PostHeads - Terms of Service

1. Introduction

Thank you for choosing PostHeads. Created for those dreaming of the day when online communication will be as simple as one platform, PostHeads is the ultimate solution. With a new outlook on social media management that you can keep track of all in one place, the days of lost files and crowded emails are over. Get work done with all your teams in the customized social media ecosystem.

  1. These Terms of Service (“Terms“) govern your access to and use of PostHeads websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
  2. You express your consent to be bound by these Terms of Service either by checking the box in the on-line form, by the submission of a purchase order of the Service by the first login into the Service with your login information or simply by using the Service. If you are entering into the agreement with us on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.
  3. The Service is provided by Follow Bubble s.r.o., company ID number: 277 21 876, with its registered address at Mutěnická 4126/7, Brno, Czech Republic (“we” or “us”). These Terms constitute the entire binding contract between you and us and supersede any previous statements, representations or any prior versions of these Terms. In case you and we sign a written addendum to these Terms and if there is a conflict between the provision appearing in the written addendum and the provision appearing in these Terms, the provision of the written addendum prevails.
  4. You are not entitled to use the Service if you do not agree to these Terms. In such a case, you should cease to use the Service immediately.

2. Purchase order

  1. There is a great catalogue of different types, services and features provided within our Service. To obtain full specification and a custom made offer, please contact us at hello@postheads.com. Our team will get in touch with you and provide you with all necessary information as well as with an offer and draft of the purchase order
  2. In order to start using the Service we must receive your binding purchase order (either via our website user interface or via direct e-mail contact with our representative) which states your consent to these Terms, the initial subscription period and details such as number of users, number of clients, brands names etc.
  3. The invoice with specified subscription period and applicable Service fee will be issued and send to you according to the agreed purchase order.

3. Subscription and payment conditions

  1. PostHeads is a pre-paid subscription based service. It means that our fees are based on the specification and volume of ordered services and not on actual usage of the Service. It also means that fees are non-cancellable and non-refundable.
  2. The standard subscription period is 30 days. The fee for any subscription period is based on number of ordered features and types of services. The subscription fee for the initial subscription period is stipulated in the Purchase order (“subscription fee”). Unless otherwise stipulated in the purchase order, the subscription fee is payable in USD.
  3. The initial period as well as any following subscription periods is automatically renewed, provided that we receive your payment of the invoiced subscription fee to our account specified in the invoice before the end of the effective subscription period.
  4. Provided that we have received payment of your subscription fee, your subscription period begins immediately upon confirming accepting your payment.
  5. We will send you an invoice and will inform you about upcoming expiration of your subscription no later than 10 days before the end of your subscription period. If we receive the payment for the next subscription period prior to its end, your subscription will be automatically renewed. You shall inform us no later than 7 days before the expiration of your current subscription period if you are not interested in extending your subscription for the next subscription period or if you wish to downgrade the ordered Services.
  6. During the subscription period you are entitled to upgrade the Service at any time e.g. by increasing the number of users or clients or brand names, provided that you pay the additional subscription fee if applicable. The additional subscription fee will be re-calculated and charged on pro-rated basis per day for remaining number of days of the effective subscription period. The next upcoming subscription period (in case of automatic renewal) will automatically include the upgraded scope of Service.
  7. We are allowed at any time and at our own discretion to update the Service offering, its features, specification or the pricing conditions. The change of the pricing condition does not affect already existing and effective purchase orders and effective subscription periods. If you do not agree with the new pricing or with the Service changes you are free to choose not to renew your subscription at the end of your agreed subscription period.

4. Terms of use

  1. We shall provide you with the login information (username and password) after the receipt of the invoiced subscription fee. Login information is non-transferable and can be used only by the designated individual. You are fully responsible for the safety of your login information. You shall inform us without any delay about any unauthorized access to the Service or any other misuse of your login information.
  2. We shall provide you with the basic customer support at no additional charge via our customer help line at help@postheads.com. Premium customer support is available only as a premium paid service.
  3. You agree that your conduct and use of the Service will be always in accordance with applicable law. Your activity shall not contradict the legally binding provisions of applicable law, shall be performed in good faith, shall comply with public order and it shall not impede the PostHeads’ rights or rights of any other third person. It means inter alia:
    • You shall use the Service only in compliance with the Service documentation (www.postheads.com/faq) and with the applicable law. You are fully responsible for the quality, legality and integrity of data and content that you upload, store or further distribute within the Service.
    • You shall not make the Service available to unauthorized users. You are not entitled to sell, license, resell, rent, assign or make available the Service to third parties without our prior written consent.
    • It is prohibited to use the Service to store, distribute or transmit any illegal, infringing, defamatory materials or any materials that violates third party privacy rights. You shall not use the Service to store, distribute or transmit any viruses, trojan horses, worms or other malicious or harmful code, scripts or computer programs. You shall not upload, post, host, transmit or otherwise make available to others unsolicited messages through the Service.
    • You shall cease of any direct or indirect activities to obtain unauthorized access to restricted Service areas or data.
  4. Your content is your property. We are not obliged to back-up your content or to return the stored content to you after the termination of the contract for the Service. In case of the termination of the contract between you and us, our only obligation is to completely delete all your content and data from our servers. After the termination of the contract, we are entitled to store only data as defined in the Privacy Policy and data that we are obliged to archive according to applicable law.

5. Privacy Policy

  1. You acknowledge that you have read and understood our Privacy Policy, which is available at http://www.postheads.com/privacy-policy and which is incorporated herein by this reference. By using the service you express your consent to our Privacy Policy.

6. Liability

  1. Though we use our best efforts to provide the Service at top quality, we are not liable for any occasional impaired accessibility or non-operability of the Service, due to, but not limited to, technical difficulties, dependence on the services of the third parties and other reasons beyond the scope of our control.
  2. We will use our best efforts to prevent any loss or damage of your data. However, We strongly recommend you backing up your important data on a regular basis, since we cannot guarantee their permanent accessibility or integrity and we are not liable for any alteration, loss or damage of your stored data if caused by technical disruptions, failure, your usage of the Service, activities of other users within your user group or attacks from third-party.
  3. Without prejudice to any other right or remedy, we may limit, suspend or terminate your access to the Service (either temporarily or permanently) without any compensation if you are (or we have reasons to believe that you are) failing to comply with these Terms. We will notify you by email about our decision and may grant you a certain period of time to comply again with these Terms.
  4. Our total liability, regardless of the legal basis for your claims, will be limited only to direct damages up to the amount you have paid for the Service for the last 30 days of your subscription before the occurrence of your claim.
  5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR YOUR CLAIM IS, WE WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, DAMAGES FOR LOST OF PROFITS OR REVENUES OR BUSINESS INTERRUPTION) ARISING IN CONNECTION WITH USE OF OUR SERVICE, OR IN CONNECTION WITH ANY CONTENT, MATERIALS DELIVERED WITHIN SERVICE.
  6. You agree to indemnify us and hold us harmless against any and all liability, claims, suits, losses, costs and legal fees caused by or arising out of your use, misuse of the Service or your breach of these Terms.
  7. The use of PostHeads is at your own risk. We provide the platform and data space for your social media needs and not the content itself. You acknowledge that the content as delivered within the Service is originated and created by you or by third parties and we are not liable and have no control over any third party content or links. The Service is provided “as is” on a commercially reasonable basis. We provide no other implied warranty of the quality, content suitability, functionality, availability or performance of our Service.
  8. You acknowledge that the Service interoperates and depends on availability of third party API to third party services especially in case of various social media networks like Facebook, Twitter, Pinterest etc. If any third party ceases to make its API available for us and our Service or if it changes significantly its business conditions, we are entitled to remove such social network or service and related features from our Service offering without any compensation.
  9. Our Service may use link and interconnection to the third party services. By adding the third party services you agree to be bound by the terms and condition and privacy policies of such third party service, if applicable. We are not liable for any damage or loss caused by interconnection with such services.
  10. You acknowledge and agree that your primary remedy for any dispute with us is to stop using our Service. We shall not be liable in any way for damage or loss of any kind resulting from the inability to use the Service including without limitation computer failure or malfunction or the interruption of the Service including without limitation internet disruptions, third party attacks against our infrastructure, software or hardware failures or any other event which may result in a loss of data of disruption of the Service.
  11. The relationship between you and us established by these Terms is governed by the laws of the Czech Republic without any prejudice to the rule of public order in your place of habitual residence. You nonetheless must comply with all the local, state and federal laws applicable to you in your jurisdiction.
  12. In the event of any dispute or controversy (“dispute”) related to our Service, you agree to use your best efforts to resolve the dispute with us amicably. If the mutual amicable resolution is not reached within 30 days since the beginning of the negotiations, the dispute shall be settled by the competent courts of the Czech Republic.

7. License

  1. We will not use your content for any other purpose than to provide the Service and for anonymous statistical reporting. You grant to us a limited, free of charge, royalty-free, non-exclusive, worldwide license to use your content and data derived from your use of the Service BUT ONLY FOR THE PURPOSE OF THE PROVISION OF THE SERVICE. We reserve the right to remove without any notice and compensation any of your content stored in the Services that constitutes a violation of these Terms. You are entitled to make your content available to other users or to public pursuant to your own licensing conditions or decisions. We are not liable for any activities with your content made by you or by other users to whom you make the content available.
  2. Upon your payment of the subscription fee we grant you a non-exclusive, time limited and revocable license to access and use the Service solely for your own purpose during the term of your subscription period. This license is non-transferable and it is subject to your compliance with these Terms and payment of the subscription fee.
  3. All rights to the Service (including, without limitation, names, trademarks, software, videos, images, graphic, sounds) not expressly granted in Section 7.2 of these Terms are reserved to us. You are not entitled to license, sublicense, assign, copy, modify or create a derivative work of our Service. You are not authorized to reverse engineer, decompile or otherwise attempt to extract the source code of our Service or any part thereof.
  4. The remuneration for the license is included in the subscription fee.
  5. We may change the Terms at our sole discretion. We will inform you of any and all changes by a message sent to the e-mail address indicated in your account. The most recent version of the Terms is always available at our websites at http://www.postheads.com/terms-of-use

PostHeads Terms of Service, version 1.0, from March 7th, 2013

@PostHeads

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