Terms of Service

Welcome to Postbase! These Terms and Conditions ("Terms") outline the rules and regulations for the use of Postbase, Inc.'s Website and Services, located at https://www.trypostbase.com.

By accessing or using our Website or Services, you agree to these Terms. If you do not agree to all the terms and conditions stated on this page, please do not use Postbase's Website or Services.

1. Acceptance of Terms

By accessing or using Postbase, you affirm that:

• You have read and understand these Terms.
• You have the legal capacity to enter into this agreement.
• You agree to be bound by these Terms, including our Privacy Policy.

These Terms constitute a legally binding agreement between you and Postbase, Inc.

ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND POSTBASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. Account Creation and Responsibilities

‍2.1 Account Registration

To use Postbase, you must create an account by providing your name, email address, and password. You may also optionally provide your company name. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

‍2.2 Account Security

You agree to:

• Provide accurate and complete information.
• Promptly update your information if it changes.
• Use a strong, unique password.
• Notify us immediately of any unauthorized access to your account at support@trypostbase.com.
• Not share your account credentials with third parties.

2.3 Age and Eligibility Requirements

You must be at least 18 years old to use Postbase. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service complies with all applicable laws and regulations.

If you are registering an account on behalf of an organization or company, you represent and warrant that you have the authority to bind that entity to these Terms.

2.4 Multiple User Accounts

Depending on your subscription plan, you may be able to add additional team members to your account. Each team member must comply with these Terms, and you are responsible for the actions of all users under your account.

3. User-Generated Content and Ownership

‍3.1 Ownership of User-Generated Content

You retain full ownership of all content you generate, create, upload, schedule, or publish using Postbase ("User-Generated Content"), including but not limited to:

• Social media posts (text, captions, descriptions)
• Images, videos, and other media files
• Hashtags and tags
• Draft content and templates
• Comments and replies to your social media audience

We do not claim ownership of your User-Generated Content.

‍3.2 Limited License to Postbase

By using Postbase, you grant us a limited, non-exclusive, worldwide, royalty-free license to use your User-Generated Content solely to:

• Provide and maintain the Postbase service (including storing, displaying, and transmitting your content to connected social media platforms).
• Improve the platform functionality for your individual account.
• Address technical issues.
• Comply with legal obligations.

This license is limited to the purposes stated above and does not allow us to:

• Sell your content or data to third parties.
• Use your content for marketing purposes without your explicit permission.
• Share your content with other Postbase users.
• Use your content to train AI models for general, public, or third-party purposes.

3.3 Responsibility for User-Generated Content

You are solely responsible for all User-Generated Content you create, schedule, or publish through Postbase. You affirm, represent, and warrant that:

• You are the creator and owner of the User-Generated Content, or have the necessary licenses, rights, consents, and permissions to use and publish such content.
• Your User-Generated Content does not and will not: (i) infringe, violate, or misappropriate any third-party rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights; (ii) slander, defame, libel, or invade the right of privacy or publicity of any other person; or (iii) cause Postbase to violate any law or regulation.

3.4 Data Portability and Backup

You have the right to export and download your User-Generated Content at any time while your account is active. Important: You are solely responsible for maintaining backup copies of your User-Generated Content. Upon termination of your account, you may lose access to content stored within Postbase.

4. Service Description and Subscription

‍4.1 Service Overview

Postbase is a social media management platform that enables users to:

• Connect multiple social media accounts across various platforms
• Create and customize social media posts
• Schedule posts for future publication
• View and manage scheduled content
• Analyze post performance (in future versions)
• ‍Manage comments and direct messages (in future versions)

‍4.2 Service Modifications

Postbase reserves the right to modify, suspend, or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. We will have no liability for any change to the Service, including any paid-for functionalities, or any suspension or termination of your access to or use of the Service.

Service fees are non-refundable except as expressly provided in these Terms. You should retain copies of any User-Generated Content you post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to your content.

‍4.3 Subscription Plans

We offer various subscription plans (e.g., Free, Professional, Business, Enterprise) with different features, usage limits, and connected account allowances. Details of current plans, pricing, and features are available on our Website at https://www.trypostbase.com/pricing.

‍4.4 Billing Cycles

Subscriptions are available on monthly or annual billing cycles, at your choice at the time of purchase. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided in these Terms.

‍4.5 Free Trial

We may offer a free trial period for certain subscription plans. If you do not cancel before the end of the free trial period, you will automatically be charged for the subscription plan you selected.

‍4.6 Usage Limits

Each subscription plan has specific usage limits, which may include:

• Number of connected social media accounts
• Number of scheduled posts per month
• Team member seats
• Storage capacity for media files

If you exceed these limits, you may be prompted to upgrade your subscription or certain features may become unavailable until your limits reset.

5. Company Materials and Intellectual Property

‍5.1 Ownership of Platform

All platform software, user interfaces, graphics, design, branding, logos, templates, algorithms, and other proprietary content provided by Postbase ("Company Materials") belong exclusively to Postbase, Inc. or its licensors. Nothing in these Terms transfers ownership of Company Materials to you.

‍5.2 Limited License to Users

Subject to your complete and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Postbase for its intended purposes according to these Terms and your subscription plan.

‍5.3 Restrictions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or Company Materials.
• Use any content scraping, data mining, robots, spiders, or similar data gathering or extraction methods.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of our software.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
• Create derivative works based on Company Materials.
• Use our platform, name, or brand to develop a competing product or service.
• Frame or mirror any content forming part of the Service.

5.4 Feedback

If you provide feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant Postbase an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use, modify, and incorporate the Feedback into our products and services without any obligation to provide you with attribution or compensation.

6. Third-Party Platform Integration

6.1 Connected Social Media Accounts

Postbase enables you to connect your third-party social media accounts (including Instagram, Facebook, Threads, TikTok, YouTube, X/Twitter, and LinkedIn) to schedule and publish content. By connecting these accounts, you:

• Authorize Postbase to access certain information from your social media accounts as described in our Privacy Policy.
• Authorize Postbase to publish content to your connected accounts on your behalf.
• Acknowledge that your use of these third-party platforms is subject to their respective terms of service and privacy policies.

6.2 Third-Party Responsibility

Postbase is not responsible for:

• The availability, functionality, or performance of third-party social media platforms.
• Changes to third-party platform APIs, features, or policies that may affect Postbase functionality.
• Content policies, moderation decisions, or account suspensions imposed by third-party platforms.
• Any loss of data or content on third-party platforms.

6.3 Revocation of Access

You may disconnect any social media account from Postbase at any time through your account settings or through the third-party platform's security settings. When you disconnect an account:

• Scheduled posts for that account will be deleted.
• Postbase will cease accessing data from that account.
• Historical analytics data (if applicable) may be retained as described in our Privacy Policy.

6.4 Compliance with Platform Policies

You are solely responsible for ensuring that your use of Postbase and the content you publish complies with the terms of service, community guidelines, and content policies of each connected third-party platform. Violations of third-party platform policies may result in action taken by those platforms against your accounts, and Postbase bears no responsibility for such consequences.

6.5 Platform Limitations

Third-party social media platforms may impose limitations on:

• Publishing frequency or volume
• Content formats or file sizes
• API access or rate limits
• Feature availability

These limitations are beyond Postbase's control and may affect your ability to use certain Service features.

7. Acceptable Use Policy

‍7.1 Prohibited Activities

You may not use Postbase to:

• Create, upload, schedule, or publish illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise offensive content.
• Violate any laws or third-party rights, including intellectual property rights, privacy rights, or publicity rights.
• Upload malware, viruses, or other malicious code.
• Attempt to circumvent security features, bypass usage limits, or gain unauthorized access to the Service or other users' accounts.
• Interfere with the operation of the Service or other users' experience.
• Engage in spamming, phishing, or fraudulent activities.
• Impersonate another person, entity, or Postbase representative.
• Use automated systems (bots, scripts) to access the Service in ways not intended by Postbase.
• Collect or harvest information about other users.
• Use the Service to send unsolicited communications or advertisements.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

7.2 Account Suspension and Termination

Violations of this Acceptable Use Policy may result in:

• Content removal
• Warning notifications
• Temporary account suspension
• Permanent account termination
• Legal action if required by law

We reserve the right to investigate violations and take appropriate action at our sole discretion.

8. Content Guidelines

‍8.1 Prohibited Content

Hateful Content: Any content that could be reasonably perceived to harm, threaten, promote hatred of, promote harassment of, promote intimidation of, or promote abuse of others based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.

Threats of Physical Harm: Any content that could be reasonably perceived to threaten, advocate, or incite physical harm or violence against others, including references to groups known for promoting violence.

Harassment: Content that constitutes harassment, including:

• Revealing someone's personal information ("doxxing")
• Online stalking or persistent unwanted contact
• Bullying or targeted abuse
• Wishes for physical harm directed at individuals
• Incitement of others to harass

Misinformation: False information that could lead to harm, including:

• Health misinformation that could contribute to illness or death
• Election misinformation intended to suppress voting rights
• Manipulated media intended to deceive
• Coordinated inauthentic behavior or astroturfing

Child Safety Violations: Any content related to child sexual abuse or exploitation. We have zero tolerance for such content and will report violations to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.

Illegal Content: Content that violates any applicable local, state, national, or international law.

8.2 Enforcement

Postbase reserves the right to:

• Screen, review, or monitor User-Generated Content.
• Remove or refuse to publish any content that violates these Terms or third-party platform policies.
• Suspend or terminate accounts of users who repeatedly violate these Content Guidelines.

We are under no obligation to monitor User-Generated Content, but we may do so at our discretion and may take action when violations are reported or discovered.

‍8.3 User Reports

If you become aware of content or behavior on Postbase that violates these guidelines, please report it immediately by contacting us at support@trypostbase.com.

‍9. Privacy and Data Collection

‍9.1 Privacy Policy

Your use of Postbase is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://www.trypostbase.com/privacy-policy to understand how we collect, use, and protect your information.

‍9.2 Data Collection

We collect the following types of data:

• Account information (name, email, company name, password)
• Usage data to improve our services
• Social media account connection data (as described in our Privacy Policy)
• Analytics data using tools such as Google Analytics, Mixpanel, and similar services
• Payment information (processed by third-party payment processors)

‍9.3 Data Storage and Security

Your data is stored on secure servers in the United States. We implement industry-standard security measures to protect your data from unauthorized access, but no security system is impenetrable, and we cannot guarantee absolute security.

‍9.4 Data Protection Commitment

We commit to:

• Never sell your personal data or User-Generated Content to third parties.
• Never use your User-Generated Content to train AI models for general, public, or third-party purposes.
• Process your data only as necessary to provide the Service and as described in our Privacy Policy.

‍10. Cookies

We use cookies and similar tracking technologies to improve your experience with Postbase. By accessing our Website, you agree to use cookies in accordance with our Privacy Policy.

Cookies help us:

• Remember your login information
• Save your preferences
• Analyze how you use the Service
• Provide targeted advertising

You can control cookie settings through your browser, but disabling certain cookies may limit your ability to use some features of the Service. For more details on the types of cookies we use and your choices, please refer to our Privacy Policy.

‍11. Payment Terms

‍11.1 Subscription Fees

Some features of Postbase require payment of subscription fees. Before you pay any fees, you will have an opportunity to review and accept the charges. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided in these Terms.

‍11.2 Pricing

Postbase reserves the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on our website up to date at https://www.trypostbase.com/pricing.

If you cancel your subscription, you may lose access to your current pricing. If you reactivate at a later date, current pricing at that time will apply.

Postbase may change fees for any feature of the Service with reasonable advance notice. Postbase may make promotional offers with different features and pricing to different customers at its sole discretion.

‍11.3 Authorization

By providing a payment method, you authorize Postbase and its third-party payment processors to charge all fees for your selected subscription plan, including all applicable taxes.

‍11.4 Automatic Renewal

Subscription Service: If you purchase a subscription plan, your subscription will automatically renew at the end of each billing period (monthly or annual, as selected) and you will be charged the then-current subscription fee unless you cancel before the renewal date.

Subscription Billing Date: Your Subscription Billing Date is the date when you first purchase your subscription. Your account will be charged automatically on the Subscription Billing Date and on each renewal date thereafter.

Cancellation: You must cancel your subscription before it renews to avoid billing for the next subscription period. You may cancel your subscription at any time by:

• Accessing your account settings at https://app.trypostbase.com/settings/
• Contacting us at support@trypostbase.com

Your cancellation must be received before the renewal date to avoid charges for the next subscription period.

‍11.5 Payment Method Updates

If your payment method is no longer valid at the time a renewal fee is due, we reserve the right to suspend or terminate your account and delete any content associated with your account without liability to you.

‍11.6 Delinquent Accounts

Postbase may suspend or terminate access to the Service for any account with unpaid amounts. A delinquent account may be charged with fees or charges incidental to collection of the unpaid amount, including collection fees and reasonable attorneys' fees.

‍11.7 Refund Policy

No Refunds: Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion on a case-by-case basis.

If you believe you are entitled to a refund due to exceptional circumstances, please contact us at support@trypostbase.com with your account details and reason for the refund request.

‍12. Termination

‍12.1 Termination by User

You may terminate your account at any time by:

• Following the cancellation instructions in your account settings
• Contacting us at support@trypostbase.com

Upon termination by you:

• Your access to paid features will cease at the end of your current billing period
• Your User-Generated Content will remain accessible for 90 days
• After 90 days, your data will be permanently deleted

‍12.2 Termination by Postbase

We reserve the right to suspend or terminate your access to Postbase at any time, with or without notice, for:

• Violations of these Terms
• Violations of third-party platform policies that affect the Service
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Any other reason at our sole discretion

‍12.3 Effect of Termination

Upon termination of your account for any reason:

• Your license to use the Service will immediately terminate
• You will no longer be authorized to access your account or the Service
• You must pay any unpaid amounts that were due prior to termination
• Subscription fees already paid are non-refundable
• You may lose access to all User-Generated Content stored in Postbase

You are solely responsible for retaining backup copies of your User-Generated Content. We strongly recommend regularly exporting your content and media files.

‍12.4 Survival

The following sections will survive termination of these Terms: Sections 3.2 (Limited License to Postbase), 5 (Company Materials and Intellectual Property), 5.4 (Feedback), 12.3 (Effect of Termination), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law and Jurisdiction), and 20 (Miscellaneous).

‍12.5 Prohibition on Re-Registration

If your account has been terminated for a breach of these Terms, you are prohibited from creating a new account using a different name, email address, or other forms of account verification.

‍13. Disclaimers

‍13.1 "As Is" Service

POSTBASE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

‍13.2 No Guarantees

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• Scheduled posts will publish at the exact scheduled time
• The Service will be compatible with all third-party platforms at all times
• Your content will comply with third-party platform policies
• Your social media accounts will not be suspended or terminated by third-party platforms

‍13.3 Third-Party Platforms

POSTBASE DOES NOT CONTROL THIRD-PARTY SOCIAL MEDIA PLATFORMS AND IS NOT RESPONSIBLE FOR:

• Platform availability, performance, or changes
• Platform policy changes or enforcement
• Failed posts due to platform limitations or errors
• Account suspensions or terminations by platforms
• Loss of data on third-party platforms

YOUR USE OF THIRD-PARTY PLATFORMS THROUGH POSTBASE IS AT YOUR OWN RISK.

‍13.4 Content Accuracy

You acknowledge that you are solely responsible for reviewing and verifying all content before it is published. Postbase is not responsible for:

• Errors or inaccuracies in your content
• Typos, formatting issues, or media quality problems
• Compliance with third-party platform content policies
• Legal or regulatory compliance of your content

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSTBASE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

‍14. Limitation of Liability

‍14.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSTBASE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content (including User-Generated Content)
• Loss of goodwill or reputation
• Cost of substitute services
• Damages resulting from failed or delayed posts
• Damages resulting from third-party platform actions
• Any other intangible losses

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF POSTBASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POSTBASE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

‍14.2 Maximum Liability

EXCEPT AS PROVIDED IN SECTION 17 (DISPUTE RESOLUTION) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF POSTBASE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:

(a) THE AMOUNT YOU HAVE PAID TO POSTBASE FOR ACCESS TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR(b) $100 USD

‍14.3 Allocation of Risk

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.

‍14.4 Exclusions

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury resulting from our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

‍15. Indemnification

You agree to defend, indemnify, and hold harmless Postbase, Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs) arising out of or in connection with:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Any User-Generated Content you create, upload, schedule, or publish through Postbase
• Your violation of any law or regulation
• Any dispute between you and any third party, including social media platforms
• Content you publish to third-party platforms through Postbase

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

‍16. Intellectual Property Protection

‍16.1 Respect for Third-Party Rights

Postbase respects the intellectual property rights of others and expects users to do the same. Infringing activity will not be tolerated on or through the Service.

‍16.2 DMCA Notification

We comply with the Digital Millennium Copyright Act (DMCA). If you believe that content available on or through Postbase infringes your copyright, you may email us a DMCA notice:

support@trypostbase.com

‍16.3 DMCA Notice Requirements

Your notice must include:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed
• A description of where the infringing material is located on the Service
• Your contact information (address, telephone number, email address)
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

‍16.4 Counter-Notification

If you believe that content you posted was removed in error, you may submit a counter-notification to our Designated Agent with:

• Your physical or electronic signature
• Identification of the removed material and where it appeared
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, telephone number, and consent to jurisdiction

‍16.5 Repeat Infringers

Postbase's policy is to terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

‍17. Dispute Resolution

‍17.1 Arbitration Agreement

You and Postbase, Inc. agree to resolve any disputes arising out of or relating to these Terms, the Service, or your relationship with us through binding arbitration rather than in courts of general jurisdiction, except as provided in Section 17.2 below.

Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND POSTBASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

‍17.2 Exceptions

Despite Section 17.1, nothing in these Terms will preclude either party from:

• Bringing an individual action in small claims court for disputes within that court's jurisdiction
• Seeking injunctive relief in a court of law
• Pursuing an enforcement action through an applicable federal, state, or local agency
• Filing suit in court to address an intellectual property infringement claim

‍17.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out within 30 days after the date you first accept these Terms by sending written notice to:

support@trypostbase.com

Your opt-out notice must include: (a) your full legal name, (b) the email address associated with your Postbase account, and (c) a clear statement that you wish to opt out of arbitration.

If you opt out, Section 17.1 will be void and any disputes will be resolved as set forth in Section 18 (Governing Law and Jurisdiction).

‍17.4 Arbitration Process

The arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in San Francisco, California, unless both parties agree otherwise.

Each party will be responsible for their own arbitration fees, unless otherwise determined by the arbitrator in accordance with applicable law.

‍17.5 Class Action Waiver

YOU AND POSTBASE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

‍17.6 Enforceability

If the class action waiver in Section 17.5 is found to be unenforceable, or if the entirety of this Section 17 is found to be unenforceable, then this arbitration provision shall be null and void, and the exclusive jurisdiction and venue described in Section 18 will govern any disputes.

‍18. Governing Law and Jurisdiction

‍18.1 Governing Law

These Terms and any disputes arising out of or related to them or your use of Postbase shall be governed by the laws of the State of California, without regard to its conflict of law principles.

‍18.2 Jurisdiction

If the arbitration provision in Section 17 is found unenforceable or if you opt out of arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for resolution of any disputes.

‍19. Changes to Terms

‍19.1 Modification Rights

We reserve the right to modify these Terms at any time by posting the amended Terms on our Website. We will update the "Last updated" date at the top of these Terms when changes are made.

‍19.2 Notification

For material changes to these Terms, we will make reasonable efforts to notify you by:

• Sending an email to the address associated with your account
• Displaying a prominent notice on our Website or within the Service
• Requiring you to accept the updated Terms upon your next login

‍19.3 Acceptance

Your continued use of Postbase after such changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

‍19.4 Material Changes

If we make material changes that substantially affect your rights, we will provide at least 30 days' notice before the changes take effect (except where changes are required by law, in which case they may take effect immediately).

‍20. Miscellaneous

‍20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Postbase, Inc. regarding your use of Postbase and supersede all prior agreements and understandings.

‍20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect.

‍20.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver by Postbase of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

‍20.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User-Generated Content, at any time without notice or consent. Any attempted assignment by you in violation of this section shall be null and void.

‍20.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, riots, or civil unrest
• Government actions or regulations
• Internet service provider failures or delays
• Third-party platform outages or API changes
• Labor disputes or strikes
• Pandemics or public health emergencies

‍20.6 Export Controls

You may not use, export, re-export, import, or transfer the Service except as authorized by U.S. law and the laws of the jurisdiction in which the Service was obtained. You represent that you are not (a) located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, or (b) listed on any U.S. government list of prohibited or restricted parties.

‍20.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Postbase. You have no authority to bind Postbase or make commitments on its behalf.

‍20.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

‍20.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

‍20.10 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and any translated version, the English version shall prevail.

‍20.11 Electronic Communications

By using Postbase, you consent to receiving electronic communications from us, including emails about your account, service updates, and promotional messages (which you may opt out of as described in our Privacy Policy). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

‍21. Contact Information

If you have any questions about these Terms or our Service, please contact us at:

Email: support@trypostbase.com