PostingCat Terms and Conditions

1. Legal Notice and Owner's Identification

In compliance with Law 34/2002 on Information Society Services, below are the identification details of the owner of PostingCat:

Company Name: PostingCat
Email: [email protected]

2. Purpose and Scope

These Terms regulate your access, navigation, and use of the Service. Use of the Service indicates your full acceptance of these Terms. If you do not agree to these Terms, please cease using the Service immediately.

3. Acceptance and Eligibility

Binding Agreement: By using the Service, you acknowledge that you have read, understood, and agreed to these Terms in full.

Eligibility: You must be at least 18 years old and comply with all applicable laws. If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

3.1 Account Registration and Email Requirements

• Accurate Information: You agree to provide true, current, and complete information during registration and to keep it updated.
• Email Requirements: The use of disposable, temporary, throwaway, or otherwise short‑lived email addresses to register or maintain an account is strictly prohibited.
• Enforcement: Accounts created with or later associated with disposable or temporary email addresses may be suspended or permanently deleted, with or without notice, at PostingCat's sole discretion.
• Email Verification: We may require email verification or re‑verification at any time. If your email bounces, is inoperable, or cannot be verified, we may suspend or delete your account.

4. Payment, Subscription, and Refunds

4.1 Subscription and Billing

• PostingCat offers one free tier and multiple paid subscription plans (monthly and annual).
• Automatic Renewal: Subscriptions renew automatically on the same terms until canceled by you via your account settings or by contacting our support.
• Billing: Subscriptions are processed via Stripe. You are required to provide accurate and complete billing details.

4.2 Refund Policy

• No General Refunds: PostingCat does not ordinarily provide refunds. In the event of requesting a refund, PostingCat may, at its sole discretion, authorize a refund.
• Dispute Resolution for Charges: Any payment-related disputes will be addressed according to the dispute resolution provisions set forth in these Terms.

If you believe you have been billed in error, please contact us first at [email protected] within seven (7) days of the charge. We will review your request in good faith and may issue a full or partial refund at our sole discretion.

You understand that initiating a payment dispute (chargeback) through your bank or payment processor without first contacting us may delay the resolution of your request and could result in the temporary suspension of your account while the dispute is investigated.

4.3 Price and Functionality Modifications

• PostingCat reserves the right to modify subscription fees, features, and plan limitations.
• Notification: Material changes (including price changes) will be communicated via the email associated with your account, allowing you a reasonable opportunity to cancel your subscription before the modifications take effect.

We may modify subscription fees, features, and plan limitations. Material changes will be communicated via the email on file, giving you reasonable time to cancel before they take effect.

4.4 Changes to Free and Promotional Plans

We may modify, limit, or discontinue any feature of a free plan or promotional offer (including posting limits) for business, security, or third-party API reasons. Unless an immediate change is required to prevent abuse, comply with law, or address a material risk, we will provide reasonable advance notice via the email on file.

At our sole discretion, we may allow existing free-plan or promotional accounts to retain certain features after a change.

5. User Conduct and Prohibited Content

5.1 User-Provided Content

• User Responsibility: You are solely responsible for all content you upload or transmit via the Service ("User Content"). You represent that you have all necessary rights to submit such content.
• License Grant: By submitting User Content, you grant PostingCat a worldwide, non-exclusive, royalty-free license to store, display, reproduce, and distribute your content solely for operating the Service.
• Prohibited Content: You agree not to upload or transmit any content that is illegal, infringing, defamatory, abusive, or otherwise objectionable. You accept full responsibility for any content you post, and any violation may result in the immediate suspension or termination of your account.

5.2 Enforcement Measures

PostingCat reserves the right, at its sole discretion, to remove, edit, or block access to User Content that violates these Terms—either after providing notice or immediately, if necessary.

Illegal or Harmful Content: PostingCat may suspend or terminate your account immediately if you transmit content that, in our judgment, is illegal or poses a risk of harm. Notice of termination may be sent to your registered email address.

5.3 Fair-Use Policy

"Unlimited posting" means a level of use that, in our reasonable judgment, does not disrupt the Service for others or violate third-party rate limits.

We may throttle, restrict, or suspend accounts that (a) trigger external API limits, (b) generate high volumes of repetitive content, or (c) otherwise threaten Service stability.

Certain social networks or integrations impose hard daily/monthly caps. Those caps apply to free and promotional plans unless and until higher quotas are obtained.

5.4 User Content Liability and Hold Harmless

No Responsibility for User Content: To the fullest extent permitted by law, PostingCat is not responsible or liable for any User Content, including its legality, accuracy, or compliance with third‑party rights.

Indemnification: You agree to defend, indemnify, and hold harmless PostingCat and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third‑party rights.

5.5 Illegal Content and Use Prohibited

Strict Prohibition: You must not upload, generate, post, or transmit any illegal content or use the Service for any illegal purpose under any applicable law or regulation.

Immediate Action: PostingCat may remove such content and immediately suspend or terminate accounts involved in illegal activity, at our sole discretion and without prior notice.

5.6 Third‑Party Platform Compliance

You must comply with the terms, policies, and technical limitations of any third‑party platform connected to the Service (e.g., social networks, APIs). You must not circumvent rate limits, automate actions in a manner that violates platform rules, or engage in spam or abuse.

5.7 Impersonation and Abuse

You must not impersonate individuals or organizations, operate multiple accounts to evade limits or enforcement, scrape or access the Service or third‑party platforms without authorization, or attempt to bypass security or technical protections.

5.8 Moderation and Monitoring

PostingCat may, but is not obligated to, monitor activity and content (including via automated tools) and may remove content or restrict access without notice. PostingCat is not liable for any failure to monitor or remove content.

5.9 AI‑Generated Content

Features that generate content using AI may produce inaccurate or incomplete outputs. You are solely responsible for reviewing AI outputs and ensuring compliance with applicable laws, third‑party rights, and platform policies before use.

5.10 API and Public Endpoints; Rate Limits

• Rate Limits and Quotas: Our APIs and public endpoints may be subject to per‑second, per‑minute, hourly, and/or daily limits. When limits are exceeded, the Service may return HTTP 429 or other error codes. Quotas may vary by plan and may be modified at any time.
• Backoff and Retries: You must implement reasonable retry policies (e.g., exponential backoff with jitter) and must not saturate endpoints with aggressive or concurrent retries.
• Concurrency and Pagination: You agree to respect documented or announced concurrency and pagination constraints and to avoid patterns that degrade Service stability.
• API Keys and Security: API credentials are account‑bound and confidential. Do not share, embed in client‑side code, or expose keys publicly. You are responsible for all activity under your keys. If compromised, you must immediately rotate keys and notify PostingCat; we may revoke and re‑issue keys at our discretion.
• Prohibited Uses: You must not circumvent or attempt to circumvent rate limits or quotas (including via multiple accounts, key rotation, IP rotation, or proxies), resell or redistribute API access, operate an intermediary or proxy service to mask usage, scrape endpoints in violation of these Terms, or publish benchmarks without prior written permission.
• Enforcement: We may throttle, revoke keys, block IPs or ranges, restrict functionality, and/or suspend or terminate accounts to protect the Service. No refunds are issued for enforcement actions related to violations of this section.

6. Third‑Party Services and Integrations

6.1 Use of Third‑Party Providers

The Service integrates with external providers (e.g., Render for hosting, Cloudflare for media storage, AI services such as OpenAI or others).

Disclaimer of Liability: PostingCat is not liable for any errors, interruptions, or issues arising from the performance or behavior of any third‑party services.

Future Integrations: This provision extends to any future third‑party integrations or services that PostingCat incorporates.

6.2 Links and External Content

The Service may contain links to third‑party websites. PostingCat does not control or endorse these sites and is not responsible for their content, privacy practices, or any damages arising from your use of them.

6.3 Third-Party Enforcement

You acknowledge that third-party social networks maintain their own community standards and may suspend or remove your content or account without notice. PostingCat is not responsible for, and will not refund or indemnify you for, any loss resulting from such enforcement actions.

7. Termination and Suspension

7.1 Termination Rights

PostingCat may terminate or suspend your access to the Service immediately, with or without prior notice, for any reason including, but not limited to, violation of these Terms or the uploading of prohibited content.

Procedure: In cases where advance notice is deemed appropriate, termination will be communicated via the email address registered with your account.

7.2 Effects of Termination

• Upon termination, your right to use the Service ceases immediately, and you must discontinue all use of the Service.
• You remain responsible for any outstanding fees incurred up to the date of termination.
• No Refunds for Violations: Fees paid are non‑refundable if your account is suspended or terminated for violation of these Terms, including intellectual property infringement or abusive conduct.

7.3 Community Standards and Ethics

Without limiting the foregoing, PostingCat may, at its sole discretion, indefinitely suspend or permanently delete accounts that, in our judgment, violate good practices or ethical standards of the community, or otherwise breach these Terms—even if such conduct is not explicitly enumerated elsewhere in these Terms.

8. Open Source and Third-Party Materials

8.1 Use of Open Source and Third-Party Materials

The PostingCat Service may incorporate various components, libraries, frameworks, modules, plugins, and other materials provided under open source or third‑party licenses. Only those versions released under permissive terms- granting the right to modify and use without an obligation to publicly disclose derivative works - have been incorporated. Any subsequent changes in the licensing of these materials by their original providers do not affect the versions in use by PostingCat. Accordingly, PostingCat shall not be liable for any claims arising from the licensing terms of these materials.

8.2 Intellectual Property; Notice and Takedown

If you believe content accessible via the Service infringes your intellectual property rights, please send a notice to [email protected] identifying the work claimed to be infringed, the allegedly infringing material (with sufficient detail to locate it), your contact information, and a statement that you have a good‑faith belief the use is not authorized.

PostingCat may remove or disable access to the reported material and, where appropriate, may suspend or terminate accounts under a repeat‑infringer policy. If you believe material was removed in error, you may submit a counter‑notice with sufficient detail for review.

9. Data Protection and Privacy

PostingCat collects and processes personal data as described in our Privacy Policy.

Privacy Policy: The Privacy Policy is hereby incorporated by reference and explains how PostingCat collects, uses, and protects your personal data.

9.1 Data Retention and Legal Requests

Consistent with our Privacy Policy and applicable law, we may retain logs and account information as reasonably necessary to operate the Service, enforce these Terms, resolve disputes, and comply with legal obligations. We may preserve and disclose information if we believe in good faith that it is reasonably necessary to comply with law, regulation, legal process, or governmental request.

10. Dispute Resolution and Governing Law

10.1 Amicable Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good‑faith negotiations.

10.2 Arbitration (Optional Alternative Dispute Resolution)

Binding Arbitration: If a dispute cannot be resolved amicably, you and PostingCat may agree to submit to binding arbitration. If either party opts not to arbitrate, disputes shall be resolved in the courts as specified in Section 10.3.

No Class Actions: Claims must be brought individually and not as part of any class action.

10.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Spain. Any disputes not resolved through arbitration shall be subject to the exclusive jurisdiction of the courts in Barcelona, Spain.

11. Disclaimer of Warranties and Limitation of Liability

11.1 Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind—express or implied. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.

PostingCat does not guarantee uninterrupted or error‑free service, nor that any defects or errors will be corrected.

11.2 Limitation of Liability

To the fullest extent permitted by law, PostingCat shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Service.

Aggregate Liability: In any event, our aggregate liability for all claims arising from these Terms is limited to the greater of (a) the amount you paid for the Service during the 12 months preceding the incident, or (b) €100.

12. Modifications to the Service and Terms

12.1 Changes to the Service

PostingCat reserves the right to modify, suspend, or discontinue any part of the Service, including features, subscription plans, or pricing, at any time.

12.2 Notice of Changes

Material changes to these Terms or to subscription fees will be communicated via the email associated with your account. Continued use of the Service after such changes constitutes acceptance of the updated Terms.

13. General Provisions

Entire Agreement: These Terms, along with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and PostingCat regarding the Service.

No Waiver and Severability: A failure by PostingCat to enforce any provision of these Terms shall not constitute a waiver of that provision or any other. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Assignment: PostingCat reserves the right to assign these Terms or any rights granted herein without notice.

Communication: Important communications or notices under these Terms may be sent via email to the email address associated with your account.

13.1 Force Majeure

PostingCat will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, labor disputes, internet failures, third‑party outages, governmental actions, or other force‑majeure events.

13.2 Survival

Upon termination, the following provisions survive: ownership provisions, indemnification, warranty disclaimers, limitations of liability, governing law, dispute resolution, and any provisions which by their nature should survive.

13.3 Export Controls and Sanctions

You represent that you are not located in, under the control of, or a resident or national of any country or person subject to applicable trade sanctions or embargoes. You agree not to use the Service in violation of export control or sanctions laws.

14. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Email: [email protected]
Address: Calle Llull, 321, 08019, Barcelona, Spain