These Terms of Service (“Terms”) are between Post Planner (“PP,” “we,” or “us”) and you or the entity, organization, or company you are accepting these Terms on behalf of (“Customer,” “you”).
The www.postplanner.com website (the "Site") is comprised of various web pages operated by PP. The Site is a Software as a Service Site providing services as a social media automation and marketing tool. The Site, as well as all related websites, mobile applications and other services provided by us and/or which a link to these Terms is displayed (collectively, the “Services”), are offered to you conditioned on your acceptance without modification of the Terms.
Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to these Terms, you must not access or use the Services.
2.1. PP reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions and are effective immediately when we post them. PP encourages you to periodically review the Terms to stay informed of our updates.
2.2 We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services.
Except as set forth herein, you must be at least 16 years of age to use the Services or anything accessible or available through the Services or register for an account or transmit any personal information. By using the Services you represent that you are at least 16 years old or older if you are a resident of the United States, United Kingdom, Canada, or the European Economic Area, or an adult in any other jurisdiction.
5.1. Fees. In the event you subscribe to the Services, we will put you on a recurring payment plan that charges you the fees set forth in advance for each billing cycle (the "Fees") here:
If you do not cancel the Services prior to the end of the then current billing cycle in accordance with Section 6 and our Cancellation Policy, you will be automatically charged the then-current Fees for the Services at the start of the following billing cycle. All Fees set forth on the Site are in U.S. Dollars and are non-refundable, except for any charges that we explicitly identify as refundable on the Site. We will charge the payment method you specify at the time of purchase. You authorize us to charge all Fees described herein to such payment method. You acknowledge that if you fail to make any payment when due, we may immediately suspend, and/or terminate these Terms and/or the Services, and impose a late charge on all payments in the maximum amount permitted by applicable law.
5.2. Automatic Renewals. For your convenience, your paid subscription will be automatically renewed unless a cancellation request is received prior to your renewal period. Subscriptions automatically renew for the same period (monthly or annual) for which you signed up for (“Subscription Term”). Please note that we do not send notifications before or at the time of subscription renewal unless there will be a change to the Fees. We do not offer refunds on charges for subscription renewals. Please visit our Cancellation Policy for more details here:
5.3. Changes to Fees. PP, in its sole discretion, may change the Fees for the Services. Any such changes will become effective at the end of the then-current billing cycle. We will provide Customers who are subscribed to the Services with reasonable prior notice of any change in Fees to give you an opportunity to terminate the Services before such change becomes effective.
5.4. Upgrading/Downgrading Services. In the event you desire to upgrade the Services to a different plan, the increase in Fees is automatically adjusted and applied to the Customer’s account for the current Subscription Term and all future renewals. In the event you desire to downgrade the Services to a different plan, the decrease in charge is only applied after the then-current Subscription Term concludes. Once the Subscription Term concludes, a new subscription reflecting the downgrade will commence.
5.5. Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments in connection with the Services. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax (“Taxes”). We may charge and you will pay applicable Taxes that we are legally obligated or authorized to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect Taxes from you. We will not collect, and you will not pay, any Taxes for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which we may claim an available exemption from such Taxes.
PP values your complete satisfaction above everything else. If you're dissatisfied for any reason, let us know within the first 30 days of your subscription and we'll issue a full refund. We do not offer refunds after the first 30 days of the life of subscription. We do not offer refunds on renewal charges. The only exception to this policy is when a Customer’s plan has been subject to a billing error. In the event of such an error, Customer may request and will receive a refund of the charge. Please visit our cancellation policy here for more details:
7.2. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
7.3. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Information submitted by Customer to PP as part of registration, and any data, photographs, text, graphics, video, and other materials that are submitted or posted by Customer through the Services or are received from third parties in connection with the Customer (“Customer Data”) will be stored as part of our Services for the duration of a subscription, after which it will be deleted, unless there is another purpose for which it is lawfully retained.
The Services may include links to other websites or services solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by PP of any third party, third party websites or any association with the operators of such Linked Sites. The content on the Linked Sites and the use of personal data is not under the control of PP. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites.
10.1. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to PP that you will not use the Services for any purpose that is unlawful or prohibited by these Terms.
10.2. All content included as part of the Services, including without limitation text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of PP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
10.3. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. PP content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PP or our licensors except as expressly authorized by these Terms. We reserve all rights not expressly granted to you.
10.4. The PP names and trademarks, and all related names, trademarks, logos, product and service names, designs and slogans are trademarks and trade names of PP or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to (a) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries); (b) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services; (c) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services accounts of others without permission, or falsifying your age or date of birth; (d) violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights; (e) use any robot, spider or other automatic or manual device, process or means to access the Services for any purpose, including monitoring, copying or scraping any of the material or information on the Services; (f) use any device, software or routine that interferes with the proper working of the Services; (g) introduce any virus, trojan horse, worm, logic bomb or other material that is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services or any materials or information related thereto, the servers on which the Services are stored, or any server, computer or database connected to the Services; (i) attack the Services via denial-of-service attack or distributed denial-of-service attack; or (j) otherwise attempt to interfere with the proper working of the Services.
12.2. You represent and warrant that: (a) you own or control all rights in and to your Customer Data and have the right to grant the license granted above to us and our licensees; and (b) your Customer Data comply with these Terms.
12.3. You understand and acknowledge that you are responsible for any Customer Data you submit or contribute (or that are submitted or contributed through your account), and you, not PP, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Customer Data posted by you or any other user of the Services. PP does not endorse any Customer Data submitted to the Services by any user, or any opinion, recommendation, or advice expressed by any other user, and PP expressly disclaims any and all liability in connection with Customer Data.
13.1. If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice must include substantially the following:
13.2. Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
Post Planner Copyright Agent
Stoel Rives LLP
201 South Main St., Suite 1100
SLC, UT 84111
You will be able to connect your PP account to third party accounts. By connecting your PP account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Services are controlled, operated and administered by PP from our offices within the USA. We make no claim that the Services or any of its content is accessible or appropriate outside of the USA. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from a location outside the USA, you are solely responsible for compliance with all local laws. You agree that you will not use the PP content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Although the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the USA. PP reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on or through the Services is void where prohibited.
Where Personal Data is transferred out of the European Economic Area as part of using our Services, the Standard Contractual Clauses found here apply:
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The information presented on or through the Services is made available only for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
You agree to indemnify, defend and hold harmless PP, its officers, directors, employees, agents and third parties, for, from and against any losses, costs, liabilities, damages, judgments, awards, expenses and fees (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of these Terms or any representation, warranty or agreements referenced in these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PP in asserting any available defenses.
To the fullest extent permitted by applicable law, in the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
To the fullest extent permitted by applicable law, any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
21.1. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
21.2. PP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE BASIS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. PP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (I) ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PP DOES NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
21.3. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER USERS OF THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND ACCESS, DOWNLOAD, USE, AND/OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING TO YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
22.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
22.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF PP TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO PP FOR ACCESS TO AND USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
22.3. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22.4. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
PP reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. We will have no liability whatsoever on account of any suspension or termination of your access to or use of the Services. We may take legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services. Upon termination of these Terms and/or the Services provided hereunder for any reason, the license granted to you in these Terms shall also terminate, and you shall cease using the Services. No termination shall affect your obligation to pay all fees that have become due before such termination.
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Utah, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Utah. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
25.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PP as a result of the Terms or use of the Services.
25.2. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
25.4. Except as expressly permitted herein, the Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.
25.5. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
25.6. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
25.7. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.
25.8. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
25.9. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be written in English.
PP welcomes your questions or comments regarding the Terms:
Last Modified: August 2020