Terms of Service

Terms of Service

**IMPORTANT:** Please read these Terms of Service carefully before using Postmagiq. By using our Service, you agree to be legally bound by these terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using Postmagiq ("Service"), operated by Butterknife LLC, doing business as Postmagiq, ("Company", "we", "us", "our"), you ("User", "you", "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and our Acceptable Use Policy, which are incorporated herein by reference.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

**IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.**

2. Description of Service

Postmagiq is an AI-powered content creation and workflow orchestration platform that enables users to:

• Generate content using third-party artificial intelligence language models
• Publish content to connected social media platforms (LinkedIn, X/Twitter, Threads)
• Manage content workflows with team collaboration features
• Analyze writing samples to create voice profiles
• Analyze resumes or professional background information you choose to provide, to personalize content strategies (see our Privacy Policy for how this data is handled)
• Schedule and automate content publication
• Import and analyze social media analytics

The Service utilizes third-party AI providers including but not limited to Anthropic (Claude), Google (Gemini), OpenAI (GPT), Groq, and others. Your use of these features is subject to the respective terms and policies of these providers.

3. Account Registration and Security

• You must provide accurate, current, and complete information when creating an account
• You must be at least 18 years old or the age of legal majority in your jurisdiction
• You are solely responsible for maintaining the confidentiality and security of your account credentials
• You are solely responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• One person or entity may not maintain more than one account without our written consent
• You may not share, sell, or transfer your account to any third party
• We reserve the right to suspend or terminate accounts that violate these Terms

4. User Responsibilities and Conduct

**YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR:**

• All content you create, generate, upload, publish, or distribute using the Service
• Reviewing and verifying all AI-generated content before publication
• Ensuring your content complies with all applicable laws, regulations, and third-party rights
• Ensuring your content complies with the terms of service of connected social media platforms
• Obtaining all necessary rights, licenses, and permissions for content you use
• The accuracy, legality, and appropriateness of all content you publish
• Any consequences resulting from your use of the Service or publication of content

**WARNING:** AI-generated content may contain errors, inaccuracies, fabricated information ("hallucinations"), biased statements, or content that infringes third-party rights. You must independently verify all AI-generated content before use or publication.

5. Acceptable Use Policy

You agree NOT to use the Service to create, generate, store, transmit, or publish any content that:

• **Illegal Content:** Violates any local, state, national, or international law or regulation
• **Harmful Content:** Is threatening, abusive, harassing, defamatory, libelous, or invasive of privacy
• **Hateful Content:** Promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• **Violent Content:** Glorifies, incites, or promotes violence, terrorism, or self-harm
• **Sexual Content:** Contains pornography, sexually explicit material, or exploits minors in any way
• **Fraudulent Content:** Is deceptive, misleading, or constitutes phishing, scams, or fraud
• **Infringing Content:** Infringes any copyright, trademark, patent, trade secret, or other intellectual property rights
• **Pirated Content:** Promotes, facilitates, or enables copyright infringement, piracy, or unauthorized distribution of copyrighted materials
• **Impersonation:** Impersonates any person, entity, or falsely represents your affiliation
• **Misinformation:** Contains knowingly false information intended to deceive or manipulate
• **Spam:** Is unsolicited bulk content, automated posting, or commercial spam
• **Malware:** Contains viruses, malware, or other harmful code
• **Privacy Violations:** Contains personal information of others without their consent
• **Regulated Industries:** Promotes illegal drugs, weapons, gambling, or other heavily regulated products/services without proper licensing

You also agree NOT to:

• Use the Service for any form of coordinated inauthentic behavior or astroturfing
• Attempt to circumvent rate limits, usage limits, or security measures
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated systems (bots, scrapers) to access the Service without authorization
• Interfere with or disrupt the Service or servers connected to it
• Resell, sublicense, or commercially exploit the Service without authorization
• Use the Service to train competing AI models
• Use the Service to generate content for illegal purposes

6. AI-Generated Content Disclaimer

**CRITICAL AI DISCLAIMER:**

• AI language models are inherently imperfect and may produce inaccurate, incomplete, biased, or misleading content
• AI may "hallucinate" facts, citations, quotes, statistics, or other information that appears real but is fabricated
• AI-generated content may inadvertently infringe copyrights, trademarks, or other intellectual property rights
• AI output may contain biases present in training data
• AI cannot guarantee factual accuracy, legal compliance, or suitability for any particular purpose

**YOU ACKNOWLEDGE AND AGREE THAT:**

• You are solely responsible for reviewing, editing, and verifying all AI-generated content
• You will not publish AI-generated content without human review and approval
• We make no representations or warranties about the accuracy or reliability of AI output
• We are not liable for any errors, omissions, or inaccuracies in AI-generated content
• We are not liable for any damages arising from your use of AI-generated content
• AI providers may have their own terms governing content generation

7. Intellectual Property Rights

7.1 Your Content

• You retain ownership of original content you create or upload to the Service
• You grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display your content solely to provide the Service
• This license terminates when you delete your content or account, except for content already published to third-party platforms

7.2 AI-Generated Content

• Subject to applicable law and third-party AI provider terms, you own AI-generated content created through your use of the Service
• Ownership of AI-generated content may be subject to limitations under applicable law
• You are responsible for determining whether AI-generated content is protectable intellectual property
• AI-generated content may be similar to content generated for other users

7.3 Our Property

• The Service, including all software, designs, trademarks, and content owned by us, is our exclusive property
• These Terms do not grant you any rights to our intellectual property except as needed to use the Service

8. Social Media Integration

When you connect social media accounts (including but not limited to LinkedIn, X/Twitter, Threads, TikTok, Instagram, Facebook, YouTube, Pinterest, Bluesky, Mastodon, or any other current or future social media platform we may support):

8.1 Authorization and Consent

• You explicitly authorize us to publish content to those platforms on your behalf
• We will ONLY post content when you explicitly click "Publish" or schedule a post - we never post automatically without your direct action
• You can preview all content before publication
• You represent and warrant that you own or control the social media accounts you connect
• You represent that connecting your account does not violate any agreement with the platform

8.2 Data Access and Usage

• We request only the minimum permissions necessary to provide our services
• For LinkedIn: We access your profile info (name, ID) and request permission to post on your behalf
• For X/Twitter: We access your profile info and request tweet posting permissions
• For Threads: We access your profile info and request posting permissions
• We do NOT access your private messages, contact lists, or any data beyond what is disclosed
• We do NOT sell or share your social media data with third parties except as needed to provide the Service

8.3 Token Storage and Security

• OAuth access tokens are encrypted at rest using industry-standard AES-256 encryption
• Tokens are stored securely in our database and never exposed in logs or to other users
• We refresh tokens as needed according to platform requirements
• Tokens are deleted immediately and permanently when you disconnect an account

8.4 Disconnection and Data Deletion

• You can disconnect any social media account at any time via Settings
• Upon disconnection, we immediately delete your OAuth tokens
• Content drafts and scheduled posts for that platform will be cancelled
• Content already published to the platform remains there (you must delete it directly on the platform)
• Analytics data previously imported will be retained unless you request deletion

8.5 Platform Terms Compliance

You acknowledge and agree to comply with the terms of service of each connected platform. This includes but is not limited to:

• **LinkedIn:** [LinkedIn User Agreement](https://www.linkedin.com/legal/user-agreement) and [Professional Community Policies](https://www.linkedin.com/legal/professional-community-policies)
• **X/Twitter:** [X Terms of Service](https://twitter.com/en/tos) and [X Rules](https://help.twitter.com/en/rules-and-policies)
• **Threads:** [Threads Supplemental Terms](https://help.instagram.com/769983657850450) and Meta Community Standards
• **TikTok:** [TikTok Terms of Service](https://www.tiktok.com/legal/terms-of-service) and [Community Guidelines](https://www.tiktok.com/community-guidelines)
• **Instagram:** [Instagram Terms of Use](https://help.instagram.com/581066165581870) and Community Guidelines
• **Facebook:** [Facebook Terms of Service](https://www.facebook.com/terms.php) and Community Standards
• **YouTube:** [YouTube Terms of Service](https://www.youtube.com/t/terms) and Community Guidelines
• **Pinterest:** [Pinterest Terms of Service](https://policy.pinterest.com/terms-of-service)
• **Other Platforms:** The applicable terms of service, community guidelines, and developer policies of any other platform you connect

You are responsible for reviewing and complying with the current terms of each platform. Platform terms may change without notice to us, and you must stay informed of updates.

8.6 Prohibited Platform Activities

You agree NOT to use our Service to:

• Post spam or unsolicited promotional content
• Engage in coordinated inauthentic behavior or manipulation
• Violate platform rate limits or automation policies
• Circumvent platform restrictions or bans
• Post content that violates platform content policies
• Impersonate others or misrepresent your identity
• Engage in any activity that could result in platform enforcement action

8.7 Platform Actions and Liability

• Social media platforms may take action against your account for any reason at their discretion
• We are NOT responsible for any platform actions including suspension, termination, or content removal
• We are NOT responsible for changes to platform APIs that may affect Service functionality
• We are NOT responsible for platform outages, bugs, or changes to their terms
• You are solely responsible for any consequences of content you publish through our Service

9. Third-Party Authentication (Social Login)

You may sign in to Postmagiq using third-party authentication providers such as LinkedIn, X/Twitter, Threads, TikTok, Instagram, Facebook, Google, Apple, or other OAuth providers ("Social Login"). By using Social Login:

9.1 Authorization

• You authorize us to access certain information from your social media profile as permitted by that platform
• Information we receive typically includes: name, email, profile picture, and unique identifier
• We only request the minimum permissions necessary to authenticate you
• You can review and revoke permissions at any time through the respective platform's settings

9.2 Third-Party Terms

• Your use of Social Login is also governed by the respective platform's terms of service and privacy policy
• You must comply with both our Terms and the third-party platform's terms
• We are not responsible for the availability, security, or practices of third-party authentication providers
• If a third-party provider changes its API or policies, your ability to use Social Login may be affected

9.3 Account Linking

• You may link multiple social accounts to your Postmagiq account
• You are responsible for all activity that occurs under your linked accounts
• If you believe any linked account has been compromised, notify us immediately
• Unlinking a social account does not delete content already published to that platform

9.4 Disclaimer

• We are not responsible for any actions taken by third-party authentication providers
• We are not liable for account suspension or termination by third-party platforms
• Third-party platforms may share information with us according to their privacy policies
• We make no warranties about the availability or security of Social Login features

10. Subscription, Payments, and Billing

• Certain features require a paid subscription
• Subscription fees are billed in advance on a monthly or annual basis as selected
• All fees are non-refundable except as required by law or at our sole discretion
• Subscriptions automatically renew unless cancelled before the renewal date
• You authorize us to charge your payment method for all applicable fees
• You are responsible for providing accurate billing information
• We reserve the right to change pricing with 30 days' notice
• Usage exceeding your plan limits may incur additional charges (overages)
• Failure to pay may result in suspension or termination of your account

Payments are processed through Stripe. By using our payment features, you also agree to Stripe's terms of service.

11. Data Processing and Third-Party Services

To provide the Service, your content may be processed by third-party services including:

• **AI Providers:** Anthropic (Claude), Google (Gemini), OpenAI (GPT), Groq, and others
• **Social Media APIs:** LinkedIn, X/Twitter, Threads
• **Payment Processing:** Stripe
• **Analytics and Infrastructure:** Various cloud service providers

You acknowledge that your content will be transmitted to and processed by these third parties subject to their respective privacy policies and terms of service. While we contractually require our providers to protect your data, we cannot guarantee their compliance and are not liable for their actions or data practices.

12. Usage Monitoring and Telemetry

We collect usage data and telemetry to operate, improve, and protect the Service. This includes:

• Feature usage patterns and frequency
• AI model usage and costs
• Error logs and performance metrics
• Content workflow completion rates
• API usage statistics
• AI prompts and responses generated during workflow execution (used to improve content quality)
• User feedback provided during workflow review stages
• User edits to workflow-generated content (used to improve content quality and voice accuracy)

We use this data solely to improve the Service. We do not sell or share your workflow data with any third party.

By using the Service, you consent to this data collection as described in our Privacy Policy.

13. Disclaimer of Warranties

**THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.**

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR FREE OF ERRORS
• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
• WARRANTIES REGARDING THIRD-PARTY SERVICES OR INTEGRATIONS

YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT THAT AI-GENERATED CONTENT IS SUITABLE FOR ANY PARTICULAR PURPOSE OR THAT IT WILL NOT INFRINGE THIRD-PARTY RIGHTS.

14. Limitation of Liability

**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:**

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION
• WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM AI-GENERATED CONTENT
• WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR PUBLICATION OF CONTENT
• WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST YOU
• WE SHALL NOT BE LIABLE FOR ACTIONS TAKEN BY SOCIAL MEDIA PLATFORMS
• WE SHALL NOT BE LIABLE FOR DATA BREACHES AT THIRD-PARTY PROVIDERS

**OUR TOTAL AGGREGATE LIABILITY** for all claims arising from or relating to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

15. Indemnification

**You agree to indemnify, defend, and hold harmless** Butterknife LLC (d/b/a Postmagiq), its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Content you create, generate, upload, or publish using the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Claims that your content is defamatory, libelous, or harmful
• Claims arising from your social media activity through the Service
• Your negligent or wrongful conduct

16. Termination

16.1 Termination by You

You may terminate your account at any time by using the account deletion feature or contacting us. Termination does not entitle you to any refund of prepaid fees.

16.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Request by law enforcement or government agency
• Technical or security issues
• Discontinuation of the Service

16.3 Effect of Termination

• Your right to use the Service ceases immediately upon termination
• We may delete your account data after a reasonable retention period
• Content already published to third-party platforms remains on those platforms
• Provisions that by their nature should survive termination will survive

17. Dispute Resolution and Arbitration

**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.**

17.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve disputes informally by contacting us at support@postmagiq.com. We will attempt to resolve the dispute within 60 days.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

17.3 Class Action Waiver

**YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.**

17.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or to prevent irreparable harm.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date
• Sending email notification for material changes
• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

20. General Provisions

• **Entire Agreement:** These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and us.
• **Severability:** If any provision is found unenforceable, the remaining provisions remain in full effect.
• **Waiver:** Our failure to enforce any right does not waive that right.
• **Assignment:** You may not assign these Terms without our consent. We may assign freely.
• **No Agency:** Nothing creates an agency, partnership, or joint venture relationship.
• **Force Majeure:** We are not liable for delays or failures due to circumstances beyond our reasonable control.
• **Notices:** We may send notices via email to your registered address. You are responsible for keeping your email current.

21. Contact Information

For questions about these Terms of Service, please contact us at:

**Butterknife LLC (d/b/a Postmagiq)** Email: [info@postmagiq.com](mailto:info@postmagiq.com) Support: [support@postmagiq.com](mailto:support@postmagiq.com)