Terms of Service

Initial Release
21 May, 2024

Welcome to Postwhale (“Postwhale,” “we,” “our,” or “us”). We provide an AI-driven SaaS platform that researches, writes, and generates SEO content for Webflow, accessible at https://www.postwhale.com (the “Site”).

By creating an account, integrating your Webflow API key, or otherwise using any services provided by Postwhale (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of the following Terms, you may not use or access the Service.
Please read these Terms carefully. They affect your legal rights, including an agreement to resolve any disputes that may arise between us in a specific manner.

1. Acceptance of Terms
By registering for and/or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any other policies referenced herein, including our Privacy Policy.

If you do not agree to these Terms or any updates, you must discontinue using the Service immediately.

2. Description of the Service
Postwhale is an AI agent SaaS platform that assists users in researching and generating SEO-optimized content.
Through integrations with Webflow, the platform can publish or update articles/posts on a user’s Webflow site.
By connecting your Webflow API key to Postwhale, you allow the Service to interact with your Webflow projects for the purpose of creating, managing, and publishing content.

3. Eligibility and Account Registration
Eligibility
You must be at least 18 years old to register for an account and use the Service.
By using the Service, you represent and warrant that you meet all eligibility requirements outlined in these Terms.
Account Registration
To access certain features, you must register for an account by providing accurate and complete information.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Security
You agree to promptly notify Postwhale of any unauthorized use of your account or any other breach of security.
Postwhale will not be liable for any loss or damage resulting from your failure to comply with this security obligation.

4. Integrations and API Key Usage
Webflow Integration
The Service requires integration with your Webflow account via your Webflow API key.
By providing your API key, you grant Postwhale the limited right to use this key solely to perform the Service.
User Responsibility
You are responsible for securing and protecting your Webflow API key.
If you suspect any unauthorized access or use of your API key, you must notify Postwhale immediately.
Limited License
By providing the API key, you grant Postwhale a limited, non-exclusive, and revocable license to use the key to perform the Service.
Postwhale does not claim ownership of your Webflow content.

5. Plans, Fees, and Payment
Free Plan
Postwhale offers a free plan with limited features, as described on the Site.
Business Plan
Postwhale offers a Business Plan priced at $139 per month, which includes unlimited content generation.
The specifics of plan features are available on the Site and may be updated from time to time.
Payment Processing
All payments are processed through PayPal.
By subscribing to a paid plan, you agree to PayPal’s terms and conditions in addition to these Terms.
Billing Cycle
Business Plan subscribers will be billed monthly in advance on a recurring basis.
If payment fails or cannot be processed, Postwhale may suspend or terminate your access to the paid features until payment is successfully processed.

6. Refund and Money-Back Guarantee
General Policy
Postwhale does not offer refunds for its paid subscriptions or Services once payment is made.
Money-Back Guarantee
If you have subscribed to the Business Plan and have not experienced an organic traffic boost after one year of continuous subscription or after using Postwhale to generate 1,000 SEO posts (whichever comes first), Postwhale guarantees a money-back offer.
To claim this money-back guarantee:
You must provide evidence of the lack of organic traffic boost via Google Search Console or an equivalent analytics tool.
You must notify Postwhale in writing (email or support ticket) within 30 days after meeting the one-year or 1,000 SEO posts threshold.
Postwhale will review your claim and issue a refund if eligibility criteria are met.

7. Intellectual Property
Ownership
All content, code, and other intellectual property (collectively, “Materials”) used by Postwhale in connection with the Service is owned by or licensed to Postwhale.
Subject to these Terms, Postwhale grants you a limited, non-exclusive, non-transferable license to use the Service for your personal or internal business purposes.
User Content
By posting or generating content through the Service (including content you integrate with Webflow), you represent and warrant that:
You have all rights necessary to do so.
The content does not infringe or violate any third-party rights.

8. Disclaimers and Limitations of Liability
Disclaimers
Postwhale provides the Service on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied.
We make no warranty that:
The Service will be uninterrupted, timely, secure, or error-free.
The content generated will meet your specific requirements or expectations.
Any results obtained from using the Service will be accurate or reliable.
Limitation of Liability
To the fullest extent permitted by law, Postwhale and its affiliates shall not be liable for any:
Indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, or data.
Any claims exceeding the amount paid for the Service in the 12 months preceding the event giving rise to the claim.

9. Indemnification
You agree to defend, indemnify, and hold harmless Postwhale from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of:
Your use of the Service.
Any content you submit or generate through the Service.
Your violation of these Terms.
Your violation of any laws, rules, or regulations.

10. Termination
Termination by You
You may cancel your account at any time.
If you cancel, any applicable subscription fees for that billing cycle remain due, and no refunds will be issued (except as per the Money-Back Guarantee).
Termination by Postwhale
Postwhale may suspend or terminate your access to the Service at any time if you violate these Terms or for business reasons.

11. Modifications to the Service and Terms
Postwhale reserves the right to modify or discontinue the Service at any time.
We may also update these Terms, and your continued use of the Service after any changes indicates your acceptance of the new Terms.

12. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the jurisdiction where Postwhale is organized.
Any disputes shall be resolved in accordance with the dispute resolution process described on the Site.

13. Contact Us
For any questions regarding these Terms, please contact us at:
📧 Email: support@postwhale.com

Privacy Policy

Initial Release
May, 2024
1. Information We Collect
Personal Information
When you register for an account or subscribe to our paid plans, we may collect the following personal information:
Email address
Billing information (processed by PayPal; we do not store credit card details on our servers)
Webflow API Key
When you integrate your Webflow account with Postwhale, you provide your Webflow API key, which we use solely to facilitate the Service.
Usage Data
We may automatically collect information about your device and how you interact with our Site and Service, such as:
IP addresses
Browser type
Referring/exit pages
Operating system
Cookies
We use cookies and similar tracking technologies to collect and store information about your usage of the Site and Service for:
Authentication
Analytics
Personalization

2. How We Use Your Information
To Provide and Maintain Our Service
We use your information to:
Register your account
Integrate with your Webflow site
Provide the features and functionalities of PostWhale
To Process Transactions
We use third-party payment processors (PayPal) to handle billing.
We do not store full payment card details on our servers.
To Communicate With You
We may send you:
Administrative emails about your account
Notifications about updates to our Service
Marketing communications (where permitted by law or with your consent)
To Improve Our Service
We analyze usage data to:
Improve Site features
Fix technical issues
Enhance user experience
To Enforce Our Terms and Policies
We may use your data to ensure compliance with our Terms of Service and other policies.

3. How We Share and Disclose Your Information

Service Providers
We may share information with third-party vendors who perform services on our behalf, such as:
Hosting providers
Analytics providers
Payment processors
Business Transfers
In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, user information may be transferred as part of that deal.
Legal and Compliance
We may disclose your information to:
Comply with legal obligations
Protect and defend our rights or property
Prevent fraud
Ensure the safety of our users or the public
Consent
We may share your information for any other purpose disclosed to you and with your consent.

4. Data Retention
We will retain your personal information for as long as:
Your account is active
It is needed to provide you with our Service
It is required to comply with legal obligations, resolve disputes, and enforce agreements

5. Security
We implement and maintain reasonable security measures to protect your information from:
Unauthorized access
Alteration
Disclosure
Destruction
However, no data transmission or storage system can be guaranteed to be completely secure.
By using our Service, you acknowledge that you provide your information at your own risk.

6. Your Rights
Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to:
Access, update, or delete your personal information
Restrict or object to certain forms of data processing
Request data portability
To exercise these rights, please contact us at privacy@postwhale.com.
We will respond to your request in accordance with applicable laws.

7. International Data Transfers
If you are located outside of the country where Postwhale operates, your personal information may be transferred to and processed in a different country.
We will take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it.

8. Third-Party Links
Our Site or Service may contain links to third-party websites or services that are not owned or controlled by Postwhale.
We are not responsible for the privacy practices of these third parties.
We encourage you to review their privacy policies before providing any personal information.

9. Children’s Privacy
Our Service is not directed to children under 18.
We do not knowingly collect personal information from children under 18.
If you believe we have collected such information, please contact us so we can delete it.

10. Changes to This Privacy Policy
We may update this Privacy Policy from time to time.
If we make material changes, we will notify you by:
Email (to the email address provided by you)
A notice on our Site
Your continued use of the Service after any changes indicates your acceptance of the updated Privacy Policy.

11. Contact Us
If you have any questions about this Privacy Policy or our data practices, please contact us at:
📧 Email: privacy@postwhale.com
🌐 Website: https://postwhale.com

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