Fair Use Policy

Updated January 15, 2025

Where subscription plans include features described as “unlimited,” such features are subject at all times to this Fair Use Policy and applicable law. This Policy is designed to ensure the integrity, security, and reliability of the platform and to prevent misuse that could adversely impact other users or PostAgent’s systems.

1. Scope of Unlimited Use

“Unlimited” access entitles users to utilize the services for their own internal business or personal purposes in the ordinary course of use. Unlimited access means reasonable use consistent with the intended purpose of the service.

For clarity, “reasonable use” shall mean usage levels consistent with industry norms for small business and personal use, and not materially greater than typical usage by similarly situated accounts. For example, activity more than ten (10) times the average monthly use of similar accounts may be deemed excessive.

Unlimited access does not grant the right to engage in activity that is excessive, abusive, fraudulent, or inconsistent with the intended purpose of the service.

2. Prohibited Conduct

Without limiting the generality of the above, the following uses are expressly prohibited:

Generating or attempting to generate content at a volume or frequency that materially degrades or threatens to degrade service performance for other users.

Using automated scripts, bots, or other non-human processes to artificially generate or manipulate usage.

Reselling, sublicensing, redistributing, or otherwise making the services or their outputs available to third parties in a manner that competes with PostAgent.

Operating PostAgent as a service bureau, managed service, agency platform, or white-labeled product for multiple clients under a single user license is prohibited. Where PostAgent makes available multi-seat subscriptions, such subscriptions may be used to manage clients only within the scope and seat limits of the purchased plan. Any larger-scale, white-labeled, or multi-client use requires a separately executed enterprise agreement with PostAgent.

Circumventing, attempting to circumvent, or encouraging others to circumvent system limitations, monitoring, or security controls.

Using the services in violation of applicable laws or regulations, including export control laws, trade sanctions, or intellectual property laws.

Any other use that PostAgent, in its reasonable discretion, acting in good faith, determines to be unreasonable, abusive, or detrimental to the operation of the service.

3. Intellectual Property, Copyright, and Plagiarism

Users are solely responsible for ensuring that any content created, uploaded, scheduled, or published using PostAgent does not infringe the intellectual property rights of third parties.

By using the services, users represent and warrant that they own or have lawful rights to the inputs they provide (including text, images, and other media).

PostAgent does not guarantee that AI-generated content will be free from copyright claims, plagiarism, or duplication, and expressly disclaims liability for such issues.

Users agree to indemnify and hold harmless PostAgent from any claims, damages, or legal actions arising out of alleged copyright infringement, plagiarism, or unauthorized use of third-party materials generated or published through the service.

Users must not intentionally use the service to reproduce, copy, or distribute copyrighted materials without authorization.

Users remain solely responsible for all content created, scheduled, or published through the services, whether generated manually or automatically. Use of features such as auto-posting does not shift responsibility for compliance with applicable laws, intellectual property rights, or platform terms of service from the user to PostAgent.

Users must comply with PostAgent’s DMCA Takedown Policy, which is incorporated by reference and available on our website. PostAgent will respond to claims of copyright infringement in accordance with applicable law.

4. Monitoring and Enforcement

PostAgent reserves the right to monitor user activity to enforce this Fair Use Policy. If we determine, in our reasonable discretion, that a user’s activity violates this Policy, we may take one or more of the following actions without prior notice:

Issue a warning and request corrective action.

Temporarily suspend or throttle account activity.

Require the user to upgrade to a higher service tier or a custom enterprise plan.

Charge additional fees for usage that materially exceeds reasonable use thresholds.

Permanently terminate access to the services.

PostAgent may suspend or terminate accounts immediately for violations, without liability to the user, except for prorated refunds if required by law.

5. Reservation of Rights

PostAgent retains all rights, title, and interest in and to its services, and no provision of this Fair Use Policy shall be interpreted as granting users rights beyond those expressly stated in their subscription agreement.

This Policy will be applied and enforced to the maximum extent permitted by applicable law. If any portion is held invalid, the remainder shall remain in effect. PostAgent reserves the right to amend this Policy at any time by posting an updated version to its website. Continued use of the services constitutes acceptance of any such changes.

6. Governing Law and Dispute Resolution

This Policy and your use of the services are governed by the laws of the State of Texas and the United States, without regard to conflict of law principles. Any disputes shall be resolved exclusively through binding arbitration in Fort Worth, Texas, except where prohibited by law. Users outside the United States agree that the provisions of this Policy shall apply to the maximum extent permissible under their local laws.