrates with third-party platforms including Telegram, Pinterest, Mastodon, Tumblr, VK, AI providers (DeepSeek, OpenAI, Anthropic, OpenRouter), and payment processors (Stripe, NOWPayments). We do not control these third parties and make no representations or warranties regarding their availability, reliability, or performance.

3.2 Third-Party Changes. We are not responsible for any changes, interruptions, API modifications, rate limits, suspensions, account bans, content moderation decisions, or termination of service by third-party platforms. You acknowledge that such events may affect your ability to use the Service.

3.3 Compliance Obligation. You are solely responsible for: (a) ensuring you have the legal right to connect and use all third-party accounts; (b) complying with the terms of service, content policies, and API usage guidelines of each connected platform; (c) obtaining all necessary permissions, licenses, and rights for content distribution; and (d) maintaining valid credentials and access to connected accounts.

3.4 Account Connection Risk. By connecting third-party accounts, you acknowledge and accept all risks associated with automated posting, including but not limited to account suspension, content removal, or permanent bans imposed by those platforms.

4.1 Your Content Ownership. You retain all ownership rights in your content. However, by using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to: (a) host, store, cache, and back up your content; (b) process, transform, and modify your content as necessary to provide the Service (including AI-generated caption variants if enabled); (c) transmit your content to connected third-party platforms; and (d) analyze usage patterns and performance for service improvement.

4.2 Content Representations. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to use and distribute your content; (b) your content does not infringe any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights; (c) your content complies with all applicable laws and regulations; and (d) you have obtained all necessary model releases, location permissions, and other clearances for any individuals, trademarks, or copyrighted materials appearing in your content.

4.3 Content Liability. You are solely responsible for your content and any consequences of posting or distributing it through the Service. We do not review, approve, or endorse your content and disclaim all liability for any claims arising from it.

5.1 General Prohibitions. You agree not to:

• Post, upload, or distribute any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
• Engage in spamming, mass unsolicited messaging, or abusive automation practices
• Violate or circumvent any content policies, rate limits, or technical restrictions imposed by connected platforms
• Infringe any intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Distribute malware, viruses, or any code designed to harm or disrupt systems
• Engage in any activity that could damage, disable, overburden, or impair the Service
• Use automated scripts, bots, or scrapers to access or extract data from the Service, except through authorized API access
• Attempt to gain unauthorized access to any systems, accounts, or data
• Reverse engineer, decompile, disassemble, or derive source code from the Service
• Remove, obscure, or alter any copyright, trademark, or proprietary notices
• Use the Service for any illegal purpose or to violate any applicable laws or regulations

5.2 Enforcement. We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

6.1 "As Is" Service. The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind. We do not guarantee that the Service will be uninterrupted, error-free, secure, or meet your requirements.

6.2 Scheduling and Delivery. Queue status, scheduling features, and delivery confirmations are provided on a best-effort basis. A "success" status indicates only that the Service successfully transmitted your content to the target platform at the time of posting. We do not guarantee: (a) content will remain accessible or visible on the platform; (b) content will reach your intended audience; (c) posting timestamps will be exact (jitter/delays may apply); or (d) media files will be retained indefinitely.

6.3 Modifications and Downtime. We reserve the right, at any time and without notice, to: (a) modify, suspend, or discontinue any feature or functionality; (b) change pricing, limits, or plan structures; (c) perform maintenance or updates that may temporarily interrupt service; and (d) terminate the Service entirely. We will make reasonable efforts to provide advance notice of material changes but are not obligated to do so.

6.4 Force Majeure. We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet disruptions, or failures of third-party services.

7.1 Subscription Plans. If billing is enabled, plan details, pricing, account limits, and billing periods are displayed in your dashboard. By subscribing to a paid plan, you authorize us (or our payment processor) to charge your payment method on a recurring basis.

7.2 Payment Processing. Payments are processed by third-party providers (Stripe, NOWPayments) under their respective terms. We do not store your full payment card details. All payment information is handled securely by our payment processors.

7.3 No Refunds. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. We do not provide refunds or credits for: (a) partial billing periods; (b) unused features or account slots; (c) downtime or service interruptions; (d) your decision to stop using the Service; or (e) account suspension or termination due to Terms violations. In exceptional cases of documented Service errors lasting more than 72 consecutive hours, we may, at our sole discretion, provide a partial credit or refund.

7.4 Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You are responsible for managing your subscription and canceling if you no longer wish to be charged.

7.5 Price Changes. We may modify subscription pricing at any time. Changes will apply to subsequent billing periods after notice is provided (if required by law). Your continued use of the Service after a price increase constitutes acceptance of the new pricing.

7.6 Taxes. All fees are exclusive of applicable taxes, duties, or similar governmental charges. You are responsible for paying all such taxes except those based on our net income.

7.7 Past-Due Accounts. If payment fails, we may suspend or downgrade your account, and you will lose access to paid features until payment is resolved. Accounts that remain past due for more than 30 days may be permanently terminated, and all associated data may be deleted.

8.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8.2 No Guarantee of Results. We do not warrant or guarantee: (a) that your content will be successfully posted to all connected platforms; (b) that your content will achieve any level of engagement, reach, or visibility; (c) that third-party platforms will not suspend, ban, or restrict your accounts; (d) that AI-generated captions will meet your expectations or comply with platform policies; or (e) that the Service will meet your specific requirements or business needs.

8.3 Third-Party Content. We are not responsible for any content, products, or services provided by third parties, including connected platforms, AI providers, or payment processors. Any dealings with third parties are solely between you and them.

8.4 Data Loss. While we implement reasonable backup procedures, we are not responsible for data loss or corruption. You are solely responsible for maintaining your own backups of important content.

9.1 DAMAGES EXCLUSION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE 30 DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) TEN US DOLLARS (USD $10).

9.3 Essential Purpose. The limitations in this section apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

9.4 Basis of the Bargain. You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which allocate risk between us and form the basis of our agreement.

10.1 Your Indemnification Obligation. You agree to indemnify, defend (at our option), and hold harmless us, our affiliates, and our respective directors, officers, employees, agents, and representatives from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your content, including any claims of intellectual property infringement, defamation, privacy violations, or other legal violations
• Your use of the Service or connected third-party platforms
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any actions taken by third-party platforms against your accounts (e.g., bans, suspensions, content removal)
• Any disputes between you and other users or third parties

10.2 Defense Control. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

11.1 Termination by You. You may terminate your account at any time by ceasing to use the Service. If you are on a paid plan, you remain responsible for any fees incurred through the end of your current billing period. Termination does not entitle you to a refund.

11.2 Termination by Us. We may suspend or terminate your account immediately, with or without notice, if: (a) you breach these Terms; (b) your use of the Service poses a security or legal risk; (c) you engage in fraudulent activity or abuse; (d) required by law or court order; or (e) we decide to discontinue the Service. Termination for cause does not entitle you to a refund.

11.3 Effect of Termination. Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete your account, content, and data in accordance with our retention policies; (c) you remain liable for all obligations incurred prior to termination; and (d) sections that by their nature should survive (including limitations of liability, indemnification, and dispute resolution) will continue to apply.

11.4 Data Deletion. We are not required to retain your data after termination and may delete it at any time without notice. You are solely responsible for exporting or backing up any data you wish to keep.

12.1 Informal Resolution. Before initiating any formal proceedings, you agree to first attempt to resolve any dispute by contacting us at support@posty.my and negotiating in good faith for at least 30 days.

12.2 Governing Law. These Terms and any disputes arising out of or related to the Service shall be governed by the laws of the jurisdiction where the Service operator is located, without regard to conflict of law principles.

12.3 Jurisdiction and Venue. To the extent arbitration does not apply, you agree to submit to the exclusive jurisdiction of the courts located in the Service operator's jurisdiction, and you waive any objections to venue or inconvenient forum.

12.4 Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.1 Right to Modify. We reserve the right to modify these Terms at any time. We will make reasonable efforts to notify you of material changes by: (a) posting a notice in the Service; (b) sending an email to your registered address; or (c) updating the "Last updated" date at the top of these Terms.

13.2 Acceptance of Changes. Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

13.3 Previous Versions. Previous versions of these Terms are not accessible. The current version supersedes all prior versions.

14.1 Entire Agreement. These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

14.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

14.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly stated.

14.6 Relationship. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.

14.7 Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.8 Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.

For questions, concerns, or notices regarding these Terms, please contact us at:

Legal notices must be sent by email to the address above with "LEGAL NOTICE" in the subject line. Notices are considered delivered when sent to this email address.