Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you ("Client," "you," or "your") and Ai Business Developer Inc, a Montana corporation operating the SocialPosterr brand ("SocialPosterr," "we," "us," or "our"). They govern your access to and use of SocialPosterr.com, SocialCloser™ and the other software, services, features, integrations, websites, dashboards, APIs, messaging tools, social-media management tools, support resources, and related offerings that link to these Terms (collectively, the "Services").

By creating an account, clicking to accept these Terms, starting a trial or promotional period, purchasing a subscription, connecting an account or integration, or otherwise using the Services, you agree to these Terms. If you accept on behalf of a business or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

The Services are intended for business, professional, and commercial use. These Terms may be supplemented by an order form, plan description, service addendum, Data Processing Agreement, or other written agreement. If a more specific written agreement conflicts with these Terms, the more specific agreement controls for the subject it addresses.

Definitions

"Client Data" means data, content, messages, contact records, files, instructions, knowledge resources, campaign information, appointment information, CRM records, and other information submitted to, received through, generated within, or processed through the Services for or on behalf of a Client, excluding information SocialPosterr processes independently for its own account administration, billing, security, legal compliance, website analytics, and corporate operations.

"End User" means a Client prospect, lead, customer, follower, website visitor, message sender, appointment attendee, or other person whose information is processed through a Client-configured Service.

"SocialCloser™" means the AI-assisted sales and communications functionality offered as part of SocialPosterr.

"Client-Designated Service" means a third-party account, service, platform, or integration that the Client owns, controls, contracts for, or directs SocialPosterr to connect, such as the Client's own Twilio, Stripe, Mailgun, SMTP, calendar, CRM, or similar account.

"Subprocessor" means a third party engaged by SocialPosterr or an underlying processor to process Client Data on behalf of SocialPosterr in providing the Services.

2. Description of the Services

SocialPosterr provides business tools that may include social-media publishing and scheduling, content management, reporting, campaign and contest functionality, CRM features, messaging, automation, analytics, integrations, and SocialCloser™.

SocialCloser™ is designed to help Clients engage leads and contacts across supported channels, maintain conversation and CRM history, qualify and route leads, schedule appointments, trigger approved workflows, and facilitate Client-configured sales processes. Supported channels currently may include Instagram direct messages, Facebook Messenger, WhatsApp, SMS/text messaging, website chat, and email. Additional channels may be introduced when technically and commercially available.

The Services evolve. We may add, modify, replace, limit, or discontinue features, integrations, models, channels, or workflows. We do not guarantee that any third-party network, API, messaging channel, social platform, AI model, or integration will remain available.

3. Eligibility, Accounts, and Authorized Users

You must be at least 18 years old and use the Services in connection with a business, profession, trade, or other lawful commercial activity. You must provide accurate, current, and complete account information and keep it updated.

You are responsible for safeguarding login credentials, API keys, connected-account credentials, and access tokens under your control. You are responsible for all activity occurring under your account, including activity by team members and other users you authorize. Notify us promptly if you suspect unauthorized access or credential compromise.

You may not share credentials in a manner that defeats plan limits, access controls, or security requirements. You must ensure that each person you authorize to use the Services complies with these Terms.

4. Subscriptions, Billing, Trials, and Taxes

Subscription fees, included usage, plan limits, billing intervals, and any applicable setup charges are shown at checkout, on the pricing page, in an order form, or in your account. Unless stated otherwise, subscriptions renew automatically for successive billing periods until cancelled.

SocialPosterr subscription payments are processed through Stripe. You authorize us and Stripe to charge the payment method associated with your account for recurring subscription fees, applicable usage charges, taxes, and other amounts you approve. We do not require or intend to store full payment-card credentials on SocialPosterr systems.

If a free trial, coupon, introductory price, or promotional period is offered, the specific terms displayed at signup control. Unless the promotion expressly states otherwise, you must cancel before the end of the trial or promotional period to avoid the next scheduled charge.

Except where required by law or expressly stated in a written refund guarantee or order form, fees already paid are non-refundable and we do not provide prorated refunds for unused portions of a billing period. You may cancel recurring billing before the next renewal date through the available account controls or by contacting support.

You are responsible for applicable sales, use, excise, value-added, telecommunications, or similar taxes imposed on your purchase or use of the Services, excluding taxes based on SocialPosterr's net income. We may change prices or plan structures by providing reasonable advance notice before a change applies to your next renewal.

Client Prospect Payments

When SocialCloser™ facilitates a payment or deposit to a Client, the transaction may be processed through the Client's own connected Stripe account. The Client, not SocialPosterr, is the merchant or service provider for the underlying transaction with the End User unless expressly agreed otherwise in writing.

The Client is responsible for its products or services, pricing, taxes, refunds, chargebacks, receipts, fulfillment, consumer disclosures, and compliance obligations associated with transactions processed through the Client's connected payment account. SocialPosterr may process transaction status, amount, identifiers, and workflow information needed to operate the integration, but does not take title to Client funds merely by facilitating the workflow.

5. License and Permitted Use

Subject to these Terms and payment of applicable fees, SocialPosterr grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during your active subscription for your internal business operations and lawful communications with your End Users.

Unless SocialPosterr gives you written reseller or agency rights, you may not resell, sublicense, lease, time-share, white-label, or provide access to the Services as a service bureau for third parties. You may use the Services for your own business and authorized team members within your plan limits.

6. Acceptable Use Policy

You must use the Services lawfully, responsibly, and in a manner that does not harm other users, End Users, SocialPosterr, our providers, or third-party platforms. You are responsible for your campaigns, instructions, connected accounts, content, contact lists, audience selection, and communications.

• Send unlawful unsolicited bulk messages, spam, or messages to recipients who have not provided any consent or permission required by applicable law or platform rules.
• Harass, threaten, defame, abuse, intimidate, discriminate against, stalk, exploit, or unlawfully profile any person.
• Upload, transmit, request, or distribute illegal content, child sexual abuse material, content that unlawfully infringes intellectual-property or privacy rights, or content intended to facilitate violence, fraud, or other unlawful conduct.
• Distribute malware, phishing links, credential-stealing tools, ransomware, malicious code, or deceptive security prompts.
• Use the Services to impersonate another person or organization, misrepresent the sender of a communication, or conceal that an AI system is being used where applicable law requires disclosure.
• Instruct an AI agent to claim to be human or deny that it is an AI system where doing so would be misleading or unlawful.
• Use the Services to make unlawful discriminatory decisions or as the sole decision-maker for regulated consequential decisions involving employment, credit, lending, housing, insurance eligibility, medical diagnosis or treatment, education admissions, or comparable high-impact decisions.
• Use the Services to provide legal, medical, financial, tax, investment, or other regulated professional advice as a substitute for an appropriately qualified professional.
• Intentionally target children or minors in a manner prohibited by law or contrary to the Client's stated audience and compliance obligations.
• Reverse engineer, decompile, disassemble, scrape, copy, probe, scan, test vulnerabilities, bypass access controls, defeat rate limits, or attempt to derive source code, model weights, prompts, or non-public system logic except to the extent mandatory law expressly permits.
• Use the Services in a manner that violates the rules of Meta, Instagram, Facebook, WhatsApp, Google, YouTube, TikTok, Twilio, Stripe, Mailgun, Anthropic, or another connected provider.
• Use the Services in a way that creates material security, legal, regulatory, reputational, or platform-access risk for SocialPosterr or its providers.

7. Messaging, Marketing, and Platform Compliance

You are responsible for determining whether your communications are lawful and for maintaining the notices, consents, permissions, opt-in records, and suppression records required for your use case. SocialPosterr provides communications technology; it does not create a lawful basis for contacting a person merely because the technology permits a message to be sent.

For U.S. SMS, you are responsible for compliance with the Telephone Consumer Protection Act (TCPA), applicable FCC rules, carrier requirements, and A2P 10DLC registration. When you connect your own Twilio account, you manage your Twilio registration, numbers, campaigns, sender identity, and compliance directly with Twilio.

For commercial email, you are responsible for applicable requirements such as CAN-SPAM and equivalent laws, including accurate sender identification, lawful content, required disclosures, and effective unsubscribe handling. For Canadian or European audiences, you are responsible for CASL, ePrivacy, GDPR/UK GDPR, and other applicable requirements.

For WhatsApp, Instagram, Messenger, and other platform channels, you are responsible for applicable business messaging policies, template restrictions, opt-in requirements, platform terms, and account standing. Platform access may be suspended or changed by the platform provider without SocialPosterr's control.

You must promptly honor valid opt-out, STOP, unsubscribe, suppression, or withdrawal requests applicable to your communications and must not use SocialCloser™ to evade a recipient's communication preferences.

8. SocialCloser™ and Artificial Intelligence

SocialCloser™ uses artificial intelligence to assist with conversations, lead qualification, routing, content generation, appointment scheduling, CRM workflows, and other configured tasks. Depending on the feature and Client selection, processing may use Anthropic Claude, the Max model made available through SocialCloser™, Google Gemini for certain media tasks, or other models or supporting components that may be introduced over time.

Clients may choose among available models for applicable functions. Some background or task-specific processing may automatically use an appropriate model or service, including processing needed to understand voice notes, images, video, documents, or other supported media.

SocialCloser™ can be personalized using Client instructions, examples, FAQs, knowledge-base content, business information, prior interactions, communication preferences, and other Client-specific resources. This personalization is intended to help the agent reflect the Client's business context and communication style.

Client Data is not used to train generally available AI models unless the Client expressly agrees to that use in a separate written agreement. Our applicable processor arrangements require relevant AI subprocessors to process Client Data under enterprise or equivalent terms that restrict use of Client Data for general model training.

AI-generated content can be inaccurate, incomplete, outdated, inappropriate, or inconsistent. The Client is responsible for configuring, supervising, testing, and monitoring its workflows and for determining whether AI-generated communications are appropriate for the Client's audience, products, services, and legal obligations.

For high-value transactions, regulated matters, or interactions that materially affect an individual's legal rights or significant interests, the Client must maintain appropriate human oversight and must not rely solely on an AI output. SocialCloser™ is not a substitute for legal, medical, financial, tax, or other regulated professional advice.

Where applicable law requires disclosure that an End User is interacting with AI, the Client must keep an appropriate AI-transparency disclosure enabled or provide an equivalent compliant disclosure. The Client may not configure SocialCloser™ to falsely claim to be human.

9. Client Data, Content, and Responsibilities

As between SocialPosterr and the Client, the Client retains its rights in Client Data. The Client grants SocialPosterr and its processors a limited, worldwide, non-exclusive right to host, copy, transmit, transform, retrieve, display, analyze, and otherwise process Client Data solely as reasonably necessary to provide, secure, support, maintain, and improve the Services in accordance with these Terms, the Privacy Policy, and Section 14.

The Client represents and warrants that it has the rights, permissions, notices, and lawful basis necessary for Client Data and for the processing instructions it gives SocialPosterr. The Client is responsible for the legality, accuracy, quality, and integrity of Client Data and for ensuring that its instructions do not violate applicable law or third-party rights.

Client Data may include contact details, messages, CRM records, qualification answers, lead stages, notes, tags, appointment information, transaction status, files, media, custom fields, and AI-generated classifications or scores. The Client controls the purposes for which this information is used in the Client's business.

SocialPosterr may create aggregated or de-identified information that does not reasonably identify a Client or individual and may use such information for security, capacity planning, product analysis, and service improvement, subject to applicable law.

10. Third-Party Platforms, Integrations, and Providers

The Services depend on third-party platforms and processors. OneGlimpse B.V. hosts and operates the underlying SocialCloser™ AI environment. Sociamonials, Inc. provides underlying social-media posting and scheduling functionality. Other processors and subprocessors may provide AI, hosting, security, authentication, storage, communications, analytics, and integration services.

When you connect a Client-Designated Service, such as your own Twilio, Stripe, Mailgun, SMTP, calendar, CRM, or other account, you instruct SocialPosterr to exchange data with that provider as needed to perform your configuration. Your separate agreement with that provider governs its processing under your account.

Third-party services, APIs, networks, and social platforms may change their features, prices, permissions, rate limits, authentication rules, or availability. SocialPosterr is not responsible for a third party's independent acts, outages, account suspensions, policy changes, data practices, or termination of an integration.

Where Google or YouTube APIs are enabled, your use is also subject to applicable Google and YouTube terms and policies. Revoking authorization to a connected provider may disable corresponding features.

11. Privacy, Cookies, and Data Protection Notices

Our Privacy & Cookie Policy, available at https://socialposterr.com/privacy, explains how SocialPosterr processes personal information for its own business purposes and how it processes Client Data on behalf of Clients. The Privacy & Cookie Policy is incorporated into these Terms by reference.

SocialPosterr uses a custom consent manager for applicable website analytics and advertising technologies. Cookie and tracking preferences can be managed through the Cookie Settings controls provided on the website.

When SocialPosterr acts as a processor or service provider for Client Data, the Data Processing Agreement in Section 14 governs that processing. The Client is responsible for providing its own privacy notices to End Users and for identifying its lawful basis for Client-controlled processing.

12. Intellectual Property and Feedback

SocialPosterr and its licensors retain all rights, title, and interest in the Services, including software, technology, user interfaces, AI systems and models, workflows, documentation, templates, designs, trademarks, service marks, logos, and improvements, except for Client Data and third-party materials.

SocialPosterr™, SocialCloser™, and related branding may not be used in a manner that implies endorsement, ownership, partnership, or sponsorship without our written permission. Third-party names and marks remain the property of their respective owners.

If you voluntarily submit feedback, suggestions, ideas, feature requests, or bug reports, you grant SocialPosterr a perpetual, worldwide, royalty-free right to use that feedback to develop and improve the Services without an obligation to compensate you, provided that we do not obtain ownership of Client Data merely because it is included in a support context.

13. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that a reasonable business person would understand to be confidential given the nature of the information and the circumstances of disclosure. Client Data is the Client's Confidential Information. Non-public security, product, pricing, roadmap, technical, and business information concerning SocialPosterr or its providers is SocialPosterr Confidential Information.

Each party will use reasonable care to protect the other party's Confidential Information and will use it only as necessary to perform or receive the Services, exercise rights under these Terms, or comply with law. Confidential Information may be disclosed to employees, contractors, professional advisers, and processors who need to know it and who are subject to appropriate confidentiality obligations.

Confidential Information does not include information that the receiving party can document was already lawfully known without restriction, becomes public through no breach of these Terms, is received lawfully from a third party without a duty of confidentiality, or is independently developed without use of the disclosing party's Confidential Information.

A party may disclose Confidential Information to comply with a valid legal demand. Where lawful and reasonably practicable, the receiving party will provide notice so the other party may seek protective relief.

14. Data Protection and Data Processing Agreement

This Section 14 is the Data Processing Agreement ("DPA") between the Client and Ai Business Developer Inc for Client Data processed by SocialPosterr as a processor, service provider, or contractor. It applies automatically when the Client accepts these Terms and does not require a separate signature unless the parties agree otherwise or applicable law requires a separately executed document.

14.1 Roles

For personal information SocialPosterr collects and uses for its own account administration, subscription billing, support, security, corporate communications, website operations, legal compliance, and similar independent business purposes, Ai Business Developer Inc generally acts as a controller or business.

For personal information contained in Client messages, contacts, CRM records, conversations, appointments, campaign workflows, and other Client Data processed to provide the Client-configured Services, the Client generally acts as controller or business and SocialPosterr acts as processor, service provider, or contractor. OneGlimpse B.V. generally acts as SocialPosterr's subprocessor for SocialCloser™ Client Data. Sociamonials may act as a subprocessor for applicable posting and scheduling functions.

14.2 Subject Matter, Purpose, Nature, and Duration

SocialPosterr processes Client Data to provide, maintain, secure, troubleshoot, support, and improve the Client-configured Services; transmit communications; maintain CRM and conversation records; perform AI-assisted processing; schedule appointments; execute Client-configured integrations and custom functions; and comply with lawful Client instructions.

The nature of processing may include collection, receipt, organization, storage, retrieval, consultation, use, analysis, AI inference, transmission, combination, restriction, export, and deletion. Processing continues during the Client's subscription and any applicable post-termination export or retention period, unless the Client lawfully instructs earlier deletion or applicable law requires retention.

14.3 Categories of Data Subjects and Personal Data

Data subjects may include the Client's prospects, leads, customers, followers, website visitors, message senders and recipients, contacts, appointment attendees, team members, and other individuals whose data the Client directs SocialPosterr to process.

Personal data may include names, email addresses, phone numbers, social-media identifiers, message content, images, audio, video, documents, conversation metadata, IP addresses, browser or device information, CRM fields, qualification answers, notes, tags, lead stages, appointment details, transaction status and amounts, custom fields, AI-generated lead scores or classifications, and other information submitted or generated through the Client's configured Services.

14.4 Documented Instructions and Client Responsibilities

SocialPosterr will process Client Data only on documented Client instructions, as necessary to provide the Services, as described in these Terms and applicable product configuration, or as required by law. The Client's account settings, integrations, campaign configurations, AI instructions, workflows, and use of the Services constitute documented instructions.

The Client is responsible for the lawfulness of its instructions, determining the purposes and legal basis of processing, providing legally required notices, obtaining required consents or permissions, and responding as controller to applicable End User rights requests.

14.5 Confidentiality

SocialPosterr will ensure that persons authorized to process Client Data on its behalf are subject to appropriate confidentiality obligations or legal duties of confidentiality.

14.6 Security Measures

SocialPosterr will maintain reasonable administrative, technical, and organizational measures appropriate to the nature of Client Data and the risks of processing. The underlying SocialCloser™ environment currently uses measures that include encryption in transit, encryption of sensitive stored credentials and integration tokens, logical access controls, restricted production access, multi-factor authentication capabilities, logging, vulnerability management, backups, incident-response procedures, and security review of relevant subprocessors.

No information system can be guaranteed absolutely secure, and the Client remains responsible for securing its credentials, devices, connected accounts, and internal access.

14.7 Subprocessors

The Client grants SocialPosterr general authorization to engage subprocessors reasonably necessary to provide the Services. SocialPosterr will require subprocessors that process Client Data on its behalf to be subject to written data-protection obligations appropriate to their role and applicable law.

Current primary subprocessors include OneGlimpse B.V. for the underlying SocialCloser™ environment and Sociamonials, Inc. for applicable social-media publishing and scheduling functions. Depending on enabled features, underlying subprocessors may provide AI processing, messaging, hosting, authentication, storage, email, diagnostics, connectivity, integrations, and related technical services.

For material additions or replacements of subprocessors that process Client Data, SocialPosterr will provide advance notice and an opportunity to object where required by applicable law. For SocialCloser™ subprocessors, the underlying processor currently provides at least 14 days' advance notice before a new subprocessor begins processing Client Data. If a reasonable data-protection objection cannot be resolved, the parties will work in good faith on an alternative; where required by applicable law, the Client may terminate the affected Service.

14.8 Client-Designated Services

A provider used through a Client-Designated Service is not automatically a SocialPosterr-selected subprocessor merely because SocialPosterr connects to it. The Client authorizes SocialPosterr to transmit Client Data to and receive Client Data from the Client-Designated Service as necessary to carry out the Client's instructions. The Client is responsible for the provider relationship, provider terms, and any controller-to-provider obligations that arise from the Client's direct account.

14.9 Data Subject and Consumer Rights Assistance

Taking into account the nature of the processing, SocialPosterr will reasonably assist the Client with access, correction, deletion, portability, restriction, objection, opt-out, and other legally applicable rights requests relating to Client Data. If SocialPosterr receives a request directly concerning Client Data for which the Client is controller, SocialPosterr may refer the requester to the Client, forward the request to the Client, or act on the Client's lawful instructions.

14.10 Security Incidents and Breach Assistance

SocialPosterr will notify the Client without undue delay, and where applicable no later than 72 hours after SocialPosterr becomes aware, of a confirmed personal-data breach affecting Client Data that requires notification under applicable processor obligations. SocialPosterr will provide information reasonably available concerning the nature of the incident, affected data, likely consequences, mitigation, and a contact point, and will reasonably cooperate with the Client's investigation and legally required notifications.

14.11 Assessments, Security, and Regulatory Assistance

Taking into account the nature of processing and information available to SocialPosterr, SocialPosterr will reasonably assist the Client with applicable data-protection impact assessments, security obligations, breach obligations, prior consultation, and similar controller duties where legally required and relevant to the Services.

14.12 Return, Export, Retention, and Deletion

Upon termination, SocialPosterr will provide available mechanisms for the Client to export Client Data and will delete or cause deletion of Client Data according to applicable product-specific retention schedules, subject to legal retention obligations and technical backup cycles.

For the SocialCloser™ environment, the standard process currently permits export for 30 days after termination. After that period, Client Data is deleted from active systems in the normal course, and disaster-recovery backups may remain for up to 90 days before aging out. Other SocialPosterr components may use different documented retention schedules, as described in the Privacy Policy or applicable product documentation.

14.13 Audit and Compliance Information

SocialPosterr will make available information reasonably necessary to demonstrate compliance with applicable processor obligations. Unless a regulator, security incident, or applicable law requires otherwise, Client audits will be limited to once per calendar year, conducted on reasonable written notice, during normal business hours, and in a manner designed to minimize disruption and protect other clients' confidential information. SocialPosterr may satisfy an audit request through current third-party reports, certifications, questionnaires, or equivalent documentation where reasonable.

14.14 International Transfers

The underlying SocialCloser™ environment currently uses core infrastructure in the European Union, including infrastructure in Poland, Germany, and Finland, while certain AI, messaging, payment, security, and integration providers may process data in the United States or other jurisdictions.

Where applicable law requires a transfer mechanism for Client Data transferred from the EEA, United Kingdom, or Switzerland to a country without an adequate level of protection, SocialPosterr will rely on applicable safeguards made available through its processors, which may include the European Commission Standard Contractual Clauses, the UK International Data Transfer Addendum, the EU-U.S. Data Privacy Framework where applicable, or another lawful transfer mechanism.

14.15 U.S. State Privacy Terms

To the extent an applicable U.S. state privacy law treats SocialPosterr as a processor, service provider, or contractor for Client Data, SocialPosterr will process that data only for the limited and specified business purposes described in these Terms and the Client's instructions; will not sell or share Client Data for cross-context behavioral advertising in its processor role; will not retain, use, or disclose Client Data outside the parties' direct business relationship except as permitted by law; will provide the level of privacy protection required of its role; and will reasonably assist the Client with applicable consumer-rights requests.

Where California law applies, SocialPosterr will not combine Client Data with personal information received from another person or collected from SocialPosterr's own consumer interaction except as permitted for a service provider or contractor under applicable law.

14.16 AI Training Restriction

Client Data processed through SocialCloser™ will not be used to train generally available AI models unless the Client expressly agrees to that use in a separate written agreement. This restriction does not prevent operation, security testing, debugging, or Client-specific personalization necessary to provide the Services, provided those activities remain consistent with the Client's instructions and applicable processor obligations.

14.17 Precedence and Survival

If this Section 14 conflicts with another provision of these Terms concerning Client Data processing, this Section 14 controls to the extent of the conflict. Processor obligations that by their nature continue after termination remain effective until applicable Client Data has been returned or deleted.

15. Security and Support

SocialPosterr uses reasonable administrative, technical, and organizational safeguards designed to protect the Services and information processed through them. Security measures evolve in response to technology, risk, and provider capabilities.

Support is provided through SocialPosterr's built-in support resources and designated communication channels. We may use Mailgun or other email infrastructure to deliver support, onboarding, service, security, and account communications.

Unless SocialPosterr signs a separate service-level agreement, no contractual uptime percentage, response-time guarantee, or service credit applies. Planned maintenance, emergency maintenance, third-party outages, API changes, internet failures, and force-majeure events may affect availability.

16. APIs, Custom Functions, Integrations, and Beta Features

Where the Services provide APIs, webhooks, custom functions, automation tools, or developer credentials, you are responsible for keeping keys and credentials secure and for the actions taken through them. We may impose rate limits, usage limits, or security restrictions and may suspend credentials we reasonably believe are compromised or abusive.

Beta, preview, experimental, or early-access features may change or be withdrawn at any time and are provided without a service-level commitment. Unless expressly stated otherwise, you should not rely on beta features for mission-critical, high-value, or regulated workflows.

17. Availability, Platform Dependencies, and Changes to Features

The Services rely on internet connectivity and third-party networks, APIs, AI providers, cloud services, telecommunications providers, social platforms, and payment providers. We do not control those systems and cannot guarantee uninterrupted compatibility or availability.

We may change technical requirements, discontinue an integration, or substitute a provider where reasonably necessary for security, legal compliance, reliability, cost, or product development. Material changes to data processing will be handled in accordance with the Privacy Policy and Section 14.

18. Disclaimers and No Professional Advice

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SOCIALPOSTERR AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SOCIALPOSTERR DOES NOT WARRANT THAT THE SERVICES, AI OUTPUTS, LEAD SCORES, APPOINTMENTS, SALES RESULTS, CONVERSION RESULTS, PLATFORM CONNECTIONS, OR THIRD-PARTY INTEGRATIONS WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETE, ACCURATE, OR SUITABLE FOR A PARTICULAR BUSINESS PURPOSE.

SocialPosterr does not provide legal, tax, accounting, medical, financial, investment, employment, compliance, or other regulated professional advice. The Client is responsible for obtaining appropriate professional advice for its business and regulatory obligations.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALPOSTERR, AI BUSINESS DEVELOPER INC, AND THEIR LICENSORS, PROCESSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SOCIALPOSTERR AND AI BUSINESS DEVELOPER INC ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY THE CLIENT TO SOCIALPOSTERR DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply regardless of the theory of liability and to the extent permitted by applicable law. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

20. Indemnification

To the maximum extent permitted by law, the Client will defend, indemnify, and hold harmless Ai Business Developer Inc, SocialPosterr, their affiliates, licensors, processors, officers, directors, employees, and agents from claims, damages, liabilities, penalties, costs, and reasonable attorneys' fees arising out of or related to: (a) the Client's use of the Services; (b) the Client's breach of these Terms; (c) Client Data; (d) the Client's products, services, campaigns, End User communications, consent practices, or regulatory obligations; (e) AI-generated content or actions the Client configures, authorizes, uses, or sends; (f) the Client's connected accounts or Client-Designated Services; or (g) allegations that Client Data or the Client's instructions infringe another person's rights.

SocialPosterr will provide reasonably prompt notice of an indemnified claim and reasonable cooperation at the Client's expense. The Client may control the defense with counsel reasonably acceptable to SocialPosterr, but may not settle a claim in a manner that admits wrongdoing by, imposes liability on, or requires non-monetary obligations from SocialPosterr without SocialPosterr's written consent.

21. Term, Suspension, Cancellation, and Termination

These Terms begin when you first accept them or use the Services and continue while you maintain an account or otherwise use the Services.

You may cancel a recurring subscription through available account controls or by contacting support. Unless a written offer states otherwise, cancellation stops future renewal and becomes effective at the end of the paid billing period.

We may suspend or terminate access if you fail to pay amounts due after reasonable notice, materially breach these Terms and fail to cure within five business days after written notice where cure is appropriate, violate the Acceptable Use Policy, create material risk to a connected platform or provider relationship, threaten security or service integrity, or if continued provision would expose SocialPosterr to material legal or regulatory risk. We may suspend immediately where reasonably necessary to protect users, data, infrastructure, or third-party platform access.

Upon termination, your right to access the Services ends, subject to any applicable export period. For SocialCloser™ Client Data, the standard export window is currently 30 days after termination, after which data is deleted from active systems in the normal course and backups may remain for up to 90 days. Other product components may have different retention schedules described in the Privacy Policy or applicable product documentation.

Sections concerning payment obligations, intellectual property, confidentiality, data protection, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive termination.

22. Changes to These Terms

We may update these Terms to reflect changes in law, regulation, security practices, the Services, providers, or business operations. For material changes, we will provide at least 30 days' notice by email, in-app notice, or another reasonable electronic method before the change takes effect, unless a shorter period is reasonably necessary to address an urgent legal, security, or platform requirement.

For non-material changes, we may post the revised Terms with an updated "Last Updated" date. If you do not agree to a material change, you may cancel before it takes effect. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

23. Export Controls, Sanctions, and Legal Compliance

You will comply with applicable export, re-export, sanctions, and import laws. You may not use the Services if doing so would cause SocialPosterr or its providers to violate applicable sanctions or export-control requirements. We may restrict or refuse Services where reasonably necessary for legal compliance.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except to the extent federal law controls. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing arbitration or litigation, the parties will attempt in good faith to resolve a dispute informally for at least 30 days after written notice describing the dispute and requested relief.

EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS AND REQUESTS FOR TEMPORARY OR INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, DATA SECURITY, OR UNAUTHORIZED ACCESS, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. THE SEAT OF ARBITRATION WILL BE SANTA ROSA COUNTY, FLORIDA, UNLESS THE PARTIES AGREE TO REMOTE PROCEEDINGS OR ANOTHER LOCATION. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

For claims not subject to arbitration, and for permitted court applications for injunctive or equitable relief, the parties consent to the exclusive jurisdiction of the state courts located in Santa Rosa County, Florida, and the United States District Court having jurisdiction over that county.

25. General Provisions

These Terms, together with the Privacy & Cookie Policy, Section 14 DPA, applicable order forms, and other documents expressly incorporated by reference, constitute the entire agreement between the parties concerning the Services and supersede prior or contemporaneous agreements on the same subject, except for a separately signed agreement that expressly controls.

A failure or delay to enforce a provision is not a waiver. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

You may not assign these Terms without our prior written consent, except in connection with a bona fide merger or sale of substantially all of your business where the successor agrees in writing to these Terms. SocialPosterr may assign these Terms in connection with a merger, reorganization, financing, acquisition, sale of assets, or transfer to an affiliate or successor.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, cloud outages, denial-of-service attacks, power failures, or third-party platform outages.

Electronic acceptance, electronic records, and electronic notices satisfy any requirement for writing to the extent permitted by law. Headings are for convenience only and do not affect interpretation.

Notices

Notices to the Client may be sent to the email address associated with the account or through an in-app notice. Legal notices to SocialPosterr should be sent to dc@socialposterr.com and may also be mailed to Ai Business Developer Inc, 4112 Parkview Street, Pace, FL 32571, United States. Privacy and data-protection notices should be sent to privacy@socialposterr.com.

26. Contact

Ai Business Developer Inc
Operating the SocialPosterr brand
4112 Parkview Street, Pace, FL 32571, United States
Email: dc@socialposterr.com
Privacy: privacy@socialposterr.com
Telephone: 850-490-2934
Website: https://socialposterr.com