PostEagle AI Terms of Service

1. SERVICES

1.1. Definition

PostEagle provides software tools that enable users to monitor and analyze online mentions of keywords and entities across supported third-party platforms ("Services"), including but not limited to Reddit and LinkedIn ("Third-Party Platforms").

1.2. Permitted Use

The Services are intended for internal business use only, specifically for social listening, audience analysis, and market research ("Permitted Use"). Any use beyond this scope requires our prior written consent.

You agree not to: (a) use any automated means, including bots, scrapers, or spiders, to access or extract data from the Services; (b) reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Software; or (c) use the Services in a way that interferes with their normal operation, violates any laws, or infringes any third-party rights.

1.3. Resultant Data

PostEagle structures and visualizes information gathered via the Software in dashboards and reports ("Resultant Data"). You are granted a limited, non-transferable, non-exclusive license to access and use Resultant Data during your subscription term, solely for the Permitted Use.

Access to Resultant Data will terminate upon expiration or cancellation of your subscription, unless otherwise agreed in writing.

1.4. Software Use

Subject to these Terms, you may access and use the Software for the duration of your subscription. All intellectual property rights in and to the Software, including all features, designs, logos, and trademarks, are owned by PostEagle or its licensors.

You may not copy, modify, distribute, sell, lease, or create derivative works of the Software, nor may you use the Software in any unauthorized manner or for any purpose not expressly permitted under these Terms. These Terms do not grant any ownership rights.

1.5. Subscription Scope

Your access to the Services is based on the subscription plan you select in the "Pricing" section of our site. Plans may vary in terms of tracked topics, daily/monthly mention quotas, team member access, and storage limits.

We reserve the right to update features and limits. If any such updates materially impact your current plan, we will provide at least 30 days' prior notice via email or through your account dashboard, and changes will take effect in the following billing cycle.

1.6. Free Trial

New users may access a limited version of the Services on a free trial basis. After the trial, continued access requires selecting a paid plan. Trial accounts are deleted 14 days after expiration if not converted to a paid plan.

1.7. Authorized Users

Depending on your plan, you may invite team members to your account ("Authorized Users"). You are responsible for their use of the Services and agree they will comply with these Terms.

Each Authorized User will be required to individually accept these Terms when creating their own account credentials under your subscription.

1.8. Contractors

PostEagle may engage third-party service providers or contractors to support delivery of the Services. These contractors are bound by confidentiality and data protection obligations that are at least as protective as those set forth in these Terms.

1.9. Service-Related Communications

We may contact you at your registered email address with service-related announcements or updates. You may opt out of certain non-essential communications, but some notices related to your account or legal obligations may still be required.

2. NO WARRANTIES

2.1. As-Is Basis

The Services and Software are provided "as is" and "as available," without warranties of any kind, either express or implied, to the fullest extent permitted by law. We do not guarantee that the Services will meet your specific requirements or that they will be uninterrupted, timely, secure, or error-free.

2.2. Your Responsibility

You assume full responsibility for your use of the Software, including any business decisions, loss of profits, data, or other impacts resulting from reliance on the Services.

2.3. Data Accuracy

While we strive to provide useful and accurate insights, we do not guarantee the completeness or accuracy of any Resultant Data derived from third-party sources. PostEagle does not control or independently verify the content or data originating from Third-Party Platforms, and such content may be incomplete, outdated, or inaccurate.

3. OWNERSHIP

3.1. Intellectual Property

PostEagle retains all rights, title, and interest in and to the Software, Services, Resultant Data, and all related intellectual property, including but not limited to copyrights, trademarks, trade secrets, and patents, whether registered or unregistered. All rights not expressly granted to you under these Terms are reserved by PostEagle.

3.2. Trademarks

All trademarks, service marks, logos, trade names, and brand elements used within the Services are the property of PostEagle or its licensors. You may not use, copy, reproduce, or modify these trademarks without our express prior written permission.

3.3. Feedback

If you choose to provide feedback, comments, or suggestions regarding the Services ("Feedback"), you acknowledge that such Feedback is voluntary, non-confidential, and provided without any obligation of compensation or attribution. You hereby grant PostEagle a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, and incorporate such Feedback into our Services or other products for any purpose.

4. LIMITATION OF LIABILITY

4.1. Exclusion of Certain Damages

To the fullest extent permitted by law, in no event shall PostEagle, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, or procurement of substitute goods or services, arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.

4.2. Cap on Direct Damages

To the fullest extent permitted by law, PostEagle's total cumulative liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the greater of:

(a) the total fees paid by you to PostEagle for the Services in the twelve (12) months preceding the event giving rise to the claim, or

(b) five hundred dollars ($500).

4.3. Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section are an essential basis of the bargain between you and PostEagle, and will apply even if any limited remedy fails of its essential purpose.

5. TERMINATION AND SUSPENSION

5.1. Termination by You

You may terminate your subscription at any time by following the cancellation instructions provided in your account settings. Termination will take effect at the end of your current billing cycle. You will not be entitled to a refund of any prepaid fees unless required by law or otherwise stated in these Terms.

5.2. Termination or Suspension by PostEagle

We reserve the right to suspend or terminate your access to the Services, in whole or in part, if:

• (a) you materially breach these Terms and fail to cure such breach within ten (10) days of receiving written notice,
• (b) your use of the Services violates applicable law or poses a security or operational risk, or
• (c) required by law or legal obligation.

We may also suspend Services for scheduled maintenance or technical issues, but we will make reasonable efforts to minimize disruptions.

5.3. Effect of Termination

Upon termination of your subscription:

• Your access to the Services and Software will immediately cease.
• Any Resultant Data and account content may be permanently deleted after thirty (30) days, unless otherwise agreed in writing.
• Any outstanding payment obligations will remain due.

5.4. Survival

The following provisions will survive termination: Sections 2 (No Warranties), 3 (Ownership), 4 (Limitation of Liability), 5.4 (Survival), and 7 (General Terms), as well as any other provisions that, by their nature, should survive.

6. INDEMNITY

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

• (a) your use of the Services in violation of these Terms or applicable law,
• (b) your violation of any rights of a third party, including intellectual property, privacy, or data protection rights, or
• (c) any content or data submitted, transmitted, or made available by you or your Authorized Users through the Services.

PostEagle reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

7.2. Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at legal@posteagle.ai and attempt to resolve the dispute informally in good faith. If we are unable to resolve the dispute within thirty (30) days, either party may pursue legal remedies as outlined below.

7.3. Binding Arbitration

Except for claims that qualify for small claims court, all disputes arising out of or related to these Terms or the Services shall be resolved exclusively through binding arbitration conducted under the rules of the American Arbitration Association (AAA). The arbitration will take place in Los Angeles County, California, unless otherwise mutually agreed. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

7.4. Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Services.

7.5. Class Action Waiver

You agree that any claims will be brought on an individual basis only and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

8. MISCELLANEOUS

8.1. Entire Agreement

These Terms constitute the entire agreement between you and PostEagle regarding your use of the Services and supersede all prior or contemporaneous communications, whether oral or written.

8.2. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. PostEagle may freely assign or transfer these Terms without restriction.

8.3. Force Majeure

PostEagle shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, internet or telecommunications outages, labor disputes, governmental actions, or acts of war or terrorism.

8.4. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

8.5. No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so at a later time or on a future occasion.

8.6. Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

8.7. Contact

If you have any questions about these Terms, you may contact us at legal@posteagle.ai.