Terms of Service

1. Our Services

The Services provide tools to help users create, manage, schedule, and publish content to third-party platforms (for example, social media platforms) and related features. The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or would subject us to any registration requirement. Users who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, GLBA, FISMA). You may not use the Services in a way that would violate applicable laws or regulations.

2. Intellectual Property Rights

Our intellectual property

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, text, graphics, and other materials (collectively, "Content"), as well as trademarks, service marks, and logos ("Marks"). Content and Marks are protected by applicable intellectual property laws.

License to you

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

Except as expressly permitted, you may not copy, reproduce, distribute, sell, license, reverse engineer, or exploit any portion of the Services, Content, or Marks without our prior written consent.

Feedback

If you send suggestions, ideas, or feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose, without compensation to you. Feedback does not include your User Content (defined below).

3. User Representations

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You have the legal capacity and you agree to comply with these Legal Terms.
• You are at least 18 years old.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

4. User Registration

You may be required to register for an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to promptly notify us of any unauthorized use of your account.

5. Purchases, Subscriptions, and Payment

If you purchase access to paid features, you agree to pay the fees shown at checkout. Payments may be processed by a third-party processor (e.g., Stripe), and you agree to their terms.

Billing & renewals. If you purchase a subscription, it may renew automatically unless you cancel before the renewal date. You can cancel in your account settings (if available) or by contacting us at [email protected].

Refunds. Unless otherwise stated at checkout or required by law, payments are non-refundable. We may, at our discretion, provide credits or refunds in exceptional cases.

Price changes. We may change pricing from time to time. If a price change affects your subscription, we will provide notice and the change will apply starting from your next renewal unless otherwise stated.

Currency. All payments shall be in CAD.

Payment methods. We accept major credit/debit cards via Stripe.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those we specifically endorse or approve.

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
• Use the Services to violate the terms or policies of any third-party platform (including TikTok).
• Upload, publish, or schedule content that infringes copyrights, trademarks, or other rights.
• Use the Services to spam, manipulate engagement, or run deceptive campaigns (including impersonation).
• Upload personal data of others without lawful basis or consent.

7. User Content

User Content means any text, images, videos, audio, templates, prompts, captions, metadata, or other materials you upload, submit, or transmit through the Services, including content you request us to publish to third-party platforms. You retain ownership of your User Content. You are solely responsible for your User Content and represent and warrant that it meets the warranties below.

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights of any third party.
• You have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users to use your User Content as contemplated.
• You have the written consent, release, and/or permission of each identifiable individual person in your User Content to use their name or likeness.
• Your User Content is not false, inaccurate, or misleading.
• Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
• Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your User Content is not used to harass or threaten any other person and does not promote violence.
• Your User Content does not violate any applicable law, regulation, or rule.
• Your User Content does not violate the privacy or publicity rights of any third party.
• Your User Content does not violate any law concerning child pornography or intended to protect the health or well-being of minors.
• Your User Content does not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
• Your User Content does not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
• Your User Content complies with third-party platform policies (including TikTok rules).

8. License to Operate the Services

To provide the Services, you grant us a limited, non-exclusive, worldwide license to host, store, reproduce, modify (solely to format/resize/encode), and use your User Content only as necessary to operate, maintain, and provide the Services; publish/schedule content to connected third-party platforms at your direction; and improve and secure the Services.

This license ends when you delete your User Content or account, except where we must retain certain data for legal, security, fraud-prevention, or backup purposes.

9. Third-Party Platforms (including TikTok)

The Services may allow you to connect accounts on third-party platforms (including TikTok) ("Third-Party Platforms"). By connecting a Third-Party Platform, you authorize us to access and use your connected account and related data as needed to provide the Services.

You are responsible for complying with the Third-Party Platform’s terms, policies, and community guidelines. We are not affiliated with, endorsed by, or sponsored by TikTok. Third-Party Platforms may change, limit, suspend, or discontinue access to their APIs or your account at any time. We do not guarantee that any content will be successfully published, remain available, or achieve any particular results.

10. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not monitored by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply approval or endorsement by us.

If you choose to leave the Services and access Third-Party Websites or use Third-Party Content, you do so at your own risk and should review applicable terms and privacy policies. Purchases through Third-Party Websites are solely between you and the third party. We do not endorse products or services offered on Third-Party Websites and are not liable for losses or harm resulting from Third-Party Content or Websites.

11. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action, including reporting to law enforcement; refuse, restrict, limit, or disable any of your Contributions; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and ensure proper functioning.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.postwaffle.com/privacy-policy. By using the Services, you agree that the Privacy Policy is incorporated into these Legal Terms. The Services are hosted in Canada; by using them from another region, you consent to your data being transferred to and processed in Canada.

13. Copyright Infringements

To report alleged copyright infringement, email [email protected] with: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good-faith belief; a statement under penalty of perjury; and your signature (typed is fine).

14. Term and Termination

These Legal Terms remain in full force while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING.

If your account is terminated or suspended, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We may change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information. We will not be liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice. You agree we have no liability for any loss or inconvenience caused by your inability to access or use the Services during downtime or discontinuance.

16. Governing Law

These Legal Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree that any dispute not subject to arbitration will be brought exclusively in the courts located in Ontario, Canada.

17. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct errors and to change or update information on the Services at any time, without prior notice.

18. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY CONTENT OF WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, TRANSMISSION INTERRUPTIONS, MALICIOUS CODE, OR ANY LOSS OR DAMAGE RESULTING FROM USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.

19. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your User Content; (2) use of the Services; (3) breach of these Legal Terms; (4) breach of your representations and warranties; (5) violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We may assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

21. User Data

We maintain certain data you transmit to the Services for managing performance, as well as data relating to your use. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to activity undertaken using the Services. You agree we have no liability for any loss or corruption of such data and waive any right of action against us arising from such loss or corruption.

22. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically via email and on the Services satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive any rights or requirements under any laws that require an original signature or non-electronic records, or to payments or credits by non-electronic means.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree these Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing.

25. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

PostWaffle

Email: [email protected]