Terms of Service

1. Acceptance of Terms

By creating an account or using PostMonk's services, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and any other policies referenced herein. If you are using PostMonk on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

PostMonk is a social media management platform designed for marketing agencies. Our services include:

• Multi-platform content creation, scheduling, and publishing
• AI-powered content generation (AI Studio)
• Client approval workflows and branded portals
• Brand voice management and enforcement
• Analytics and performance reporting
• Team collaboration and role-based access controls

PostMonk is an independent service and is not affiliated with, endorsed by, or sponsored by Meta (Facebook/Instagram), X (Twitter), LinkedIn, TikTok, Google (YouTube), or any other social media platform. We access these platforms through their official, publicly available APIs.

3. Accounts and Registration

To use PostMonk, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 16 years old to use PostMonk. If you are using PostMonk on behalf of an agency, you are responsible for ensuring your team members and clients comply with these Terms.

4. Connected Social Media Accounts

PostMonk allows you to connect social media accounts from supported platforms. By connecting an account, you:

• Authorize PostMonk to access and interact with that platform's API on your behalf
• Confirm that you have the right to manage the connected account (including client accounts you manage as an agency)
• Agree to comply with the connected platform's terms of service and community guidelines
• Understand that platform features may change or become unavailable due to API changes outside our control

You may disconnect any social account at any time through PostMonk's settings. Upon disconnection, PostMonk will cease accessing that account and will delete cached data in accordance with our Privacy Policy.

5. Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to the content you create, upload, or publish through PostMonk. By using our services, you grant PostMonk a limited, non-exclusive license to host, store, display, and transmit your content solely for the purpose of providing our services.

5.2 AI-Generated Content

Content generated by PostMonk's AI Studio is created based on your inputs, brand voice settings, and prompts. You own the AI-generated content and are responsible for reviewing it before publishing. PostMonk does not guarantee that AI-generated content is free from errors, biases, or intellectual property conflicts.

5.3 PostMonk's Intellectual Property

The PostMonk platform, including its software, design, branding, and documentation, is owned by PostMonk and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the platform.

6. Acceptable Use

You agree to use PostMonk in compliance with our Acceptable Use Policy and all applicable laws. You may not use PostMonk to:

• Violate any applicable law, regulation, or third-party right
• Publish content that violates any connected platform's community guidelines
• Distribute spam, malware, or misleading content
• Infringe on the intellectual property rights of others
• Attempt to gain unauthorized access to PostMonk's systems or other users' accounts
• Use the platform to harass, threaten, or harm others
• Resell or sublicense access to PostMonk without authorization

7. Payment Terms

• Paid plans are billed in advance on a monthly or annual basis
• All fees are quoted in US dollars unless otherwise stated
• Annual plans are billed for the full year and are non-refundable after 14 days
• Monthly plans may be cancelled at any time, effective at the end of the current billing period
• We reserve the right to change pricing with at least 30 days' notice
• Failed payments may result in service suspension after a 7-day grace period

8. Service Availability

We strive to maintain 99.9% uptime for the PostMonk platform. However, we do not guarantee uninterrupted access. We are not responsible for downtime caused by:

• Scheduled maintenance (we provide advance notice)
• Third-party platform API outages or changes
• Force majeure events
• Your internet connection or hardware

9. Termination

Either party may terminate this agreement at any time:

• By you: Cancel your account through settings or by contacting support
• By us: We may suspend or terminate your account for violation of these Terms, with notice where practicable

Upon termination, your right to use PostMonk ceases immediately. We will retain your data for 30 days to allow data export, after which all data will be permanently deleted, except where retention is required by law. For immediate data deletion, see our Data Deletion page.

10. Limitation of Liability

To the maximum extent permitted by law:

• PostMonk is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim
• We are not responsible for actions taken by connected social media platforms, including account suspensions, API changes, or content removals

11. Indemnification

You agree to indemnify and hold PostMonk harmless from any claims, damages, or expenses arising from your use of the platform, your content, or your violation of these Terms or any third-party rights.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through an in-app notification at least 30 days before the changes take effect. Continued use of PostMonk after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at [email protected].