Terms of Service

Welcome to PowerPost. These Terms of Service ("Terms") govern your access to and use of the PowerPost platform, including our website, applications, and AI-powered content generation services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

PowerPost is operated by PowerPost ("Company," "we," "us," or "our"). Please read these Terms carefully before using our Service. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

For the purposes of these Terms:

• "Account" means the unique account created for you to access our Service.
• "Content" means any text, descriptions, prompts, or other materials you submit to the Service.
• "Credits" means the units of usage allocated to your Account for generating content.
• "Generated Content" means any output produced by the Service using AI technology based on your Content.
• "Subscription" means a recurring paid plan that provides access to the Service and monthly Credits.
• "User," "you," or "your" refers to the individual or entity accessing the Service.

2. Eligibility and Account Registration

2.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into a binding agreement;
• Not be prohibited from using the Service under applicable laws.

2.2 Account Creation

To access certain features of the Service, you must create an Account. You may register using your email address or through third-party authentication providers (Google, Apple, or Facebook). You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your Account information;
• Keep your Account credentials secure and confidential;
• Accept responsibility for all activities that occur under your Account;
• Notify us immediately of any unauthorized use of your Account.

2.3 One Account Per Person

Each individual may maintain only one Account. Creating multiple Accounts to circumvent usage limits, abuse promotional offers, or violate these Terms is prohibited and may result in termination of all associated Accounts.

3. Service Description

3.1 Overview

PowerPost is an AI-powered content generation platform designed to help users create optimized social media content. The Service uses artificial intelligence to research topics, generate hashtags, and create platform-specific content for social media platforms including Instagram, TikTok, X (formerly Twitter), and YouTube.

3.2 Features

The Service may include, but is not limited to:

• Topic research and analysis using AI;
• Hashtag generation optimized for each platform;
• Content creation with customizable tone and style;
• Platform-specific content formatting;
• Generation history and content management.

3.3 Service Availability

We strive to maintain high availability of the Service, but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

4. AI-Generated Content

This section contains important information about the nature and limitations of AI-generated content. Please read carefully.

4.1 Nature of AI Output

The Service uses third-party artificial intelligence models to generate content based on your input. You acknowledge and agree that:

• Generated Content is produced by AI systems and may contain errors, inaccuracies, or outdated information;
• AI may produce content that is biased, inappropriate, or factually incorrect ("hallucinations");
• Generated Content is provided as suggestions only and requires human review before use;
• We do not guarantee any specific results, engagement rates, or performance metrics.

4.2 Your Responsibility

You are solely responsible for:

• Reviewing and editing all Generated Content before publishing or using it;
• Verifying the accuracy, appropriateness, and legality of Generated Content;
• Ensuring Generated Content complies with applicable platform terms of service;
• Any consequences resulting from your use or publication of Generated Content;
• Obtaining any necessary rights, permissions, or licenses for your use of Generated Content.

4.3 No Copyright Guarantee

Under current intellectual property law, works generated solely by artificial intelligence may not be eligible for copyright protection. You acknowledge that:

• We make no representations regarding the copyrightability of Generated Content;
• You use Generated Content at your own risk regarding intellectual property claims;
• Generated Content may be similar to content generated for other users;
• We do not guarantee that Generated Content does not infringe third-party rights.

4.4 AI Model Changes

We may update, modify, or replace the AI models used by the Service at any time without notice. Such changes may affect the quality, style, or characteristics of Generated Content.

5. Subscription Plans and Credits

5.1 Subscription Plans

We offer the following subscription plans:

• Starter Plan: 300 monthly Credits with standard support and access to all features.
• Creator Plan: 700 monthly Credits with priority support and access to all features.
• Enterprise Plan: Custom solutions with unlimited Credits, dedicated support, and custom integrations. Contact us for details.

Plan features and Credit allocations are subject to change. Current pricing is available on our pricing page.

5.2 Credit System

Credits are consumed when you generate content. The Credit cost varies based on the type of generation:

• Regular research mode and content generation consume varying amounts of Credits;
• Deep research mode consumes additional Credits;
• Hashtag research consumes Credits per platform selected.

The estimated Credit cost is displayed before each generation.

5.3 Credit Policies

• Expiration: Unused Credits expire at the end of each billing cycle and do not roll over to the next period, unless otherwise specified.
• Non-Transferable: Credits cannot be transferred between Accounts or exchanged for cash.
• Failed Generations: If a generation fails due to a system error, Credits are automatically refunded to your Account.
• Renewal: Credits are automatically replenished at the start of each billing cycle.

6. Payment Terms

6.1 Payment Processing

All payments are processed through our payment partner, Paddle. By subscribing to the Service, you agree to Paddle's Terms of Service and Privacy Policy. Paddle acts as the Merchant of Record for all transactions.

6.2 Billing

• Subscriptions are billed on a monthly recurring basis;
• Billing occurs on the same day each month (your "billing date");
• All prices are displayed in your local currency where available;
• Applicable taxes will be added to your subscription price.

6.3 Automatic Renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel before your next billing date. You authorize us to charge your payment method on file for each renewal period.

6.4 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice before any price increase takes effect. Your continued use of the Service after the price change constitutes acceptance of the new pricing.

6.5 Failed Payments

If a payment fails, we may retry the charge, suspend your access to the Service, or downgrade your Account. You are responsible for maintaining valid payment information.

7. Refund and Cancellation Policy

7.1 Cancellation

You may cancel your Subscription at any time through your Account settings. Upon cancellation:

• Your Subscription will remain active until the end of your current billing period;
• You will retain access to the Service until your billing period ends;
• No further charges will be made after your current billing period.

7.2 Refund Policy

Our refund policy is as follows:

• First-Time Subscribers: If you are dissatisfied with the Service within the first 14 days of your initial subscription, you may request a refund by contacting us at hello@powerpost.ai. If you have used any credits, the refund will be prorated based on your usage, with the value of consumed credits deducted from the refund amount.
• Used Credits: Credits that have been consumed for content generation are non-refundable and will be deducted from any refund amount.
• Unused Subscription Period: We do not provide prorated refunds for unused portions of a billing period after the 14-day refund window.
• Failed Generations: Credits are automatically refunded if a generation fails due to our system error.

For full details, see our Refund Policy.

7.3 Exceptional Circumstances

We may, at our sole discretion, provide refunds or Credits in exceptional circumstances, such as extended service outages or billing errors. To request consideration, contact our support team.

8. Acceptable Use Policy

8.1 Prohibited Uses

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Create content that infringes on intellectual property rights of others;
• Generate spam, misleading content, or content designed to deceive;
• Impersonate any person or entity or misrepresent your affiliation;
• Create content promoting violence, discrimination, or hatred;
• Generate content related to illegal activities, including but not limited to fraud, drug trafficking, or terrorism;
• Create sexually explicit or exploitative content;
• Violate any applicable laws, regulations, or third-party rights;
• Violate the terms of service of social media platforms where you intend to use the Generated Content.

8.2 Technical Restrictions

You agree not to:

• Access the Service through automated means (bots, scrapers, etc.) without our written permission;
• Attempt to circumvent usage limits, rate limits, or security measures;
• Reverse engineer, decompile, or disassemble any aspect of the Service;
• Interfere with or disrupt the Service or servers;
• Resell, sublicense, or redistribute the Service or Credits;
• Share Account credentials or allow others to use your Account.

8.3 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy and take appropriate action, including suspending or terminating your Account, reporting violations to law enforcement, and pursuing legal remedies.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, and branding, is owned by PowerPost and protected by intellectual property laws. This includes but is not limited to:

• The PowerPost name, logo, and trademarks;
• The platform's user interface, design, and functionality;
• Our proprietary algorithms, methods, and processes;
• All documentation and marketing materials.

9.2 License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

9.3 Generated Content Ownership

Subject to Section 4.3 (No Copyright Guarantee), we grant you a non-exclusive license to use Generated Content for any lawful purpose. You acknowledge that:

• We retain no ownership claims over Generated Content based on your unique inputs;
• Similar content may be generated for other users;
• We may use anonymized, aggregated data about usage patterns to improve the Service.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

10. User Content and Data

10.1 Your Content

You retain ownership of any Content you submit to the Service (such as topic descriptions, custom CTAs, and preferences). By submitting Content, you grant us a limited license to process your Content solely for the purpose of providing the Service.

10.2 Data We Collect

We collect and process the following types of data:

• Account information (email, authentication provider);
• Content descriptions and generation preferences;
• Platform selections and tone preferences;
• Generation history and outputs;
• Usage data and Credit transactions;
• Technical data (IP address for rate limiting, device information).

10.3 Data Storage and Security

Your data is stored using industry-standard security measures. We use encryption in transit and at rest, and implement access controls to protect your information. Your generation history is stored securely and associated only with your Account.

10.4 AI Training

We do not use your Content or Generated Content to train AI models. Your data is used solely for providing the Service to you.

11. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the California Consumer Privacy Act (CCPA) for California residents. You have rights regarding your personal data, including the right to access, correct, delete, and port your data.

12. Third-Party Services

12.1 Third-Party Integrations

The Service integrates with and relies upon third-party services, including:

• Paddle: Payment processing and subscription management
• Supabase: Authentication and data storage
• AI Service Providers: OpenAI, Perplexity, and other AI platforms for content generation
• Authentication Providers: Google, Apple, and Facebook for social login

12.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, policies, or content of third-party services.

12.3 Social Media Platforms

Generated Content is intended for use on social media platforms. You are solely responsible for ensuring that your use of Generated Content complies with the terms of service of each platform where you publish content. We are not affiliated with and do not endorse any social media platform.

13. Disclaimers and Limitation of Liability

13.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF GENERATED CONTENT;
• WARRANTIES THAT GENERATED CONTENT WILL ACHIEVE ANY PARTICULAR RESULTS, ENGAGEMENT, OR PERFORMANCE;
• WARRANTIES THAT GENERATED CONTENT DOES NOT INFRINGE THIRD-PARTY RIGHTS.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWERPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;
• ANY DAMAGES ARISING FROM GENERATED CONTENT, INCLUDING CLAIMS OF INFRINGEMENT;
• ANY ACTIONS TAKEN BY SOCIAL MEDIA PLATFORMS IN RESPONSE TO YOUR CONTENT;
• ANY FAILURE OR UNAVAILABILITY OF THIRD-PARTY AI SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk and form an essential basis of the bargain between us.

14. Indemnification

You agree to indemnify, defend, and hold harmless PowerPost and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service;
• Your Content or Generated Content;
• Your violation of these Terms;
• Your violation of any applicable law or third-party rights;
• Any claim that your use of Generated Content infringes intellectual property rights;
• Any content you publish using Generated Content.

15. Termination

15.1 Termination by You

You may terminate your Account at any time by canceling your Subscription and deleting your Account through your Account settings, or by contacting us at hello@powerpost.ai.

15.2 Termination by Us

We may terminate or suspend your Account and access to the Service immediately, without prior notice, if:

• You breach these Terms or our Acceptable Use Policy;
• You fail to pay applicable fees;
• Your use of the Service poses a security risk or may harm other users;
• We are required to do so by law;
• We discontinue the Service.

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease;
• Any unused Credits will be forfeited;
• Your data will be deleted in accordance with our data retention policies;
• Provisions that by their nature should survive termination will remain in effect.

15.4 Data Export

Before Account termination, you may export your generation history and data. We recommend downloading any data you wish to retain before closing your Account.

16. Changes to Terms

We may modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we will provide notice through the Service or by email to the address associated with your Account.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your Subscription.

17. Governing Law and Dispute Resolution

17.1 Governing Law

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

17.2 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at hello@powerpost.ai and attempt to resolve the dispute informally for at least 30 days.

17.3 Arbitration

Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AND POWERPOST 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.

17.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and PowerPost regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.6 Headings

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

19. Contact Information

If you have any questions about these Terms, please contact us: