Terms of Service for Postify

In these Terms:

• “Postify,” “we,” or “us” represents BUSINICE S.R.L. with social headquarters in Strada Fetesti nr 52, Bucharest, Romania registered with the Bucharest Trade Register under the registration number J40/1905/2023 and Unique Registration Code (CUI) 47561697, tax attribute RO.
• “Customer,” “you,” or “your” means the individual or organization with an account on Postify.
• “Service” means Postify's software and online services for social‑media scheduling, analytics, and related features (current and future, including planned AI tools).
• “Organization” means a multi‑user account or workspace owned by a Customer.
• “User Content” or “Customer Data” means all text, images, posts, analytics data, documents or other content you or your organization upload or create in the Service.
• “WorkOS” and “Stripe” are third-party providers for SSO/authentication and payment processing, respectively.

You must be at least 16 years old and have legal capacity to agree to these Terms. When you register, you agree to provide accurate information and keep your credentials secure. You're responsible for all activity under your account.

Organizations & Users: Each Customer may create an Organization and invite additional users (employees or contractors). The registering user becomes the Organization Owner/Admin. Only authorized members may access that Organization's data; none of your content is made public. Authentication is handled via WorkOS (SSO), and you may link external identity providers—subject to their terms.

Postify is sold on a subscription basis (monthly or annual), with all fees billed in advance via Stripe. Your subscription auto‑renews unless canceled before the renewal date, and you authorize Stripe to charge your payment method on file.

• Plans: Choose monthly or annual. We may offer a limited free trial, but no permanent free tier.
• Auto‑Renewal: Subscriptions renew automatically; you must cancel before renewal to avoid being charged.
• Cancellation: Cancel anytime to stop future billing. You remain liable for fees through the end of your current period. No refunds for partial periods (unless required by law).
• Failed Payments: We may suspend or terminate your access if payment fails.
• Taxes: Fees are net of taxes. You're responsible for any VAT, sales tax, or other applicable taxes.

The Service may integrate or rely on third parties (WorkOS for auth, Stripe for payments, Google Analytics, Vercel, and social‑media platforms such as Meta, TikTok, Google, etc.). These providers are independent—your use of them is subject to their own terms, and Postify is not responsible for their content, actions, or uptime.

The scheduling, publishing, and analytics features of the Service depend on such third‑party platforms and APIs, which we do not control. Those platforms may change their APIs, algorithms, or terms, experience outages, or refuse, restrict, or remove content at any time. Postify is not responsible for any unavailability, delay, removal, restriction, or change in performance caused by such third‑party platforms.

Postify (BUSINICE S.R.L.) retains all rights in the Service, including software, trademarks, and improvements. You retain ownership of your User Content. By uploading data, you grant us a worldwide, royalty‑free license to use, store, reproduce, process, display, and transmit it solely to provide and improve the Service. No other rights are granted. Any feedback you provide may be used by Postify without obligation.

You are solely responsible for all User Content you create, upload, schedule, or publish through the Service, and for any consequences of such content. You represent and warrant that your User Content (and your use of it through the Service) complies with all applicable laws and regulations (including intellectual property, advertising, consumer protection, data protection, and unfair competition rules) and with the terms, policies, and guidelines of each social‑media platform you use.

Postify does not review, approve, or endorse User Content and is not the publisher of your User Content. We may, but are not obliged to, remove or disable access to any User Content that we believe violates these Terms or applicable law.

We comply with GDPR, CCPA, and other applicable laws. When we process personal data on your behalf, we act as a GDPR data processor. You're responsible for ensuring your use of personal data (e.g., emails of your end users) complies with applicable laws and for obtaining any required consents. We implement commercially reasonable security measures, but you should maintain backups of your own data.

You are responsible for obtaining all consents and providing all disclosures required under applicable data protection, e‑privacy, and advertising laws (including sponsorship and influencer‑marketing rules) in connection with your use of the Service and your User Content.

You agree to abide by all applicable laws, including export control and sanctions regimes (U.S., EU, UN). You represent that neither you nor your Organization is on any restricted‑party list, and you won't use the Service in embargoed jurisdictions. Breach may lead to immediate termination.

You may not misuse the Service or Postify systems, including:

• Engaging in illegal activity or infringing third‑party rights
• Publishing harmful, abusive, or spam content
• Interfering with the Service (hacking, injecting code)
• Scraping, data‑mining, or reverse‑engineering our software

We reserve the right to remove or disable any User Content that violates these Terms, and to terminate accounts for misuse.

You are fully responsible and accountable for all activity carried out under your account and for all User Content created, scheduled, or published through the Service. You must ensure that such use and content comply with applicable law and the terms, policies, and guidelines of each social‑media platform or other third‑party service you connect to the Service.

Certain features of the Service may generate or suggest content or actions (including AI‑generated text, captions, recommendations, or automated posting workflows). Such outputs are provided "as is" for convenience only and do not constitute legal, tax, financial, or marketing advice.

You remain solely responsible for reviewing, editing, and approving all content and for deciding whether and how to act on any recommendations before use. You must ensure that all such content and actions are accurate, appropriate, and compliant with applicable law and with the terms, policies, and guidelines of each social‑media platform or other third‑party service you use.

The Service may provide analytics, metrics, forecasts, recommendations, or suggested posting times and performance estimates. These are based in part on third‑party data and APIs and are provided for informational purposes only; they may be delayed, incomplete, or inaccurate.

We do not warrant or guarantee that any particular post, campaign, or strategy will achieve specific results (including views, reach, engagement, followers, conversions, or revenue), or that the Service will identify or generate your optimal content or posting strategy.

To the maximum extent permitted by applicable law, you agree that you will not assert any claim, and waive any right to seek damages from Postify, solely on the basis that (i) a post did not publish or perform as expected, or (ii) analytics, metrics, or insights provided by the Service were inaccurate, incomplete, delayed, or unavailable. This does not limit any rights you may have under mandatory consumer protection law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON‑INFRINGEMENT. We make no guarantees about uptime or performance, or that the Service or any recommendations, schedules, or analytics outputs will meet your requirements or achieve any particular results.

EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED BY LAW, POSTIFY (AND ITS AFFILIATES) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE PRIOR SIX MONTHS.

In particular, and to the maximum extent permitted by applicable law, Postify will not be liable for any loss of profits, loss of opportunity, or other damage arising solely from (i) posts failing to publish, publishing at an unintended time, or being removed or restricted by a third‑party platform, or (ii) analytics, metrics, or insights being inaccurate, incomplete, delayed, or unavailable, except where such limitation is not permitted by mandatory law.

You agree to defend, indemnify, and hold harmless Postify and its affiliates, officers, and employees from any claims, damages, liabilities, or expenses (including legal fees) arising out of:

• Your breach of these Terms
• Your violation of law or third‑party rights
• Any User Content you submit (e.g., infringement claims)

Term: These Terms take effect when you first use the Service and remain in force until terminated.

Termination by You: Cancel your subscription at any time via account settings or support.

Termination by Postify: We may suspend or terminate immediately upon your material breach or if required by law.

Effect of Termination: Your access ends and your data may be deleted (subject to legal retention). Termination does not relieve you of payment obligations. The following survive: Intellectual Property, Data Privacy, Compliance, Warranty Disclaimer, Limitation of Liability, Indemnification, and Governing Law.

We may modify, suspend, or discontinue all or part of the Service (including particular features, integrations, or plans) from time to time, for example to improve functionality, address security or legal issues, or reflect changes made by third‑party platforms or providers. Where a change is material and reasonably foreseeable, we will provide notice where practicable.

We do not guarantee that the Service, or any part of it, will always be available or operate without interruption. However, we will use commercially reasonable efforts to provide you with a reliable service, subject to the limitations and disclaimers set out in these Terms and applicable law.

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) under these Terms to the extent caused by events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, strikes, labour disputes, failures of utilities or telecommunications, outages or failures of hosting providers or third‑party platforms, government actions, or changes in law or regulation.

The affected party will use reasonable efforts to mitigate the impact of such events and to resume performance as soon as reasonably practicable. If a force majeure event continues for an extended period, we may discuss in good faith appropriate adjustments or termination of the affected services in accordance with applicable law.

These Terms are governed by and construed in accordance with the laws of Romania, without regard to conflict-of-law rules. Subject to any mandatory rights you may have as a consumer under applicable law, any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

Before starting formal proceedings, we encourage you to contact us to seek an amicable resolution. Any arbitration or alternative dispute resolution mechanism we may agree on will be optional and will not limit any non-waivable right you have to bring a claim before a court in accordance with applicable law.

We may revise these Terms and/or the Service (including features, plans, and pricing) from time to time by posting an updated version on our website and indicating the effective date. For material changes, we will provide prior notice (for example, by email or in‑app notification) where reasonably practicable.

If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the updated Terms take effect. Your continued access to or use of the Service on or after the effective date of the updated Terms will constitute your acceptance of those updated Terms, to the maximum extent permitted by applicable law.

These Terms, plus our Privacy Policy and any other incorporated policies, form the entire agreement between you and Postify. If any provision is unenforceable, the rest remain in force. No waiver of any right is a continuing waiver. Notices go to: BUSINICE S.R.L., Bucharest, Romania; legal@postify.tech.