Terms of Use

Last Updated: October 03, 2018.

The present Terms of Use regulate your use of our Service. As stated in the present Terms of Use, "The Postenok Service", "our Service" or "the Service" means the service provided by Postenok (Digital Business Solutions, LLC which is incorporated in Russia, registration number 1187746414360, legal address: 7-9 Palikha Street 7-9 build. 4 floor 1 office 1-1D Moscow 127055 Russian Federation) for using and benefiting from it, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our Service. The Service provides a social media management tool that allows to publish posts on social media at a specific time to help users support social media content, in addition to other design and analytics tools.

If you are not eligible, or do not agree to the present Terms of Use, you do not have our permission to use the Service. YOUR USE OF THE SERVICE AND POSTENOK’S PROVISION OF THE SERVICE TO YOU CONSTITUTE AN AGREEMENT BETWEEN POSTENOK AND YOU TO BE BOUND BY THE PRESENT TERMS OF USE.

Please read the Postenok Privacy Policy (http://postenok.com/privacy-policy) carefully to be informed of our collection, use, storage, disclosure of your personal information. The Postenok Privacy Policy is incorporated by this reference into, and made a part of the present Terms of Use.

1. Subscription

1.1. Your Postenok subscription will continue month to month until terminated. To use the Postenok Service you must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your subscription before your monthly billing date, you authorize us to charge your next month's subscription fee to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of subscription plans: some of them may have different conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Postenok subscription by visiting our website and clicking on the "Pricing" link available at the top of the pages of the Postenok website on the left from your profile name.

1.3. If you’re already on a paid plan and want to upgrade again, you’ll only be charged a prorated amount at the time of the upgrade.

2. Free Plan

2.1. By default, you’ll be on a Free plan when you first sign-up, but you can upgrade at any time.

2.2. The Free plan eligibility is determined by Postenok at his sole discretion and we may limit eligibility or other Postenok functionalities to prevent the free plan abuse. We reserve the right to revoke the free plan and put your account on hold in the event that we determine that you are not eligible.

3. Billing and Cancellation

3.1. The subscription fee for the Postenok Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

3.2. Payment Methods. To use the Postenok Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method or downgrade your plan to a free one. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.

3.3. Cancellation. You can cancel your Postenok subscription at any time, and you will continue to have access to the Postenok Service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. If you signed up for Postenok using your account with a third party as a Payment Method and wish to cancel your Postenok subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Postenok Service through that third party. You may also find billing information about your Postenok subscription by visiting your account with the applicable third party. Note: if you cancel your subscription, your account will automatically downgrade to a free plan at the end of your current billing period.

3.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time according to Clause 9.5. of the present Terms of Use.

4. The Postenok Service

4.1. License. Subject to your complete and ongoing compliance with the present Terms of Use, Postenok grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your internal use during the terms at the level of service for which you have paid all applicable fees. Your right to use our Service is limited by all terms and conditions set forth in the present Terms of Use. Other than to the extent of such license granted to you, we and our licensors retain all right, title and interest in and to our service, including all related intellectual property rights.

4.2. Rights and obligations of the User:

4.2.1. You must be 18 years of age to become a user of the Postenok Service. If you use the Service on behalf of a legal person (for example, your employer), you acknowledge and warrant that you have the right to (are entitled to) represent his interests and thereby put him/her under obligations under the present Terms of Use as well as the Privacy Policy, and that you do not breach the rights of third parties including their rights in respect with intellectual property objects, through your actions meant to the implementation of the present Terms of Use.

4.2.2. When creating an account or for obtaining access to the Service, the User enters his e-mail (login) and password. The User is responsible for keeping his login and password secure as well as for all the actions taken with the use of his login and password.

4.2.3. You agree to use the Postenok Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service therein.

4.2.4. Any direct or indirect use of any social network or other third-party website via the Postenok Service means that you agree with the legal documents placed on that website, such as the respective User Agreements (Terms of Use) and Privacy Polices. For your convenience we have enumerated some of the most frequently visited websites with the links to their main legal documents (most of the User Agreements also include additional Policies related to the main Terms). Note that we do our best to update those links but they may be changed. Despite this, you agree to find and read carefully the legal documents and observe all the Terms of third-party websites that are applied to us: Facebook: https://www.facebook.com/policies; Instagram: https://help.instagram.com/519522125107875; Twitter: https://twitter.com/tos, https://developer.twitter.com/en/developer-terms/agreement.

4.2.5. The Postenok Service is regularly updated. In addition, we continually test various aspects of our Service, including our website, user interfaces, promotional features and availability of Postenok content. Under the present Terms of Use, the User may be granted the possibility to beta test the functionality of the Service (marked as “Beta”), and it is granted as is. Beta testing is intended merely for the estimation of the programmatic capacities of the Service. Meanwhile, in the course of beta testing the User is not granted the rights and benefits stated in the present Terms of Use and other Postenok legal documents; some additional requirements may be applied to such kind of use. The User acknowledges and understands that participates in beta testing at his own risk and that the functionality of the Service provided in beta version may contain deficiencies. Postenok is not responsible for the continuous access to the functionality of the Service in beta testing as well as for the events which occur during the beta-testing.

4.2.6. The User undertakes not to publish content via the Postenok Service which is illegal, offensive, pornographic, inciting hatred, as well as violating of other rights and interests of citizens and legal entities or the requirements of the legislation of the country of residence. The User also warrants that the content does not contain any forbidden borrowings, and the rights for any objects (including exclusive intellectual property rights and usage rights for images of people) used as content belong to the User and/or he has received the appropriate permission from the corresponding object right holder according to the legislation of the country of residence. The User is solely responsible for any content (information, images, texts and other materials) which he uploads or any other way publicizes (publishes) to his social networks through his Postenok account. The User is solely responsible for any damage resulting from the breach of the copyrights or any other rights for protected materials as well as for any damage resulting from uploading of such content via the Postenok account. By uploading any content on or through the Postenok Service the User thereby grants or acknowledges that the content owner has granted to Postenok a perpetual, irrevocable, non-exclusive right to use, reproduce, modify, publish, edit, translate, distribute and publicly perform the submitted materials alone or as part of other works in any form, media, or technology whether now known or hereafter developed in any country for the maximum copyright validity period permitted by law in respect with such materials.

4.2.7. The Postenok Service contains materials protected under the copyright laws, including, without limitation, software, images, text, graphics, trademarks, photographs, audio, videos, music and databases. All the contents of the Website are protected under the copyright laws as a collective work in accordance with the Law of the Russian Federation on Copyright and Related Rights. The copyrights to the selection, layout, classification and transformation of data on the Website as well as source materials belong to Postenok, with the exception of the provisions expressly laid down in these Terms of Use or in the content of the materials published on the website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in the present Terms of Use) content and information contained on or obtained from or through the Postenok Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Postenok Service; use any robot, spider, scraper or other automated means to access the Postenok Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Postenok Service; insert any code or product or manipulate the content of the Postenok Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Postenok Service, including any software viruses or any other computer code, files or programs. Postenok may terminate or restrict your use of the service if you violate the present Terms of Use or are engaged in illegal or fraudulent use of the service.

4.3. The User is solely responsible for purchasing, repair and maintenance of all computer and other equipment necessary for the access to the Website as well as for all related expenses. Postenok is not responsible for the impossibility of access to the Website and/or Service(s) when using any unsupported equipment and/or software.

4.4. The User acknowledges and agrees that Personal data may be transferred or stored outside the EEA or the country of the User ‘s location in order to fulfil the obligations of the Service and other obligations of third parties under the present Terms of Use.

4.5. The User undertakes to notify us immediately if he is aware or reasonably suspected of any security violation, including loss, theft or unauthorized disclosure or use of a login, password or account of the social network. All notifications shall be sent to [email protected].

4.6. The rights and obligations of Postenok

4.6.1. Postenok reserves the right to update or modify the Service at its sole discretion and without prior notice of the User, and such updates may result in the alterations of the interface and/or functionality of the Service (including adding, modification or deletion of features or contents). Postenok undertakes to provide, implement, configure, maintain all updates, improvements, amendments, error fixes, service modifications (collectively - Updates), except adding of new products of third-party organizations. All Updates of the Service form an integral part thereof and the present Terms of Use shall be fully applied to them. Postenok does not pay any compensations to the User and does not reimburse him for any possible damage, direct or indirect losses, (particularly, the lost profit) related to the Updates of the Service.

4.6.2. Postenok has the right to limit its functionality without prior notice. The User acknowledges that Postenok interacts with social networks and that the use of the Service is largely dependent on the availability of such social networks. If at any time any social networks terminate Postenok’s access to their functionality (each of such terminations is an API change) in full or in part, Postenok may terminate User’s access to such functionality without compensation for any damages, possible loss, or lost profit.

4.6.3. Postenok reserves the right to terminate the access to the Service at any time (including to block or delete the account) without reimbursing the User for any damages, possible loss, or lost profit in case the User fails to fulfil its obligations under the present Terms of Use.

4.6.4. Postenok has the right to use the name, trademarks or logos, commercial designations and other distinctive brand features of the User’s brand and/or ones of third parties on whose behalf and in whose interests the User acts, to place them on the Postenok Website on a non-reimbursable basis in order to inform the visitors of the website of the fact that the User and/or third parties on whose behalf and in whose interests the User acts, are the Service users.

4.6.5. Postenok has the right to send information messages, including advertising ones, to the User, including but not limited to via e-mail, by push notifications, and by chat. The User also agrees to receive advertising messages in accordance with Article 18, part 1 of the Federal Advertising Act. The User has the right to refuse to receive advertising messages by following the unsubscribe instructions incorporated in each marketing e-mail.

5. Monitoring

5.1. Postenok does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Postenok reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Postenok chooses to monitor the content, Postenok still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

6. Account

6.1. The user who created the Postenok account has access and control over this account that is used to access our service, and is responsible for any activity that occurs through the Postenok account. To maintain control over the account and to prevent anyone from accessing the account, the User should maintain control over the Postenok ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Postenok or our partners from identity theft or other fraudulent activity.

6.2. The User has the right to terminate the relationship with the Management Team of the Postenok Service by using a special part of the interface for account deletion. In this case all scheduled post will not be published and there will be no possibility to recover them.

7. Warranties and Limitations of Liability

7.1. Hereby the User undertakes all risks related to the use of the Service. Neither Postenok, nor its employees, agents, suppliers, and licensors warrant that the Postenok Service is error-free or uninterrupted. Provided that, none of the above warrants the possible results of the use of the Service or the accuracy, authenticity or nature of any information, service, or product implemented via the Postenok Service.

7.2. The Postenok Service is provided "as is" without any warranty of any kind, express or implied, including the warranty of its conformity with any specific purposes. Nevertheless, those warranties are not excluded which are legally provided, or cannot be excluded, restricted or altered under the legislation applicable to the present Terms of Use.

7.3. The present limitation of liability is applied to all kinds of losses and damage caused by the error, interruption, defect, breakdown, virus, network crash, theft, destruction, or unauthorized access to the Service, its alteration or use due to the breach of a contract, tort or negligence as well as due to other reasons.

7.4. In no event will Postenok nor any other party involved in creating, producing, or distributing the Service or software be liable to any direct, indirect, punitive, special or other consequential damages for any use of or inability to use the Service. Hereby the User acknowledges that the clauses of this Section are applied to all the content of the Service.

7.5. Besides the above-mentioned conditions, Postenok shall not be liable for any errors, discrepancies, or any other deficiencies of the information generated by and obtained via the Service, regardless their reasons or duration, as well as for its unauthenticity, undue and interrupted transfer of such information to the User, or any arising related claims, suits or losses. None of the parties hereto is liable for any third-party claims, suits as well as for any third-party losses, including without limitation, the lost profit, punitive, or other consequential damages for any use of the Service. Postenok does not warrant the accuracy, timeliness, performance, completeness and consistency of the information provided. Besides, Postenok provides no warranty in respect with the possible results of the use of such information.

8. Recovery of losses

8.1. The User is solely responsible (including with respect to any third party) for the failure to fulfil his obligations under the present Terms of Use as well as for the consequences of such failure (including any losses and damage suffered by Postenok).

8.2. The User undertakes not to claim or sue against Postenok or its officers, and hold them harmless from any expenses, including attorney fees, which may arise in connection with the User’s use of the Service or the use of the login and password of the User.

9. Miscellaneous

9.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Russian Federation.

9.2. Ideas. You may choose to or we may invite you to submit comments, feedback, suggestions or ideas relating to the Service, including without limitation on how to improve the Service or our products (hereinafter referred to as “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Management Team of Postenok under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis to anyone. You acknowledge that, by acceptance of your submission, Postenok do not waive any rights to use similar or related ideas which Postenok has previously known, or which has been developed by its employees, or obtained from sources other than you.

9.3. Customer Support. To find more information about our Service and its features or if you need assistance with your account, please let us know via [email protected].

9.4. Survival. If any clause or clauses of the present Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining clauses shall remain in full force and effect.

9.5. Changes to the Terms of Use. Postenok may, from time to time, change the present Terms of Use. The Аgreement can be changed by Postenok without any official notification. The new version of the Terms of Use comes into force from the moment of its posting on the Internet at https://postenok.com/terms-of-use, unless otherwise specified by the Terms of Use editions. The continued use of the Service after making such changes is your consent to such changes. You are responsible for reviewing the latest version of this Terms on a regular basis. When we change this Terms, we will change the date, marked as “Last Updated” above. The present Terms of Use are effective for an unspecified period of time since the User expresses his consent to them. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

9.6. Termination. If you violate any provision of the present Terms of Use, your authorization to access the Service and the present Terms of Use automatically terminate. In addition, Postenok may, at its sole discretion, terminate the present Terms of Use or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and the present Terms of Use at any time as provided in Clause 6.2. or by contacting us via [email protected].

9.7. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) in electronic form only, for example via e-mails to your e-mail address provided during registration.

9.8. Secure Connection. If you are using a secure connection, please be informed that the use of VPN technology or any elements of VPN technology is subject to the laws and regulations of your country of residence. Please ensure that you use the secure connection in strict accordance with this legislation in force.

9.9. International Use. Access to the Service from countries or territories, or by individuals where such access is illegal is prohibited. The License validity is limited to a particular territory: all countries except the Russian Federation.

9.10. Third parties. You acknowledge that you may be provided with or obtain access from, or interact with third-party organizations (services). Such interaction is implemented at your own risk. Any use of third-party services is regulated solely by the Terms of Use of third-party services (and you undertake to observe them). Besides, if any contract or deal is made involving any third-party services, not Postenok, but solely you and the respective third party are covered by its scope. Postenok does not make any representation or undertake any responsibility or obligations in respect with the content, use of or correspondence with such third-party services, as well as any transactions performed or contracts (agreements) made between you and any third party. Postenok is not liable for any contracts between itself and any third party.

9.11. The Service is not affiliated with any social media network or other third party and does not claim ownership of these trademarks.

We will be happy to hear your suggestions on the operations of our Service. Therefore, if you have any questions or recommendations related to the Service, we always welcome your letters at [email protected] or comments sent to us via the online support window in your browser.