Please read these terms carefully before using our platform
Last Updated: March 1, 2025
These Terms of Service ("Terms") govern your access to and use of the StreamPost.AI platform, website, mobile application, and related services (collectively, the "Services") provided by StreamPost.AI, Inc. ("StreamPost.AI," "we," "our," or "us").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17.
To use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract with StreamPost.AI. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
You may not access or use the Services if you are barred from receiving services under applicable law or have been suspended or removed from our Services previously.
To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to disable any user account, at any time, in our sole discretion, including if we believe that you have violated these Terms.
StreamPost.AI offers various subscription plans, including a free trial period for certain plans. By selecting a subscription plan and providing your payment information, you agree to pay the subscription fees for your selected plan. All fees are in U.S. dollars and are exclusive of taxes, unless otherwise stated.
We may offer a free trial period for certain subscription plans. Unless otherwise stated, free trials automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial ends. You may be required to provide payment information to start a free trial.
For paid subscriptions, we will bill you in advance on a recurring basis (monthly or annually, depending on your subscription plan). Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date.
We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide you with notice of the change at least 30 days before the change takes effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the updated fee.
Payments are nonrefundable except as expressly set forth in these Terms or as required by applicable law. We may provide prorated refunds in our sole discretion for specific circumstances.
You are responsible for all taxes applicable to your subscription, excluding taxes based on StreamPost.AI's net income. If we are obligated to collect or pay taxes in connection with your subscription, those taxes will be charged to you.
Subject to your compliance with these Terms, StreamPost.AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
Your use of the Services may be subject to certain limitations, such as the number of social media accounts you can connect, the volume of content you can schedule, or other usage metrics as specified in your subscription plan. We reserve the right to monitor your usage and enforce these limitations.
In using our Services, you agree not to:
"User Content" means any text, images, videos, audio, or other material that you upload, create, transmit, store, or display on or through the Services, including content you post or schedule to social media platforms through our Services.
You retain ownership of any intellectual property rights you hold in your User Content. By uploading or otherwise providing User Content, you grant StreamPost.AI a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content for the purposes of operating, developing, providing, and improving the Services, and for developing new products and services.
You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading or otherwise providing User Content, you represent and warrant that:
We have the right (but not the obligation) to monitor, review, screen, post, remove, reject, or store User Content at any time and for any reason, without notice. We do not endorse any User Content, and User Content does not represent our views or those of our affiliates or partners.
The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by StreamPost.AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant us a non-exclusive, sublicensable, irrevocable, perpetual, worldwide, royalty-free license to use, modify, create derivative works from, distribute, publicly display, and publicly perform the Feedback for any purpose without compensation or obligation to you.
StreamPost.AI's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of StreamPost.AI or its affiliates or licensors. You may not use such marks without the prior written permission of StreamPost.AI. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
The Services may integrate with or include links to third-party websites, services, or platforms, such as social media platforms. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of any third-party service is at your own risk and subject to the terms and conditions of that service.
To use certain features of our Services, you may need to connect your social media accounts. You represent and warrant that you have the authority to grant us access to these accounts and that you have read, understood, and agree to the terms of service of those platforms. You acknowledge that the use of such platforms in conjunction with our Services is subject to both these Terms and the terms of the applicable social media platform.
Our Services utilize APIs provided by social media platforms and other third parties. These APIs may change or be discontinued at any time, which may affect the availability and functionality of our Services. We are not responsible for any changes to or discontinuation of third-party APIs.
Our Privacy Policy, available at https://streampost.ai/privacy.php, describes how we collect, use, and share information when you use our Services. By using the Services, you acknowledge and agree to the collection, use, and disclosure of your information as described in our Privacy Policy.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services or by other means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using the Services.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
You may terminate these Terms at any time by cancelling your subscription and ceasing all use of the Services. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid.
We may terminate or suspend your access to all or any part of the Services immediately, without prior notice or liability, for any reason, including if we believe that you have violated these Terms. Upon termination, your right to access and use the Services will immediately cease.
Upon termination of these Terms:
The following provisions will survive termination of these Terms: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STREAMPOST.AI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STREAMPOST.AI OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMPOST.AI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
(c) ANY CONTENT OBTAINED FROM THE SERVICES; AND
(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT STREAMPOST.AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL STREAMPOST.AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO STREAMPOST.AI FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless StreamPost.AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of StreamPost.AI.
The Services may be subject to U.S. export control laws and regulations and may be subject to export or import regulations in other countries. You agree to comply with all such laws and regulations and acknowledge that you are responsible for obtaining any licenses or approvals required to export, re-export, transfer, or import the Services.
You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms and any disputes relating to these Terms or the Services shall be governed by the laws of the State of California without regard to its conflict of law provisions. This governing law provision applies regardless of your location or where you access the Services.
Before filing a claim against StreamPost.AI, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days of submission, you or StreamPost.AI may bring a formal proceeding.
YOU AND STREAMPOST.AI AGREE TO RESOLVE ANY DISPUTES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS SET FORTH UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE BELOW.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, California, or any other location we agree to.
Either party may assert claims in small claims court if they qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU AND STREAMPOST.AI 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. Further, unless both you and StreamPost.AI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
You can opt out of the agreement to arbitrate by sending an email to [email protected] within 30 days of first accepting these Terms.
These Terms, including our Privacy Policy, constitute the entire agreement between you and StreamPost.AI regarding the Services and supersede all prior agreements and understandings, whether written or oral.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
We may provide notices to you via email, regular mail, or postings on the Services. Notices to us should be sent to [email protected] or to our mailing address: StreamPost.AI, Inc., 101 Market Street, Suite 700, San Francisco, CA 94105.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
If you have any questions about these Terms, please contact us at:
StreamPost.AI, Inc.
Attn: Legal Department
101 Market Street, Suite 700
San Francisco, CA 94105
Email: [email protected]
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