Please read carefully. By creating an account, connecting a social media account, clicking "I Agree," or using PulsePost in any way, you enter into a legally binding agreement. If you do not agree, do not use the service.
1. Definitions
"Service" means the PulsePost platform, including the web application, API, worker processes, and all associated features. "Content" means any text, images, video, audio, captions, hashtags, or other material created, uploaded, generated, or approved through the Service. "You" means the individual or entity using the Service.
2. Eligibility and Account
You must be at least 18 years old. By using the Service, you represent and warrant that you meet this requirement.
You must provide accurate, complete registration information and keep it updated.
You are responsible for maintaining the confidentiality of your credentials. You are liable for all activity under your account, whether authorized by you or not. Notify us immediately of any unauthorized access.
One person or entity may not maintain multiple accounts to circumvent limits, nor transfer accounts to third parties without our written consent.
We may refuse service, suspend, or terminate accounts at our sole discretion.
3. License Grant and Intellectual Property
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms and your subscription plan.
All rights, title, and interest in the Service — including software, algorithms, designs, trademarks, and documentation — remain our exclusive property. You receive no ownership rights.
You may not: copy, modify, reverse-engineer, decompile, or attempt to extract source code; rent, lease, sublicense, or resell the Service; remove proprietary notices; use the Service to build a competing product; or circumvent usage limits, access controls, or security measures.
Feedback you provide may be used by us without restriction or compensation.
4. Your Content — Ownership and Full Responsibility
You retain ownership of Content you create, upload, or approve. You grant us a worldwide, non-exclusive license to store, process, and transmit your Content solely to operate the Service.
You are solely and entirely responsible for all Content published through your connected accounts — its accuracy, legality, truthfulness, and compliance with all applicable laws and platform policies.
You represent and warrant that you hold all necessary rights, licenses, and consents for any Content you submit or approve, and that such Content does not infringe any third-party intellectual property, privacy, or publicity rights.
You must comply with all applicable laws, including but not limited to: copyright, trademark, defamation, false advertising, securities regulations, data protection (GDPR, CCPA), FTC endorsement/disclosure guidelines, and each connected platform's terms of service and community guidelines.
5. Acceptable Use — Prohibited Activities
You agree not to use the Service to:
Publish unlawful, defamatory, obscene, harassing, hateful, or discriminatory content;
Spread misinformation, disinformation, or manipulated media;
Infringe intellectual property rights or violate privacy rights;
Engage in spam, phishing, fraud, or deceptive practices;
Violate any social media platform's terms, rate limits, or automation policies;
Upload malware, attempt to breach security, probe vulnerabilities, or disrupt the Service;
Scrape, harvest data from, or impose unreasonable load on the Service;
Misrepresent your identity or affiliation;
Use the Service for any illegal purpose or in any jurisdiction where such use is prohibited.
Violation may result in immediate suspension or termination without refund.
6. AI-Generated Content — No Warranty of Accuracy
Drafts produced by our AI are algorithmic outputs provided for your review. They are not verified for factual accuracy, legal compliance, or appropriateness. AI systems may produce errors, hallucinations, outdated information, biased language, or unintended implications.
By approving any AI-generated draft, you adopt it as your own content and accept full legal responsibility for it as if you had authored every word yourself. Review carefully before approving.
7. Financial Content — Not Financial Advice
Content related to cryptocurrencies, markets, or investments is provided for informational purposes only and does not constitute financial, investment, tax, or legal advice. Cryptocurrency markets are volatile and high-risk. You are solely responsible for ensuring that any financial content you publish complies with applicable securities and financial promotion laws in your jurisdiction.
8. Third-Party Platforms and Services
The Service integrates with third-party platforms (e.g., Instagram, Stripe). We do not control these platforms.
We are not responsible for third-party outages, API changes, account suspensions, policy enforcement actions, data loss, or any other actions taken by third-party platforms.
If a platform suspends, restricts, or terminates your account, we have no obligation to restore it and no liability for resulting losses.
Your use of third-party services is governed by their respective terms. We make no warranties regarding third-party services.
Payment processing is handled by Stripe. We are not liable for payment processing errors, delays, or disputes.
Free trials (including any 14-day trial) are offered at our sole discretion and are not guaranteed. Trials may be extended to early access members, waitlist participants, or other select users. We reserve the right to grant, modify, limit, or revoke trial access at any time without notice.
Promotional coupons and discounts may be issued at our sole discretion, including to users who demonstrate intent for long-term subscription. Coupons are non-transferable, have no cash value, may carry expiration dates and usage limits, and may be revoked or modified at any time.
Cancel anytime. You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, no further charges will be made — your subscription will not renew and no future amounts will be deducted.
Access through paid period. After cancellation, you retain full access to the Service until the end of the billing period you have already paid for.
No refunds for past payments. All fees already charged are non-refundable except as required by applicable law. This includes partial months, unused features, unused posting limits, and service interruptions. Cancelling stops future billing; it does not refund prior charges.
We may change pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance.
Failed payments may result in suspension. We may use dunning and retry logic via our payment processor.
10. Service Availability — No SLA
We strive for high availability but do not guarantee uninterrupted, error-free, or timely service. We may modify, suspend, or discontinue any feature at any time without liability. Scheduled maintenance, third-party outages, and force majeure events may cause interruptions. No service-level agreement (SLA) is offered unless separately agreed in writing.
11. Beta and Experimental Features
Features marked as beta, preview, or experimental are provided "as is" with no warranties. They may change or be removed at any time. Use at your own risk.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERRORS, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR FOUNDERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).
This limitation applies regardless of the legal theory asserted (contract, tort, negligence, strict liability, or otherwise) and shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless PulsePost, its founders, officers, employees, contractors, agents, licensors, and affiliates (each an "Indemnified Party") from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
(a) any Content you create, upload, approve, or publish through the Service;
(b) your use or misuse of the Service;
(c) your violation of these Terms, any applicable law, or any third-party rights (including intellectual property, privacy, and publicity rights);
(d) your violation of any social media platform's terms or policies;
(e) any dispute between you and any third party arising from your use of the Service.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate fully with our defense.
15. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.
Informal resolution first: Before initiating arbitration, you agree to contact us to attempt informal resolution for at least 30 days.
Binding arbitration: Any dispute, claim, or controversy arising from these Terms or the Service that is not informally resolved shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury waiver: To the fullest extent permitted by law, you agree that any proceeding shall be conducted only on an individual basis. You waive any right to participate as a plaintiff or class member in any class, collective, consolidated, or representative action, and waive any right to a jury trial.
Costs: Each party bears its own attorneys' fees and costs unless the arbitrator determines otherwise as permitted by law.
Opt-out: You may opt out of this arbitration provision by sending written notice to us within 30 days of first accepting these Terms. Opting out does not affect any other provision.
Severability: If the class action waiver is found unenforceable, the entire arbitration section shall be void and disputes shall proceed in court.
16. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict-of-law principles. For any disputes not subject to arbitration, you consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware.
17. DMCA and Copyright Complaints
We respect intellectual property rights. If you believe Content on the Service infringes your copyright, provide a notice containing: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a good-faith statement; (e) a statement under penalty of perjury that you are authorized to act; and (f) your physical or electronic signature. We will respond per the Digital Millennium Copyright Act. Repeat infringers will have accounts terminated.
18. Export Controls and Sanctions
You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and are not on any U.S. government restricted-party list. You agree to comply with all applicable export control and economic sanctions laws.
19. Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, internet or infrastructure failures, third-party service outages, cyberattacks, or power failures.
20. Termination
You may terminate by cancelling your subscription and deleting your account.
We may suspend or terminate your access immediately, without prior notice, for: violation of these Terms, non-payment, suspected fraud or abuse, legal compliance, or extended inactivity.
On termination: connected accounts are disconnected, scheduled posts are cancelled, and access ends. Data is handled per our Privacy Policy.
We may modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Your continued use after the effective date constitutes acceptance. If you do not agree to modified Terms, you must stop using the Service.
22. General Provisions
Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement and supersede all prior agreements.
Severability: If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions continue in full force.
No waiver: Our failure to enforce any right does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our written consent. We may assign freely, including in connection with a merger or acquisition.
No third-party beneficiaries: These Terms are for the benefit of the parties only.
Headings: Section headings are for convenience and have no legal effect.
Electronic communications: You consent to receive communications electronically. Electronic agreements and signatures have the same legal effect as written ones.
Language: The English version controls in case of translation discrepancies.
23. Contact
Questions about these Terms? Contact us through our contact page or through the application.
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