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.

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.

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.

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.

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.

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.

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