Terms of Service - XAVVI HOLDINGS

Document Purpose: This document is a legally binding contract that governs your use of our services. It outlines your rights, responsibilities, and the rules you must follow when using the Postiz platform.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and XAVVI HOLDINGS (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Postiz platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). By accessing the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. User Accounts and Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information upon registration and to keep this information up to date.

3. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose or to violate the terms of any Third-Party Platform. Prohibited activities include, but are not limited to, spamming, distributing malware, infringing on intellectual property rights, and attempting to compromise our systems' security. Specific prohibitions related to AI model training and platform content policies are detailed in the addenda referenced below.

4. Third-Party Platform Integrations and User Responsibility

4.1. General Terms

The Service integrates with various Third-Party Platforms (e.g., Meta, Google, X, TikTok). Your use of those platforms through our Service is subject to their respective terms, conditions, and developer policies. By connecting a Third-Party Platform, you grant us permission to act on your behalf to access and process data as permitted by that platform's API and your settings.

4.2. Your Responsibility for Compliance

You are solely responsible for ensuring that your content and use of the Service comply with all applicable Third-Party Platform rules. We provide the tools for management, but you retain ownership and responsibility for the content you publish. A breach of any Third-Party Platform's terms is considered a breach of these Terms.

4.3. Platform-Specific Addenda

The following platform-specific policies are incorporated by reference into these Terms. Your use of the Service constitutes agreement to these additional terms:

5. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

6. Indemnification

You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of these Terms or your breach of any Third-Party Platform policies.

7. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California. Any disputes shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

8. Self-Check Compliance Checklist

This section is for informational purposes to help you understand how these Terms address key compliance areas.