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Terms of service

Updated March 8th, 2023

1.0 Definitions and key terms.

To help explain things as clearly as possible in these Terms and Conditions, every time any of these terms are referenced, are strictly defined as:
Cookie: a small amount of data generated by a website and saved by your web browser.
It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to Postly Technologies, Inc.
that is responsible for your information under this Terms of Service Policy.
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Postly and use the services.
Service: refers to the service provided by Postly as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Postly's site, which can be accessed via this URL: https://Postly.ai
You: a person or entity that is registered with Postly to use the Services.

2.0 General terms.

By accessing and placing an order with Postly, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below.
These terms apply to the entire website and any email or other type of communication between you and Postly.
Under no circumstances shall the Postly team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Postly team or an authorized representative has been advised of the possibility of such damages.
If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

3.0 License.

Postly grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the software, website, mobile apps, and other services, strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Postly (referred to in these Terms & Conditions as “Postly”, “us”, “we” or “our”), the provider of the Postly website and the services accessible from the Postly website (which are collectively referred to in these Terms & Conditions as the “Postly Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Postly Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

4.0 Service Cancellation.

4.1 Cancellation Request: To cancel your service subscription, you must submit a cancellation request through your account settings on the Postly platform or contact our customer support team directly.
4.2 Immediate Termination of Premium Features: Upon confirmation of your cancellation request, all premium features associated with your account will be terminated immediately. You will lose access to any premium services, functionalities, or content that Postly offers.
4.3 No Prorated Refunds: Please be aware that cancelling your subscription does not entitle you to a refund of any previously paid subscription fees, either in full or prorated.
4.4 Data and Content: After cancellation, any data or content associated with your premium account may no longer be accessible. We recommend that you secure all necessary data or content prior to submitting your cancellation request.
4.5 Policy Precedence: This cancellation policy supersedes any conflicting information that may be provided in product emails, notification alerts, or other communications from Postly. The terms set forth in this policy are final and binding upon submission of your cancellation request.
4.6 Reactivation: If you wish to reactivate your premium subscription after cancellation, you will be subject to the current subscription rates and terms of service at the time of reactivation.
4.7 Changes to Policy: Postly reserves the right to modify this cancellation policy at any time. Any changes will be effective immediately upon posting the revised policy on our website.
4.8 By continuing your subscription with Postly, you agree to be bound by this cancellation policy. If you have any questions regarding this policy or the cancellation process, please contact our customer support team for assistance.

5.0 Restrictions.

You agree not to, and you will not permit others to: License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Postly or its affiliates, partners, suppliers, or the licensors of the website.

6.0 Price.

Postly reserves the right to determine pricing for the Service.
Poslty will make reasonable efforts to keep pricing information published on the website up to date.

7.0 Payment.

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable.
Unless otherwise indicated in an order form, you must provide Postly with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan.
Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.
By providing Postly with your credit card number and associated payment information, you agree that Postly is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Postly hereunder and that no additional notice or consent is required.
You agree to immediately notify Postly of any change in your billing address or the credit card used for payment hereunder.
Postly reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization's administrator(s).
Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
You are responsible for any third-party fees that you may incur when using the Service.

8.0 Refund policy.

At Postly, we are committed to ensuring the highest level of satisfaction for our customers. We understand that occasionally, you may need to return a product or cancel a service. Our refund policy, outlined below, is designed to facilitate a transparent and efficient process for refunds.

Acknowledgment of Terms:
By placing an order or making a purchase with Postly, you acknowledge and agree to adhere to the terms set forth in this Refund Policy, in addition to any other terms and conditions applicable to your purchase.

Refund Eligibility:
Time Frame for Refund Requests: Refund requests must be made within 30 days of the original purchase date. Requests made beyond this 30-day window will not be eligible for a refund.
Scope of Refundable Services and Products: This policy covers all goods and services purchased through Postly. It includes both one-time purchases and ongoing subscriptions.
Condition of Products: For physical goods, items must be returned in their original condition. Damaged or altered products may not be eligible for a full refund.

Process for Requesting a Refund:
To initiate a refund, please contact our customer service team. Provide your order details, including the purchase date, and specify the reason for the refund request. Our team will guide you through the necessary steps to process your refund.

Refund Method:
Refunds will be processed using the original method of payment. Please allow a certain number of days for the transaction to be completed, depending on your financial institution's policies.

Customer Support:
For any concerns or queries regarding our products or this Refund Policy, do not hesitate to contact our customer support team. We are here to assist you and ensure a satisfactory resolution to any issues you may face with our products.

Policy Amendments:
Postly reserves the right to amend this Refund Policy at any time. All amendments will be effective immediately upon posting the updated policy on our website.
We value your business and strive to create a positive experience with every purchase. Thank you for choosing Postly.

9.0 Postly AI fair usage policy.

At Postly, we strive to offer a seamless and high-quality experience for all our users.
To maintain the integrity of our services and ensure fair usage, we have certain guidelines in place.
Unlimited AI Plan Limitations: With our Unlimited AI plan, you have the incredible advantage of generating unlimited characters each month.
However, it's important to note that sharing accounts among multiple users is not allowed.
We have established these measures in collaboration with our partner, OpenAI, to uphold the safety and integrity of our platform.
Generation Limits: To prevent automated or robotic behavior that could potentially misuse or abuse our service, we have implemented generation limits per minute and per hour.
These limits vary depending on the use case, ranging from 3 to 10 generations per minute.
The exact limit may not be consistently fixed as it is tailored to specific use cases.
AI Engine Behavior: Our AI engine actively monitors and adjusts certain parameters when it detects abnormal or heavy usage patterns within a short period.
This measure ensures the sustained quality of our service.
However, during such adjustments, you may notice a temporary deterioration in the output quality.
Rest assured, these issues are usually resolved when your monthly cycle renews.
Impact on Output Quality: It's essential to understand that rapid generations can have an impact on output quality.
While we work closely with our language AI provider to optimize this aspect, some controls may affect the final output, over which we have limited visibility.
Maintaining an Organized Editor: Excessive content generation can lead to clutter in your editor, potentially causing you to overlook valuable results amidst the noise.
We encourage users to generate, read, and edit outputs responsibly to avoid missing out on relevant content.

10.0 Terms of service.

These Terms of Service (“Terms”) govern your access to and use of our services (the “Services”).
By using the Services, you agree to be bound by these Terms.
If you do not agree with any part of these Terms, please refrain from using the Services.
Acceptance of Terms By accessing or using our Service, you affirm that you are of legal age and have the legal capacity to enter into these Terms.
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.
User Account You may be required to create a user account to access certain features of the Service.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use or security breach related to your account.
Account Access: By granting Postly access to your user account, you hereby authorize Postly to access, monitor, and interact with your account data for the purpose of providing technical support, troubleshooting, and resolving any issues related to the use of the Service.
This access may include but is not limited to, the ability to view, modify, and manage account settings, data, and content.
Purpose of Access The unrestricted access granted to Postly is primarily intended for the following purposes: Technical Support: To assist you in resolving technical issues, errors, or concerns related to the Service.
Troubleshooting: To diagnose and identify problems with your account or the Service, including investigating and resolving issues affecting your user experience.
Issue Resolution: To implement solutions, updates, or changes necessary to resolve identified problems and improve the overall functionality of the Service.

11.0 Data privacy and security.

Postly acknowledges the sensitivity of user data and agrees to adhere to strict data privacy and security measures.
Postly will take appropriate steps to ensure that accessed user data is handled in accordance with applicable laws and regulations, as well as our Privacy Policy.
Postly will not share, disclose, or use accessed user data for purposes other than those specified in these Terms.

12.0 Limitations and disclaimers.

No Liability: Postly shall not be held liable for any damages, losses, or liabilities resulting from the use of the access granted or any actions taken based on such access.
User Responsibility: Users are responsible for maintaining the security of their accounts and any consequences resulting from the access granted to Postly.
Content Storage and Sharing Our Service allows you to upload, store, and share various types of media files.
You retain all ownership rights to the content you upload to the Service.
However, by using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content for the purpose of providing and improving the Service.
Acceptable Use You agree not to use the Service for any illegal or unauthorized purpose.
You may not upload, share, or store any content that violates any applicable laws or infringes upon the rights of any third party, including copyrights, trademarks, or privacy rights.
Additionally, you may not use the Service to transmit any viruses, malware, or harmful code.
Privacy and Data Protection We are committed to protecting your privacy and data.
Our Privacy Policy explains how we collect, use, and disclose your personal information and can be found on our website.
By using the Service, you consent to the collection and use of your data in accordance with our Privacy Policy.
Intellectual Property All content and materials available on the Service, including but not limited to text, graphics, logos, images, and software, are the property of the Service provider or its licensors and are protected by copyright and other intellectual property laws.
You may not use, reproduce, or distribute any of the Service's content without prior written authorization from the Service provider.
Service Modifications and Termination We reserve the right to modify or discontinue the Service, either temporarily or permanently, with or without notice.
You agree that we shall not be liable to you or any third party for any modification, suspension, or termination of the Service.
Third-Party Services The Service may include links or integrations with third-party services or websites.
We do not endorse, control, or assume any responsibility for the content or practices of these third-party services.
Your use of such services is subject to their respective terms and policies.
Limitation of Liability The Service is provided on an “as-is” and “as-available” basis.
We do not warrant that the Service will be uninterrupted, error-free, or secure.
In no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of, or inability to use, the Service.
Indemnification You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses, including attorneys' fees, arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.
Changes to the Terms We may update these Terms from time to time, and any changes will be posted on our website.
By continuing to use the Service after the changes are made, you agree to be bound by the revised Terms.
By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

13.0 Lifetime deal.

Unless terminated as provided for under the terms of this Agreement, Postly Technologies Inc.
agrees to provide the Customer with the Service on a “lifetime” basis.
Lifetime shall be defined as for as long as Postly Technologies Inc.
continues to provide any lifetime promo package as a commercial service for as long as it is operationally possible.
Lifetime promo packages are per the named Customer and are absolutely not transferable to any other entity, for any reason, in any way, or under any circumstances whatsoever.
Lifetime deal offers also fall under our refund policy.
We will refund you the full amount paid, as long as the purchase period is within 30 days.

14.0 Annual deal.

Unless terminated as provided for under the terms of this Agreement, Postly Technologies Inc.
agrees to provide the Customer with the Service on an “Annual” basis.
Annual shall be defined as a 12 months period from the date of Customer signs up.
Annual deal packages are per named Customer and are absolutely not transferable to any other entity, for any reason, in any way, or under any circumstances whatsoever.

15.0 Your suggestions.

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Postly with respect to the website shall remain the sole and exclusive property of Postly.
Postly shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

16.0 Your consent.

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used.
By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

17.0 Links to Other websites.

These Terms & Conditions apply only to the Services.
The Services may contain links to other websites not operated or controlled by Postly.
We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.
Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect.
Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies.
Such third parties may use their own cookies or other methods to collect information about you.
Users acknowledge and agree that they are simultaneously bound by each Linked Service's terms and policies, which may specify rules and restrictions for posting certain content, and the Linked Services' practices for using, storing, and facilitating the exercise of certain rights in respect to personal information.
Users further acknowledge and agree that they are solely responsible for reviewing and accepting Linked Services' terms and any liability that arises from or in relation to its breach of any such terms.
The terms of each Linked Service, which only apply to the extent a User links or otherwise uses the Linked Service, can be accessed through the following links:

For Google and YouTube Services:
Google terms of service
Google privacy policy
YouTube terms of service


For other Services:
Facebook terms of service
Twitter terms of service
Instagram terms of service
LinkedIn terms of service
Pinterest terms of service
TikTok terms of service


With Linked Services for third-party integration, Users may be asked to verify credentials in the future.
It is the Users' sole responsibility to track, refresh, and monitor credentials. Please see the Company's Privacy Policy for more information about how Users can alter the security settings for these Linked Services.
Users acknowledge and agree that Linked Services may add, remove, bifurcate, and otherwise modify features of their third-party services (“Modifications”). The Company is not responsible and shall have no liability for disturbances of our Service caused by Modifications to Linked services


Google Security Settings and Revoking User Access:
- Postly Client uses YouTube API services.
Should you wish to revoke access to Google and YouTube services you have linked, you can access and alter the applicable security settings through the following links:

Google Security Settings and Permissions Revocation Link

18.0 Cookies.

Postly uses “Cookies” to identify the areas of our website that you have visited.
A cookie is a small piece of data stored on your computer or mobile device by your web browser.
We use cookies to enhance the performance and functionality of our website but are non-essential to their use.
However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously.
Most web browsers can be set to disable the use of Cookies.
However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all.
We never place Personally Identifiable Information in Cookies.
By placing an order or making a purchase at Postly, you agree to the terms along with Postly's Cookie Policy.

19.0 Changes To Our Terms & Conditions.

You acknowledge and agree that Postly may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Postly's sole discretion, without prior notice to you.
You may stop using the Service at any time.
You do not need to specifically inform Postly when you stop using the Service.

20.0 Modifications and updates to Our website.

Postly reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Postly may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website.
You agree that Postly has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

21.0 Third-Party Services.

We may display, include or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Postly shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.
Postly does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

22.0 Term and termination.

This Agreement shall remain in effect until terminated by you or Postly.
Postly may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Postly, in the event that you fail to comply with any provision of this Agreement.
You may also terminate this Agreement by deleting the website and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of Postly's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

23.0 Copyright infringement notice.

If you are a copyright owner or such owner's agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

24.0 Indemnification.

You agree to indemnify and hold Postly and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

25.0 No warranties.

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, Postly, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Postly provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Postly nor any Postly's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Postly are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

26.0 Limitation of liability.

Notwithstanding any damages that you might incur, the entire liability of Postly and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Postly or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Postly or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

27.0 Severability.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Postly on the Services, shall constitute the entire agreement between you and Postly concerning the Services.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Postly's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
YOU AND Postly AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

28.0 Waiver.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power.
Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein.
In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

29.0 Amendments to this Agreement.

Postly reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, you are no longer authorized to use Postly.

30.0 Entire agreement.

The Agreement constitutes the entire agreement between you and Postly regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Postly.
You may be subject to additional terms and conditions that apply when you use or purchase other Postly services, which Postly will provide to you at the time of such use or purchase.

31.0 Updates to Our terms.

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies.
Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect.
Then, if you continue to use the Service, you will be bound by the updated Terms.
If you do not want to agree to these or any updated Terms, you can delete your account.

32.0 Intellectual property.

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Postly, its licensors or other providers of such material and are protected by the United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Postly, unless and except as is expressly provided in these Terms & Conditions.
Any unauthorized use of the material is prohibited.

33.0 Agreement to arbitrate.

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Postly's INTELLECTUAL PROPERTY RIGHTS.
The term “dispute” means any dispute, action, or other controversy between you and Postly concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
“Dispute” will be given the broadest possible meaning allowable under the law.

34.0 Notice of dispute.

In the event of a dispute, you or Postly must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
You must send any Notice of Dispute via email to: team@Postly.
ai.
Postly will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
You and Postly will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
After sixty (60) days, you or Postly may commence arbitration.

35.0 Governing law.

These terms and conditions are governed by and construed in accordance with the laws of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

36.0 Submissions and privacy.

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Postly without any compensation or credit to you whatsoever.
Postly and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

37.0 Promotions.

Postly may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself.
Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location.
You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate.
If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

38.0 Miscellaneous.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect.
Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Postly.
Postly will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Postly operates and controls the Postly Service from its offices in the United Kingdom.
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
Accordingly, those persons who choose to access the Postly Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions (which include and incorporate the Postly Privacy Policy) contain the entire understanding and supersede all prior understandings, between you and Postly concerning its subject matter, and cannot be changed or modified by you.
The section headings used in this Agreement are for convenience only and will not be given any legal import.

39.0 Disclaimer.

Postly is not responsible for any content, code or any other imprecision.
Postly does not provide warranties or guarantees.
In no event shall Postly be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service.
The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Postly Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied.
Postly is a distributor and not a publisher of the content supplied by third parties; as such, Postly exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via the Postly Service.
Without limiting the foregoing, Postly specifically disclaims all warranties and representations in any content transmitted on or in connection with the Postly Service or on sites that may appear as links on the Postly Service, or in the products provided as a part of, or otherwise in connection with, the Postly Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.
No oral advice or written information given by Postly or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
Price and availability information is subject to change without notice.
Without limiting the foregoing, Postly does not warrant that the Postly Service will be uninterrupted, uncorrupted, timely, or error-free.
By placing an order or making a purchase at Postly, you agree to the terms along with Postly's Disclaimer Policy.

40.0 Customer support.

41. Service Level Agreement (SLA):

41.1 Response Times: We are committed to providing timely and effective customer support. Our response times for different levels of issues are as follows:
a. Critical Issues: We aim to respond within [24] hours.
b. High-Priority Issues: We aim to respond within [48] hours.
c. Medium-Priority Issues: We aim to respond within [72] hours.
d. Low-Priority Issues: We aim to respond within [72] hours.

41.2 Resolution Times: While we strive to resolve issues as quickly as possible, resolution times may vary based on the complexity of the issue and its priority level. We will provide you with an estimated time for resolution, which may be subject to change based on specific circumstances.
41.3 Availability: Our customer support services are available during our regular business hours [Specify Hours] [Timezone]. Support inquiries received outside of these hours will be addressed on the next business day.

42. Right to Access Customer Data: 42.1 Authorized Access: In order to provide effective customer support, you may be required to grant us access to your user account or system. By seeking assistance, you authorize us to access and review your account for the purpose of diagnosing and resolving issues. We will not access any data or perform any actions beyond what is necessary to provide support.
42.2 Confidentiality: We respect your privacy and the confidentiality of your data. We will treat any information accessed during the support process as confidential and will not disclose it to third parties unless required by law or with your explicit consent.

43. Right to Use Customer Data for Research:
43.1 Research of Issues: In certain cases, we may use anonymized and aggregated customer data for research and analysis to identify trends, improve our products and services, and enhance the overall user experience.

44. Right to Not Investigate Further Without Sufficient Evidence:
44.1 Insufficient Evidence: If you report an issue but do not provide enough evidence for us to reproduce or investigate the problem, we reserve the right to not conduct further investigations. Clear and detailed information will help us address your concerns effectively.

45. Right to Not Investigate the Issue:
45.1 Discretion to Investigate: While we endeavor to address all reported issues, we reserve the right to determine whether to investigate and address a reported issue based on its severity, feasibility, and impact on our products and services.

46. Changes to Support Terms:
We reserve the right to update or modify these Customer Support Terms of Service at any time. Any changes will be effective upon posting on our website. It is your responsibility to review these terms periodically.

Contact Us
Don't hesitate to contact us if you have any questions.
Via Email: [email protected]

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