Terms of Service

These Terms of Service ("Terms") govern your access to and use of the PostMind AI platform, including our website at postmind.ai, mobile applications, APIs, and all related services (collectively, the "Service"), provided by PostMind AI, Inc. ("PostMind", "we", "us", or "our").

Please read these Terms carefully before using the Service. By creating an account, clicking "I agree", or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

1. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or 16 years of age if you are located in the EEA or UK)
• Have the legal capacity to form a binding contract in your jurisdiction
• Not be prohibited from receiving services under applicable law
• Not have a previously terminated PostMind account (unless we give written permission)

The Service is intended for business and professional use. By using AI content generation features, you represent that you will use generated content in compliance with applicable laws, platform terms of service, and these Terms.

2. Accounts and Workspaces

2.1 Account Registration

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the security of your credentials. You must immediately notify us at security@postmind.ai of any unauthorized access to your account.

You may not share your account credentials with others, except as part of a legitimate team workspace with defined member roles. Each individual user should have their own account.

2.2 Workspaces

The Service is organized around Workspaces, which represent a brand or organization. You may create multiple Workspaces subject to your plan limits. As a Workspace Owner, you are responsible for all activity that occurs within your Workspace, including the activity of members you invite.

2.3 Account Security

You are responsible for all activity that occurs under your account. We recommend enabling two-factor authentication (2FA). PostMind will never ask for your password via email or phone. If you suspect your account has been compromised, change your password immediately and contact our support team.

3. Acceptable Use Policy

3.1 Permitted Use

You may use the Service to create, schedule, publish, and analyze social media content for your legitimate business or personal brand purposes, in accordance with these Terms and applicable law.

3.2 Prohibited Activities

You must not use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Violate the terms of service of any connected social media platform (Twitter/X, Instagram, LinkedIn, Facebook, TikTok, YouTube, etc.)
• Post, schedule, or generate content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or otherwise objectionable
• Engage in spam, bulk messaging, coordinated inauthentic behavior, or any activity designed to artificially inflate engagement metrics
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Infringe the intellectual property rights of others (copyright, trademark, trade secrets)
• Use the AI features to generate misinformation, deceptive content, deepfakes, or content intended to manipulate public discourse
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the Service
• Attempt to circumvent rate limits, usage quotas, or other technical controls
• Use automated scripts, bots, or scraping tools against the Service (other than legitimate API use within documented rate limits)
• Transmit malware, viruses, or any code designed to harm or exploit the Service or its users
• Use the Service to process or store data in violation of applicable privacy laws (GDPR, CCPA, etc.)
• Resell, sublicense, or provide access to the Service to third parties without our explicit written permission (except as part of an authorized Agency plan)
• Use the Service or AI features to generate content that promotes violence, terrorism, child exploitation, or illegal weapons trafficking

3.3 Content Standards

We reserve the right to remove any content that violates these Terms or that we find objectionable, and to suspend or terminate accounts that engage in prohibited activities, without prior notice where immediate action is required.

4. AI Features and Generated Content

4.1 AI Content Generation

PostMind provides AI-powered features that generate social media captions, hashtags, post ideas, campaign plans, and other content using third-party AI models (including OpenAI and Anthropic). You acknowledge that:

• AI-generated content may be inaccurate, incomplete, or not suited to your specific needs. You are solely responsible for reviewing, editing, and approving all content before publishing.
• AI models may occasionally produce content that is incorrect, biased, or inappropriate. PostMind does not guarantee the accuracy, quality, or fitness for purpose of any AI-generated content.
• Similar prompts provided by different users may produce similar outputs. PostMind does not guarantee that AI-generated content will be unique or non-infringing.
• You are responsible for ensuring that your use of AI-generated content complies with applicable laws, including disclosure requirements where AI-generated content must be identified as such.

4.2 Ownership of Generated Content

Subject to these Terms, PostMind assigns to you all right, title, and interest in AI-generated content produced in response to your prompts. PostMind retains no rights to use such content other than as necessary to provide the Service. Your prompts and inputs remain your property.

4.3 AI Usage Limits

AI features are subject to usage quotas as described in your plan. We reserve the right to impose additional limits to prevent abuse or if your usage creates unusual costs or burdens on our infrastructure.

5. Your Content

5.1 Ownership

You retain all ownership rights in the content you create, upload, or input into the Service ("Your Content"), including posts, images, videos, captions, and prompts.

5.2 License to PostMind

By using the Service, you grant PostMind a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely to the extent necessary to provide the Service to you. This license terminates when you delete Your Content or close your account (subject to retention periods described in our Privacy Policy).

We do not use Your Content to train AI models without your explicit consent.

5.3 Your Representations

You represent and warrant that:

• You own or have the necessary rights and permissions to use and publish Your Content
• Your Content does not infringe the intellectual property rights of any third party
• Your Content does not violate any applicable law or these Terms
• You have obtained all necessary consents from individuals featured in Your Content (images, videos)

6. Social Media Platform Integrations

PostMind integrates with third-party social media platforms (Twitter/X, Instagram, LinkedIn, Facebook, TikTok, YouTube, Snapchat, and others). By connecting a social media account, you:

• Authorize PostMind to access and act on your behalf on those platforms in accordance with permissions you grant via OAuth
• Agree that your use of connected platforms must comply with each platform's own terms of service and community guidelines
• Acknowledge that PostMind's ability to post on your behalf depends on continued API access from those platforms, which may change or be revoked at any time without notice
• Understand that PostMind is not responsible for the availability, accuracy, or policies of any connected third-party platform

7. Subscriptions and Billing

7.1 Plans and Pricing

PostMind offers free and paid subscription plans. Current pricing is available at postmind.ai/pricing and may be updated from time to time. Continued use after a price change constitutes acceptance of the new pricing.

7.2 Free Trial

New accounts may receive a free trial period. At the end of the trial, your account will be downgraded to the free tier unless you subscribe to a paid plan. We may change trial terms or discontinue trials at any time.

7.3 Billing Cycle and Auto-Renewal

Paid subscriptions are billed in advance on a monthly or annual cycle. Subscriptions automatically renew unless cancelled before the renewal date. You authorize us to charge your payment method on file for each renewal.

7.4 Upgrades and Downgrades

You may upgrade your plan at any time; the new rate will be charged immediately on a pro-rated basis. Downgrades take effect at the end of the current billing period. Downgrading may result in loss of access to features or data exceeding your new plan's limits.

7.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until then.

7.6 Refunds

All fees are non-refundable except as required by applicable law or as described in our refund policy. If you believe you were charged in error, contact billing@postmind.ai within 30 days of the charge.

We offer a 7-day money-back guarantee for new paid subscriptions. If you are not satisfied within the first 7 days of your first paid subscription, contact us for a full refund.

7.7 Payment Failure

If payment fails, we will attempt to charge the payment method again. If payment remains unsuccessful after multiple attempts, your account may be downgraded to the free tier. You remain responsible for all outstanding fees.

7.8 Taxes

Prices are exclusive of taxes unless stated otherwise. You are responsible for paying all applicable taxes. We may add applicable taxes (such as VAT or GST) to your invoice based on your location.

8. Intellectual Property

8.1 PostMind IP

The Service, including its design, code, algorithms, trademarks, logos, and all content created by PostMind (excluding Your Content and AI-generated content assigned to you), is owned by PostMind AI, Inc. and protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants you any rights in PostMind's IP other than the limited right to use the Service as described herein.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant PostMind a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

8.3 DMCA / Copyright Infringement

If you believe content on our platform infringes your copyright, please send a written notice to legal@postmind.ai containing the information required by the Digital Millennium Copyright Act (DMCA), including identification of the copyrighted work, the infringing content, your contact information, and a statement of good faith belief and accuracy under penalty of perjury.

9. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other's confidential information with at least the same degree of care it uses for its own confidential information (but not less than reasonable care), and not to disclose it to third parties without prior written consent, except as required by law.

Your Content and business data you input into PostMind is your confidential information. PostMind's non-public product roadmap, pricing models, and proprietary algorithms constitute our confidential information.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

To the fullest extent permitted by law, PostMind disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. PostMind does not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Defects will be corrected
• The Service or the servers that make it available are free of viruses or other harmful code
• AI-generated content will be accurate, complete, or appropriate for your needs
• Posts scheduled through the Service will be published at the exact scheduled time (subject to third-party platform availability)

Social media platform APIs can change, become unavailable, or impose new restrictions at any time without notice. PostMind is not liable for any failure to publish content caused by changes to third-party platform APIs.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

PostMind AI, Inc., its officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of the Service.

PostMind's total aggregate liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amount you paid to PostMind in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages. In such jurisdictions, our liability is limited to the extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless PostMind AI, Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your Content or AI-generated content you publish
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of applicable law

13. Termination

13.1 Termination by You

You may close your account at any time through Settings → Account → Delete Account. Cancellation of your subscription is separate from account deletion.

13.2 Termination by PostMind

We may suspend or terminate your account at any time, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent or illegal activity
• Your use of the Service creates legal or security risk for PostMind or other users
• We are required to do so by law or court order
• You fail to pay fees after reasonable notice

For material violations, we will provide notice where practicable but are not required to do so. We will provide reasonable notice for non-material violations.

13.3 Effect of Termination

Upon termination: your right to use the Service immediately ceases. We will delete your data in accordance with our Privacy Policy. Provisions that by their nature should survive (including Sections 5, 8, 10, 11, 12, 14, 15, and 16) will survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve the dispute informally by contacting legal@postmind.ai and giving us 30 days to respond.

14.2 Binding Arbitration (US Users)

If we cannot resolve the dispute informally, you and PostMind agree to resolve any dispute through binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, rather than in court (except as set out below). The Federal Arbitration Act governs this agreement.

14.3 Class Action Waiver

You and PostMind agree to resolve disputes only on an individual basis and not as part of any class, consolidated, or representative action.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. Claims related to intellectual property infringement may be brought in court.

14.5 Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. For users outside the US where arbitration is not enforceable, disputes shall be resolved in the courts of Delaware.

EEA/UK users: Nothing in these Terms limits your rights to bring claims before the courts of your member state or under applicable consumer protection laws.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Form or Service Agreement, constitute the entire agreement between you and PostMind regarding the Service and supersede all prior agreements.

15.2 Modifications

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.

15.3 Severability

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

15.4 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision in the future.

15.5 Assignment

You may not assign these Terms or your rights hereunder without PostMind's written consent. PostMind may assign these Terms in connection with a merger, acquisition, or sale of assets without your consent.

15.6 Force Majeure

PostMind is not liable for any failure or delay resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, or failures of third-party service providers including social media platforms and cloud infrastructure providers.

15.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16. Contact Information

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