Effective Date : July 18, 2024

ACCESSING OUR WEBSITE, DOWNLOADING OUR APPLICATIONS, SUBSCRIBING TO OUR SERVICES, OR COMPLETING THE REGISTRATION PROCESS INDICATES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE.

IMPORTANT: PLEASE REVIEW THE “MANDATORY ARBITRATION” AND “CLASS ACTION WAIVER” SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Changes to Terms of Service

1.1 Updates and Modifications: At our sole discretion, we may update or modify the Services, Applications, or this Agreement, including any referenced policies or agreements, at any time without prior notice. Such updates or modifications will be effective immediately upon their posting on the website.

1.2 Acceptance of Updated Terms: By continuing to use the Services, Applications, or website following the posting of changes or modifications (as indicated by the “Effective Date” at the top of this page), you accept and agree to the terms as modified.

2. User Eligibility and Account Creation

2.1 Requirements for Eligibility: The Services and Applications are intended for use only by individuals who are capable of forming legally binding contracts under applicable law.

2.2 User Representations: By engaging with the Services and Applications, you affirm that you are at least eighteen (18) years of age or older.

2.3 International Users: Should you access the website or Applications from a jurisdiction outside the location of our servers, you agree to the transfer of information across international borders to us and acknowledge that your communications may cross international boundaries.

3. Conduct and Use of Services

3.1 Adherence to Guidelines: In accessing or using the Services, Applications, or website, you commit to adhering to our established community guidelines and agree that your use will be in compliance with this Agreement and all applicable local, state, national, and international laws and regulations.

3.2 Prohibited Behaviors: You agree not to impersonate any other User or entity, to collect or harvest personal information about other Users without their explicit consent, or to use the Services in any manner that is illegal, infringing, defamatory, harassing, or abusive. You also agree not to infringe on the privacy or publicity rights of others.

3.3 Use Limitations:

• Engaging in hate speech, promoting violence, or participating in hate crimes is strictly prohibited.
• The distribution of spam or unsolicited bulk email through our Services is forbidden.
• You must refrain from any activities related to computer or network hacking, cracking, and from transmitting viruses, worms, or any software intended to damage or alter a computer system or data.

4. Accessing and Downloading the Application from iTunes

4.1. Agreement Acknowledgment: You recognize that the agreement for the use of the Application is between you and POSTGHOST only, not with Apple, and POSTGHOST, not Apple, is solely responsible for the Application and its content. Usage of the Application must comply with the App Store’s Terms of Service.

4.2. Support and Maintenance: You acknowledge that Apple has no obligation to furnish any maintenance or support services regarding the Application.

4.3. Warranty Claims: Should the Application fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be POSTGHOST’s sole responsibility.

4.4. Product Claims: You acknowledge that POSTGHOST, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

4.5. Intellectual Property Rights: In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, POSTGHOST, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim

4.6. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

4.7. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

5. Sign-In Name; Password; Unique Identifiers

5.1. Registration Requirements: To access certain features of the Apps or Services, you may be required to create an account with POSTGHOST, providing a sign-in name (“Sign-In Name”), a password (“Password”), and possibly additional information that could assist in authenticating your identity during future log-ins (“Unique Identifiers”).

5.2. Confidentiality of Account Information: You agree to (a) maintain the confidentiality of your Sign-In Name and Password; (b) not allow another person to use your Sign-In Name or Password; and (c) immediately notify POSTGHOST of any unauthorized use of your account. You are responsible for any activity conducted under your Sign-In Name.

6. Beta Features

6.1. Trial of Pre-Release Features: Occasionally, POSTGHOST may offer you access to services, products, or functionalities that are in their pre-release stage (“Beta Features”) for the purpose of testing and evaluation. You have the choice to engage with these Beta Features at your own discretion.

6.2. Feedback and Evaluation: Participating in Beta Features is an opportunity to test functionalities that are not yet available to the general public. Your feedback on these features is invaluable. However, you acknowledge that Beta Features are offered for testing on an “AS IS” basis without warranties of any kind.

6.3. Duration of Beta Trials: Beta Features are offered temporarily and may be withdrawn at POSTGHOST’s discretion. The trial period ends either when a Beta Feature is officially launched or if POSTGHOST decides not to proceed with its public release.

6.4. Discontinuation of Beta Features: POSTGHOST reserves the right to discontinue any Beta Feature at any time without notice and without obligation to offer a substitute or compensation.

6.5. No Liability for Beta Features: POSTGHOST shall not be liable for any damages, data loss, or harm resulting from your participation in Beta Feature trials. Your use of Beta Features is at your sole risk.

6.6. Feedback Ownership and Use: Any feedback, suggestions, or improvements you provide regarding Beta Features become the sole property of POSTGHOST, which POSTGHOST can use without restriction or obligation to you.

7. Intellectual Property Rights

7.1. Ownership of Content: All content provided through the Services, including texts, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of POSTGHOST or its suppliers and protected by copyright and international conventions.

7.2. Restrictions on Use: The content of the Services, including all POSTGHOST Content, is intended for your personal, non-commercial use. You are not permitted to modify, reproduce, distribute, transmit, or derive other works from any content provided to you through the Services without explicit permission from POSTGHOST.

7.3. POSTGHOST Trademarks: The trademarks, logos, and service marks displayed on the Site are registered and unregistered Trademarks of POSTGHOST and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark without the express written permission of POSTGHOST or the third party that may own the Trademark.

7.4. Protection of Site and Content: The unique presentation and assembly of the Services and Site constitute proprietary information of POSTGHOST. You are not permitted to duplicate, modify, or distribute any portion of the Site or Services without the express written consent of POSTGHOST.

8. Description of Other Rights and Limitations

8.1. Maintenance of Copyright Notices: You must not remove or alter any copyright or proprietary notices included in or along with the Services.

8.2. Prohibition on Reverse Engineering: You may not reverse engineer, decompile, or disassemble the POSTGHOST software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8.3. Rental: You are not allowed to rent, lease, lend, sell, redistribute, or sublicense the POSTGHOST Services without obtaining prior written consent from POSTGHOST.

8.4. Support Services: POSTGHOST may provide you with support services related to the Services (“Support Services”). Any supplemental software code provided as part of the Support Services shall be considered part of the Services and subject to the terms and conditions of this Agreement.

9. Our Use of User Content

9.1. User Content on the Site: The Services may allow you to post, upload, share, or make available content, such as comments, ideas, images, and feedback (“User Content”). You retain all rights to any User Content you submit, post, or display on or through the Services.

9.2. Grant of License to POSTGHOST: By providing User Content to the Services, you grant POSTGHOST a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and POSTGHOST’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

9.3. User Content Representations and Warranties: You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize POSTGHOST to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.

9.4. User Content Disclaimer: We do not endorse any User Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.

10. Monitoring of Content

POSTGHOST does not, and cannot, pre-screen or monitor all User Content. However, our staff may monitor and/or review User Content from time to time. We have the right, but not the obligation, to edit or remove any User Content that we deem in our sole discretion to be illegal, offensive, or otherwise inappropriate.

11. Copyright Infringement and DMCA Policy

POSTGHOST respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

12. Links to Third-Party Websites

The Services may include links to other sites and services that are not operated by POSTGHOST. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by POSTGHOST of the site or any association with its operators. You are responsible for and assume all risk arising from your use of any third-party websites or resources.

13. Subscription Costs and Payment Procedure

13.1. Implementing Charges: As POSTGHOST evolves and introduces new features and products, we may establish charges for certain Applications, Services, or special features, including Beta Features (“Charges”). Notification of such Charges tied to specific Services or features will be provided, enabling you to decide on subscribing or purchasing the newly available Services, products, features, or Beta Features. All applicable Charges and taxes are to be paid as outlined herein. POSTGHOST reserves the right to adjust these Charges, with notice given to you in writing of any such changes.

13.2. Options for Payment:

• Credit or Debit Card Payments: Should you opt to buy any product or Service incurring a Charge, you grant POSTGHOST permission to bill your credit card, debit card, or other payment methods for the Charge plus any relevant taxes. You also agree to POSTGHOST employing a third-party payment processor, consenting to the sharing of your Payment Information with this third party.
• Updating Payment Information: Upon providing your Payment Information, you commit to maintaining accurate and current contact, Payment Information, and, where applicable, credit card details. Adjustments can be made through the billing section linked to the Services or Beta Feature.

13.3. No Refunds: All Charges and taxes paid under this Agreement, along with any other payments made, are final and non-refundable, except at POSTGHOST’s discretion.

13.4. Subscriptions:

• We may provide certain Applications or Services on a subscription basis. Subscribing to these Applications or Services means you authorize POSTGHOST to charge your payment method for an initial payment upon subscription and then for recurring monthly or annual payments on the subsequent billing cycle date. NOTE: SUBSCRIPTIONS RENEW AUTOMATICALLY UNTIL YOU OPT TO CANCEL. Cancellation instructions are provided below and on our website, with cancellations taking effect at the end of the current subscription term.
• Recurring Subscription Details: To access POSTGHOST Applications beyond any free trial period, a subscription is mandatory. Every user receives four (4) free requests to opt out from specific direct marketing communications, after which a subscription is required to continue using the service. Subscription options include a monthly charge of $1.99 or an annual fee of $19.99, excluding sales taxes, where applicable.
• By initiating a subscription, you agree that:
  • Charges for subscription confirmation will be processed immediately.
  • Subscriptions auto-renew unless auto-renewal is disabled no less than 24 hours before the end of the current cycle.
  • Account charges for renewal occur within 24 hours before the end of the current cycle.
  • Active subscriptions cannot be canceled during the subscription period.
  • Any portion of a free trial period, if offered, is forfeited upon the user subscribing to POSTGHOST.

To cancel a web-based subscription made through postghost.io, visit your account section on postghost.io/my-account/subscriptions/ for cancellation options.

Subscriptions initiated via iTunes, the Apple App Store, or Google Play as in-app purchases can be canceled through the respective account management sections of these platforms, following their standard cancellation procedures. For further details, contact human [at] POSTGHOST dot com.

You bear responsibility for all recurring charges incurred prior to cancellation. POSTGHOST retains the right to adjust your next billing date at our discretion without further consent from you. Charges may be altered at any time with the new rates taking effect thirty (30) days after posting on our website.

14. Indemnity

You agree to defend, indemnify, and hold harmless POSTGHOST, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Services, or from or in connection with any User Content you post or share on or through the Services.

15. Disclaimer of Warranties

15.1. Services Provided “As Is”: You expressly understand and agree that your use of the Services is at your sole risk. The Services and all materials, information, products, and services included therein are provided on an “as is” and “as available” basis. POSTGHOST, its affiliates, and its licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15.2. No Warranty on Accuracy: POSTGHOST makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

16. Limitation of Liability

16.1. Cap on Liability: To the fullest extent permitted by applicable law, POSTGHOST, its officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if POSTGHOST has been advised of the possibility of such damages), resulting from the use or the inability to use the Services.

16.2. Limitation on Damages: In no event shall POSTGHOST’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing or participating in any activity related to the Services.

17. Arbitration Agreement

17.1. Mandatory Arbitration: You and POSTGHOST agree that any dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Location], before one arbitrator. The arbitration shall be administered by [Arbitration Association] pursuant to its Arbitration Rules & Procedures.

17.2. No Class Actions: You and POSTGHOST agree that any arbitration will be limited to the dispute between POSTGHOST and you individually. There will be no right or authority for any disputes to be arbitrated on a class action basis or to utilize class action procedures, and there will be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

18. General Terms

18.1. Entire Agreement: These Terms constitute the entire agreement between you and POSTGHOST regarding the use of the Services, superseding any prior agreements between you and POSTGHOST regarding the Services.

18.2. Waiver and Severability: The failure of POSTGHOST to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

18.3. Governing Law: These Terms shall be governed by the laws of the State of [State], without respect to its conflict of laws principles. Any claim or dispute between you and POSTGHOST that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in [State].

19. Termination

19.1. Termination by POSTGHOST: POSTGHOST may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Such termination may result in the forfeiture and destruction of all information associated with your membership.

19.2. Termination by You: You may terminate your use of the Services at any time by ceasing further use of the Services.

19.3. Effect of Termination: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Changes to the Services

POSTGHOST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that POSTGHOST shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

21. User Conduct

21.1. Prohibited Conduct: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; …

21.2. Compliance with Laws: You will comply with all applicable laws, rules, and regulations in your use of the Services and your activities under these Terms.

22. User Feedback

POSTGHOST appreciates hearing from our Users and welcomes your comments regarding our Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we shall: (i) own, exclusively, all now known or later discovered rights to the Creative Ideas; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

23. Miscellaneous

23.1. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POSTGHOST without restriction

23.2. Notifications: POSTGHOST may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by POSTGHOST in our sole discretion.

23.3. Contact Information: If you have any questions about these Terms, please contact us at support@postghost.io.