
@ 2024 All rights reserved

@ 2024 All rights reserved
@ 2024 All rights reserved
# Terms of Service
**Last Updated: February 2026**
## 1. Acceptance of Terms
By downloading, installing, or using PostPilot ("the App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.
You must be at least 18 years old to create an account and use the App. By using the App, you represent that you are at least 18 years of age.
## 2. Service Description
PostPilot is an AI-powered social media management application that provides:
- **AI content generation** — captions, hashtags, and post ideas using Anthropic Claude and OpenAI
- **Photo management** — upload, organize, compress, and analyze photos with AI
- **Facial recognition** — detect and identify people in your photos for auto-tagging
- **Social media publishing** — post to Facebook Pages and Instagram Business accounts
- **Content scheduling** — schedule posts for future publication
- **Engagement analytics** — view likes, comments, shares, and impressions
- **Batch generation** — create multiple posts from a photo gallery in one session
- **Dropbox integration** — import photos from your Dropbox account
## 3. Your Account
### Registration
You must provide a valid email address and create a password to use the App. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
### Account Security
You agree to notify us immediately at borstphoto@gmail.com if you suspect unauthorized use of your account.
### Account Deletion
You may delete your account at any time from Settings > Delete Account. This permanently removes your account, profile data, posts, and server-side data. See our Privacy Policy for complete details on data deletion.
## 4. Acceptable Use
### You May
- Use the App to create and publish content to your own social media accounts
- Use AI-generated content for your personal or business social media
- Import and manage your own photos
- Use facial recognition on photos you own or have permission to use
### You May Not
- Use the App to publish content that violates any law or third-party rights
- Upload photos of people without their consent for facial recognition
- Use the App to generate or distribute harmful, deceptive, or illegal content
- Share, sell, or redistribute your account credentials
- Attempt to reverse-engineer, decompile, or hack the App
- Use the App in any way that violates Meta's (Facebook/Instagram) Terms of Service or Community Standards
- Use automated tools to interact with the App beyond its intended interface
- Impersonate others or misrepresent your identity
- Use the App to spam, harass, or send unsolicited content
### Content Guidelines
You are solely responsible for all content you create, generate, and publish through the App. While AI assists with content creation, **you must review all AI-generated content before publishing**. AI can produce inaccurate, inappropriate, or biased content. You are responsible for what you post.
## 5. Intellectual Property
### Your Content
You retain ownership of all photos, text, and other content you create or upload. By using the App, you grant us a limited, non-exclusive license to process, store, and transmit your content solely to provide the service (e.g., uploading your photo to publish it to Facebook).
### AI-Generated Content
Content generated by the App's AI features is provided for your use. You may use AI-generated captions, hashtags, and analysis for any lawful purpose. We do not claim ownership of AI-generated content created through your use of the App.
### Our Intellectual Property
The App, its design, code, features, and branding are owned by Borst Photo. You may not copy, modify, distribute, or create derivative works from the App.
## 6. Facial Recognition
### Consent
By using the facial recognition feature, you consent to the collection and processing of biometric data as described in our Privacy Policy. You represent that you have obtained consent from any individuals whose faces you scan using the App.
### Your Responsibilities
- Obtain consent from individuals before scanning their faces
- Do not use facial recognition for surveillance or unauthorized identification
- Comply with all applicable biometric data laws (including BIPA, CCPA, and GDPR)
- Delete face data for any individual who withdraws consent
### Biometric Data Rights
You may delete all face data at any time through the App. See our Privacy Policy for details on biometric data storage, retention, and deletion.
## 7. Third-Party Integrations
### Meta (Facebook & Instagram)
The App publishes content through Meta's Graph API. Your use of Facebook and Instagram is subject to Meta's Terms of Service and Community Standards. We are not responsible for actions taken by Meta on your accounts (e.g., content removal, account suspension).
### AI Services (Anthropic, OpenAI)
AI-generated content is produced by third-party AI models. These services have their own terms and may process your prompts and content according to their policies. We do not control how these services handle data beyond what is described in our Privacy Policy.
### Dropbox
Dropbox integration is subject to Dropbox's Terms of Service. We access only the files and folders you explicitly browse and select for import.
### AWS Rekognition
Face matching is performed by Amazon Web Services. Face vectors are processed according to AWS's service terms and our Privacy Policy.
## 8. Disclaimers
### "As Is" Service
The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
### AI Accuracy
AI-generated content, photo analysis, and facial recognition results may be inaccurate, incomplete, or inappropriate. **You are responsible for reviewing all AI output before use.** We do not guarantee the accuracy, quality, or suitability of any AI-generated content.
### Service Availability
We do not guarantee uninterrupted or error-free service. The App depends on third-party services (Meta, Anthropic, AWS, Supabase) that may experience outages beyond our control.
### Social Media Publishing
We are not responsible for:
- Posts that fail to publish due to Meta API issues or token expiration
- Content removed by Facebook or Instagram
- Account actions taken by Meta against your social media accounts
- Changes to Meta's API that affect App functionality
## 9. Limitation of Liability
To the maximum extent permitted by law, Borst Photo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use of or inability to use the App
- Any unauthorized access to or use of your account
- Any AI-generated content you publish
- Any third-party service failures or changes
- Any errors or inaccuracies in the App's features
Our total liability for any claims arising from your use of the App shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.
## 10. Indemnification
You agree to indemnify, defend, and hold harmless Borst Photo from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your use of the App
- Content you create, generate, or publish through the App
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your use of facial recognition features without proper consent
## 11. Payment Terms
### Free Use
The App is currently provided free of charge. We reserve the right to introduce subscription plans or usage-based pricing in the future, with reasonable notice.
### API Costs
The App uses third-party APIs (Anthropic, OpenAI, AWS) that may incur costs. These costs are currently covered by us. If this changes, we will provide notice before any charges apply to you.
## 12. Termination
### By You
You may stop using the App at any time. You may delete your account from Settings > Delete Account.
### By Us
We may suspend or terminate your account if you:
- Violate these Terms
- Use the App for illegal purposes
- Abuse the service or its resources
- Are inactive for an extended period
### Effect of Termination
Upon termination, your right to use the App ceases. We will delete your server-side data according to our Privacy Policy. Local data on your device persists until you uninstall the App.
## 13. Dispute Resolution
### Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
### Informal Resolution
Before filing any legal action, you agree to contact us at borstphoto@gmail.com and attempt to resolve the dispute informally for at least 30 days.
### Jurisdiction
Any legal action arising from these Terms shall be brought in the state or federal courts located in California. You consent to the personal jurisdiction of these courts.
### Class Action Waiver
You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class arbitration, or representative action.
## 14. Accessibility
We are committed to making PostPilot accessible to all users. The App includes:
- VoiceOver and screen reader support
- Semantic labels on interactive elements
- Sufficient color contrast for text readability
- Keyboard and assistive technology compatibility
If you encounter accessibility barriers or need accommodations, contact us at borstphoto@gmail.com.
## 15. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes through the App or by email. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.
If you disagree with any changes, you may stop using the App and delete your account.
## 16. General Provisions
- **Entire Agreement** — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Borst Photo regarding the App.
- **Severability** — If any provision is found unenforceable, the remaining provisions remain in effect.
- **Waiver** — Our failure to enforce any provision is not a waiver of that provision.
- **Assignment** — You may not assign your rights under these Terms. We may assign our rights without restriction.
- **Force Majeure** — We are not liable for failures caused by events beyond our reasonable control.
- **No Third-Party Beneficiaries** — These Terms do not create rights for any third party.
## 17. Contact Information
- **General Support**: borstphoto@gmail.com
- **Website**: https://www.borstphoto.com
- **Privacy Requests**: borstphoto@gmail.com (subject: "Privacy Request")
- **Legal**: borstphoto@gmail.com (subject: "Legal")
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By using PostPilot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
