Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, subscribing to our Services, or otherwise accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email to the address associated with your account
• Displaying a prominent notice within the Services

Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription.

1.3 Additional Terms

Certain features or services may be subject to additional terms, which will be presented to you when you access those features. Such additional terms are incorporated into these Terms by reference.

1.4 Electronic Agreement

By using our Services, you consent to receive agreements, notices, disclosures, and other communications electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

2. Description of Services

2.1 Service Overview

Social9 is a web-based social media content creation and scheduling platform, available at app.social9.com. The Services let you generate and edit social media posts with AI, organize them on a content calendar, connect your social media accounts, and schedule posts to be published to those accounts automatically. The Services include the features, tools, and functionality described on our website.

2.2 Service Modifications

We reserve the right to:

• Modify, update, or discontinue any aspect of the Services at any time
• Add or remove features or functionality
• Change usage limits or restrictions
• Update the user interface or user experience
• Change third-party providers (including AI providers, authentication providers, and infrastructure providers)

We will endeavor to provide reasonable notice of significant changes, but are not obligated to do so. Your continued use of the Services following any changes constitutes acceptance of those changes.

2.3 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will attempt to provide advance notice when possible)
• Unscheduled maintenance or emergency repairs
• Technical issues, system failures, or force majeure events
• Third-party service provider outages (including authentication providers, AI providers, and infrastructure providers)
• Factors beyond our reasonable control

WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR UNAVAILABILITY.

2.4 Beta Features and Experiments

We may offer beta, experimental, or preview features. These features:

• Are provided "as is" without any warranties
• May be modified or discontinued at any time without notice
• May have reduced or different functionality
• Should not be relied upon for critical purposes

2.5 Connected Social Media Accounts and Publishing

You can connect accounts on Facebook, Instagram, Threads, LinkedIn, X (Twitter), TikTok, YouTube, Google Business Profile, Pinterest, Bluesky, Mastodon to the Services. By connecting an account, you:

• Authorize Social9 to publish, at the times you set, the content you or authorized members of your workspace create or approve in the Services, and to read the account information described in our Privacy Policy
• Confirm that you own the account, or are authorized by its owner (for example, as a Page admin or as an agency acting for a client) to connect it and publish to it
• Remain responsible for everything published to the account through the Services, including compliance with the platform's terms, community guidelines, advertising and branded-content disclosure rules, and music or other rights in your media

Social9 publishes through each platform's official API and does not publish anything you have not scheduled. Platforms control their APIs and may change, limit, or reject a post (for example, because of rate limits, content rules, media format, or account restrictions). We will show you when a scheduled post fails, but we do not guarantee that any post will be published at a particular time or at all. You can disconnect an account at any time, as described in our Data Deletion Instructions.

3. Account Registration and Authentication

3.1 Account Creation

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.2 Account Eligibility

To use our Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Be at least 16 years of age if located in the European Union
• Have the legal capacity to enter into a binding agreement
• Not have been previously banned or removed from our Services

3.3 Account Restrictions

• One Account Per User: Each user may maintain only one account unless explicitly authorized by us
• Non-Transferable: Accounts are personal and non-transferable. You may not share, sell, or transfer your account to any other person or entity
• Business Use: If you are using the Services for business purposes, you represent that you have authority to bind your organization

3.4 Third-Party Authentication

We offer the ability to create an account and authenticate using third-party services, including:

• Google (Google Sign-In)
• Apple (Sign in with Apple)
• Facebook (Facebook Login)
• LinkedIn (LinkedIn Sign-In)
• X (formerly Twitter)
• Phone Number / SMS Authentication
• WhatsApp Authentication

By using third-party authentication, you acknowledge and agree that:

3.5 Identity Verification

We may use third-party identity and access management services for authentication, verification, and security purposes. These services may:

• Verify your identity using the information you provide
• Perform fraud checks and risk assessments
• Store authentication tokens and session data
• Maintain security logs

You authorize us and our service providers to verify your information and perform necessary identity checks.

3.6 Account Security

You are solely responsible for maintaining the security of your account credentials and any connected third-party accounts. We are not liable for any loss or damage arising from:

• Your failure to maintain account security
• Unauthorized access due to compromised credentials
• Security breaches at third-party authentication providers
• Sharing your account or credentials with others

We recommend:

• Using strong, unique passwords
• Enabling two-factor authentication when available
• Regularly reviewing connected third-party services
• Not sharing your login credentials with anyone
• Logging out after each session on shared devices

3.7 Multiple Authentication Methods

We strongly recommend connecting multiple authentication methods to your account. If you rely on a single authentication method and that method becomes unavailable (e.g., third-party provider outage, account suspension), you may lose access to our Services, and we are not responsible for any resulting damages.

4. Subscription and Billing

4.1 Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing. Details of available plans are provided on our website. By subscribing to a plan, you agree to the pricing, features, and terms of that specific plan.

4.2 Free Trials

We may offer free trials at our discretion. Free trials:

• Are limited to one per user/payment method/household
• May require payment information to be provided upfront
• Will automatically convert to a paid subscription at the end of the trial period unless cancelled
• May be subject to additional terms and conditions
• May be terminated or modified at any time

Abuse of free trials (including creating multiple accounts) may result in immediate termination and charges.

4.3 Payment Terms

Payment Authorization: By providing payment information and subscribing to a plan, you:

• Authorize us to charge your payment method for all fees due
• Represent that you are authorized to use the payment method provided
• Agree to pay all charges at the prices in effect when incurred
• Authorize us to retry failed charges

Billing Cycle:

• Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your plan)
• Your billing cycle begins on the date of your initial subscription purchase
• Subsequent charges will occur on the same date each billing period (or the closest available date if that date does not exist in a given month)

Payment Methods: We accept payment via credit card, debit card, and other methods as displayed during checkout. All payments are processed securely by our third-party payment processor.

Currency: All prices are quoted in United States Dollars (USD) unless otherwise specified. You are responsible for any currency conversion fees charged by your payment provider.

Taxes: Prices do not include applicable taxes (VAT, sales tax, GST, etc.). You are responsible for paying all taxes associated with your subscription. We will collect taxes where legally required.

4.4 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

By subscribing, you acknowledge and agree that:

• Your subscription will automatically renew for successive periods of the same duration
• Your payment method will be automatically charged at the then-current rate
• Renewal charges will be processed within 24 hours before or after your billing date
• You are responsible for cancelling your subscription if you do not wish to renew

YOU WAIVE ANY RIGHT TO RECEIVE ADDITIONAL NOTICE OF UPCOMING RENEWALS

4.5 Price Changes

We reserve the right to change our prices at any time. For existing subscribers:

• We will provide at least 30 days' advance notice of price changes
• Price changes will take effect at the start of your next billing period following the notice
• Your continued use of the Services after a price change constitutes acceptance of the new price
• If you do not agree to the new price, you must cancel your subscription before the change takes effect

4.6 Failed Payments

If a payment fails:

• We will attempt to process the payment again
• We may retry the charge multiple times over several days using the same or updated payment information
• We will notify you of the failed payment via email
• Your access to the Services may be suspended or limited until payment is successfully processed
• We reserve the right to terminate your account after extended payment failure (typically 7-14 days)
• Late fees or collection costs may apply where permitted by law

You are responsible for ensuring your payment information is current and accurate.

4.7 Billing Disputes

If you believe you have been incorrectly charged:

• Contact us within 30 days of the charge
• Provide transaction details and reason for the dispute
• We will investigate and respond within a reasonable time

DO NOT INITIATE A CHARGEBACK WITH YOUR PAYMENT PROVIDER BEFORE CONTACTING US. See Section 6.5 for our chargeback policy.

5. Cancellation Policy

5.1 How to Cancel

You may cancel your subscription at any time through your account dashboard:

• Log in to your account
• Navigate to Account Settings → Billing
• Click "Cancel Subscription"
• Follow the prompts to confirm cancellation

Alternatively, you may contact us to request cancellation, but self-service cancellation through your account is the fastest and preferred method.

CANCELLATION REQUESTS MUST BE SUBMITTED BEFORE YOUR RENEWAL DATE TO AVOID BEING CHARGED FOR THE NEXT BILLING PERIOD.

5.2 Effect of Cancellation

Upon cancellation:

• Your subscription will remain active until the end of your current paid billing period
• You will retain full access to all features until the end of your billing period
• Automatic renewal will be disabled, and no further charges will be processed
• At the end of your billing period, your account will be downgraded or deactivated
• Your data may be deleted according to our data retention policy
• Connected third-party authentication providers will remain connected unless you disconnect them

5.3 No Partial Period Cancellation

CANCELLATION TAKES EFFECT AT THE END OF YOUR CURRENT BILLING PERIOD, NOT IMMEDIATELY.

We do not offer:

• Prorated refunds for partial billing periods
• Credits for unused time
• Early termination of billing periods

If you cancel mid-cycle, you will continue to have access for the remainder of that billing period, but will not receive a refund or credit for unused time.

5.4 Cancellation Confirmation

Upon successful cancellation, you will receive a confirmation email. If you do not receive confirmation within 24 hours, please contact us to verify your cancellation was processed.

6. Refund Policy

6.1 No Refunds

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. THIS IS A STRICT NO-REFUND POLICY.

WE DO NOT OFFER REFUNDS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO:

• Partial or unused subscription periods
• Downgrading to a lower-tier plan
• Cancellation of your subscription
• Dissatisfaction with the Services or results
• Failure to use the Services
• Changes to the Services, features, or functionality
• Technical issues, bugs, or service interruptions
• Third-party service outages (including authentication providers)
• Accidental purchases or renewals
• Forgetting to cancel before renewal
• Change in personal or business circumstances
• Deciding you no longer need the Services
• Finding alternative services
• Account suspension or termination due to Terms violations
• Any other reason

6.2 Renewal Charges

YOU ARE SOLELY RESPONSIBLE FOR CANCELLING YOUR SUBSCRIPTION BEFORE YOUR RENEWAL DATE IF YOU DO NOT WISH TO BE CHARGED.

We are not obligated to provide refunds for renewal charges, even if:

• You forgot to cancel
• You did not intend to renew
• You did not receive a renewal reminder
• You were unaware of the renewal date
• You experienced issues with your authentication or login

6.3 Billing Period End Date

Your access to paid features ends at the conclusion of your billing period. This date is:

• Displayed in your account settings under Billing
• Included in your subscription confirmation email
• The same day of each month/year that you originally subscribed

There are no extensions, credits, or partial refunds for any unused portion of your billing period.

6.4 Limited Exceptions

Refunds may be considered at our sole and absolute discretion only in the following exceptional circumstances:

• Duplicate charges resulting from a documented technical error on our systems
• Charges processed after you successfully cancelled your subscription (with documented proof of cancellation confirmation)
• Where strictly required by applicable law in your jurisdiction

Any refund requests must:

• Be submitted in writing to our support email address
• Be received within 7 days of the charge
• Include transaction details and supporting documentation
• Clearly explain why you believe an exception applies

WE RESERVE THE RIGHT TO DENY ANY REFUND REQUEST AT OUR SOLE DISCRETION. REFUND DECISIONS ARE FINAL AND NOT SUBJECT TO APPEAL.

6.5 Chargebacks and Payment Disputes

If you initiate a chargeback, payment dispute, or claim with your payment provider or bank without first attempting to resolve the issue with us:

WE STRONGLY ENCOURAGE YOU TO CONTACT US BEFORE INITIATING A CHARGEBACK. WE ARE COMMITTED TO RESOLVING LEGITIMATE BILLING ISSUES DIRECTLY AND FAIRLY.

6.6 Acknowledgment

BY SUBSCRIBING TO OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You have read, understood, and accept this no-refund policy
• All subscription fees are non-refundable under any circumstances except as stated in Section 6.4
• You waive any right to a refund not explicitly provided in Section 6.4
• The no-refund policy is a material term of this Agreement
• The self-service nature of our platform is reflected in our pricing, and this policy enables us to offer competitive rates
• You are responsible for evaluating whether the Services meet your needs before subscribing
• You are responsible for cancelling before your renewal date if you do not wish to continue

7. Acceptable Use

7.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

7.2 Prohibited Conduct

Our Acceptable Use Policy, Anti-Spam Policy and Responsible AI Policy form part of these Terms. In particular, you agree not to:

7.3 Usage Limits

Your subscription plan includes specific usage limits (e.g., number of generations, API calls, storage). You agree to:

• Stay within the limits of your subscription plan
• Not circumvent or attempt to bypass usage limits
• Upgrade your plan if you require additional usage
• Accept that unused allowances do not roll over

We reserve the right to:

• Suspend or throttle accounts that exceed their usage limits
• Charge overage fees for excessive usage (with notice)
• Modify usage limits with reasonable notice

7.4 Enforcement

We reserve the right to investigate and take appropriate action against violations of this section, including:

• Issuing warnings
• Temporarily or permanently suspending accounts
• Terminating accounts without refund
• Removing content
• Reporting illegal activities to law enforcement
• Pursuing legal remedies and damages
• Sharing information with other service providers to prevent abuse

WE MAY TAKE THESE ACTIONS AT OUR SOLE DISCRETION WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY.

8. User Content and Intellectual Property

8.1 Your Content

Ownership: You retain all ownership rights to the content you input into the Services ("Input"). We do not claim ownership of your Input.

License to Us: By using the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Process your Input to provide the Services
• Store your Input as necessary to deliver the Services
• Create anonymized, aggregated data for service improvement (see Section 8.4)

This license terminates when you delete your content or close your account, except for anonymized data and as required for legal compliance.

Your Representations: You represent and warrant that:

• You own or have the right to use all content you input
• Your Input does not infringe any third-party rights
• Your Input complies with these Terms and applicable law

8.2 AI-Generated Output

Ownership of Output: Subject to these Terms, you own the outputs generated by the Services based on your Input ("Output"). You may use Output for personal and commercial purposes.

Limitations and Acknowledgments: You acknowledge and agree that:

• Output is generated by AI and may be similar or identical to outputs generated for other users
• We do not guarantee that Output is unique, original, or free from third-party rights
• Output may contain errors, inaccuracies, biases, or inappropriate content
• You are solely responsible for reviewing all Output before use
• You are responsible for ensuring your use of Output complies with applicable laws
• Output should not be used for critical decisions without human review

No Guarantees: We make no representations or warranties regarding:

• The accuracy, completeness, quality, or reliability of Output
• The suitability of Output for any particular purpose
• Whether Output infringes any third-party rights
• The originality or uniqueness of Output

8.3 Our Intellectual Property

Social9 Property: All rights, title, and interest in the Services, including:

• Software, code, and algorithms
• AI models and training data
• User interface and design
• Trademarks, logos, and branding
• Documentation and content

remain the exclusive property of Social9 and its licensors. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services.

Restrictions: You may not:

• Copy, modify, or create derivative works of our intellectual property
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any proprietary notices
• Use our trademarks without prior written consent
• Claim any association with or endorsement by us

8.4 Aggregated Data

We may collect and use aggregated, anonymized data derived from your use of the Services for:

• Improving and developing the Services
• Creating industry reports and benchmarks
• Research and analysis
• Marketing and promotional purposes

Such aggregated data will not identify you or your specific content.

8.5 Copyright Complaints

We respond to notices of alleged copyright infringement as described in our Copyright & DMCA Policy, and close the accounts of repeat infringers in appropriate circumstances.

8.6 Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate such Feedback into the Services without compensation, attribution, or obligation to you.

9. Third-Party Services and Providers

9.1 Third-Party Service Providers

Our Services rely on various third-party providers, including:

• Payment processing (Stripe)
• Cloud infrastructure (Amazon Web Services, Cloudflare)
• AI model providers (Anthropic, OpenAI, Google, via direct APIs and OpenRouter)
• Authentication providers (Google, Apple, Facebook, LinkedIn, X, SMS/WhatsApp providers)
• The social media platforms you connect for publishing
• Analytics and monitoring services
• Email delivery (Mailazy)
• Sign-in and enterprise single sign-on (SSOJet)

9.2 Third-Party Terms

Your use of our Services may be subject to third-party terms, including:

• Payment processor terms
• Authentication provider terms
• AI provider acceptable use policies

You agree to comply with all applicable third-party terms.

9.2.1 Social Media Platform Terms

When you connect an account on a social media platform, you also agree to that platform's terms, and the platform's privacy policy applies to the data it holds:

• Facebook: Meta Privacy Policy, Meta Platform Terms
• Instagram: Instagram Privacy Policy, Meta Platform Terms
• Threads: Meta Privacy Policy, Meta Platform Terms
• LinkedIn: LinkedIn Privacy Policy, LinkedIn API Terms of Use
• X (Twitter): X Privacy Policy, X Developer Policy
• TikTok: TikTok Privacy Policy, TikTok Terms of Service, TikTok Music Usage Confirmation
• YouTube: Google Privacy Policy, YouTube Terms of Service
• Google Business Profile: Google Privacy Policy, Google Terms of Service
• Pinterest: Pinterest Privacy Policy, Pinterest Developer Guidelines
• Bluesky: Bluesky Privacy Policy
• Mastodon: Your Mastodon server's privacy policy (linked at /privacy-policy on your server)

YouTube. Social9 uses YouTube API Services. By using Social9's YouTube features, you agree to be bound by the YouTube Terms of Service. Google's use of your information is described in the Google Privacy Policy.

TikTok. By publishing to TikTok through Social9, you agree to TikTok's Music Usage Confirmation and, where you mark a post as branded content, TikTok's Branded Content Policy.

9.3 No Liability for Third Parties

WE ARE NOT RESPONSIBLE OR LIABLE FOR:

• The availability, reliability, or performance of third-party services
• Actions, omissions, or policies of third-party providers
• Data breaches or security incidents at third-party providers
• Changes to third-party services, APIs, or terms
• Termination or suspension of third-party services
• Any damages arising from third-party service issues

9.4 Third-Party Links

The Services may contain links to third-party websites or services. We are not responsible for:

• The content, accuracy, or practices of third-party sites
• Any damages arising from your use of third-party sites
• The privacy practices of third-party sites

9.5 No Endorsement

Inclusion of third-party links, integrations, or services does not imply endorsement of those third parties or their products and services.

10. Disclaimer of Warranties

10.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 General Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: Warranties that the Services are merchantable or fit for a particular purpose
• Accuracy: Warranties that the Services or Output will be accurate, complete, reliable, or error-free
• Availability: Warranties that the Services will be uninterrupted, timely, secure, or free from viruses or harmful components
• Results: Warranties regarding the results obtained from using the Services
• Non-Infringement: Warranties that the Services or Output do not infringe third-party rights
• Compatibility: Warranties that the Services will be compatible with your devices, browsers, or systems

10.3 AI-Specific Disclaimers

AI OUTPUTS ARE GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY:

• Contain errors, inaccuracies, hallucinations, or fabricated information
• Be unsuitable for certain purposes, especially professional, legal, medical, or financial advice
• Require human review and verification before use
• Not reflect current, accurate, or complete information
• Be similar or identical to outputs generated for other users
• Reflect biases present in training data
• Produce unexpected, inappropriate, or offensive content

YOU ARE SOLELY RESPONSIBLE FOR:

• Reviewing all AI-generated Output before use
• Verifying the accuracy, appropriateness, and legality of Output
• Ensuring your use of Output complies with applicable laws and professional standards
• Any decisions or actions taken based on Output
• Obtaining professional advice where appropriate (legal, medical, financial, etc.)

WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM:

• Reliance on AI-generated Output
• Errors, inaccuracies, or omissions in Output
• Use of Output for professional, legal, medical, financial, or other purposes requiring expert judgment
• Decisions made based on Output

10.4 Authentication Disclaimers

WE DISCLAIM ALL WARRANTIES REGARDING THIRD-PARTY AUTHENTICATION SERVICES, INCLUDING:

• Their availability, reliability, or security
• The accuracy or completeness of information they provide
• Their compliance with applicable laws
• Their continued operation or availability

10.5 No Professional Advice

See also our Disclaimer, including our independence from the social media platforms we publish to.

The Services do not provide professional advice of any kind. Output should not be relied upon as:

• Legal advice
• Medical or health advice
• Financial or investment advice
• Tax advice
• Professional engineering or technical advice

Always consult qualified professionals for important decisions.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIAL9, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Loss of reputation or anticipated savings
• Cost of substitute goods or services
• Damages arising from service interruptions, outages, or data loss
• Damages arising from unauthorized access to your account
• Damages arising from reliance on AI-generated Output
• Damages arising from third-party services, including authentication providers
• Damages arising from your violation of these Terms
• Personal injury or property damage related to use of the Services

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total fees you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or
• Fifty United States Dollars ($50.00)

THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF CLAIMS AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.3 Basis of the Bargain

THE LIMITATIONS OF LIABILITY IN THIS SECTION:

• Apply to all claims in the aggregate, not per incident
• Apply regardless of whether damages are foreseeable
• Represent a reasonable allocation of risk between the parties
• Are an essential element of the basis of the bargain between us
• Reflect the low cost of the Services
• Would cause these Terms to fail their essential purpose if found unenforceable

11.4 Specific Exclusions

Without limiting the foregoing, we specifically disclaim liability for:

• Loss of access due to third-party authentication issues
• Data breaches at third-party providers
• Changes to third-party services affecting the Services
• Your failure to maintain account security
• Your violation of these Terms or applicable law
• Disputes between you and third parties

11.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

12.1 Your Indemnification Obligations

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SOCIAL9, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Your Input or content submitted through the Services
• Your use, distribution, or publication of Output
• Your use of third-party authentication services
• Your failure to maintain account security
• Any dispute between you and a third party related to the Services
• Your negligence or willful misconduct
• Any claim that your use of the Services caused damage to a third party

12.2 Indemnification Procedure

We reserve the right to:

• Assume the exclusive defense and control of any matter subject to indemnification
• Select counsel of our choice
• Approve any settlement that may affect our interests

You agree to:

• Cooperate fully with our defense of such claims
• Not settle any claim without our prior written consent
• Provide us with all information and assistance reasonably requested

12.3 Survival

Your indemnification obligations shall survive termination of your account and these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through your account dashboard
• Requesting account deletion by contacting support@social9.com

Termination does not entitle you to any refund of fees paid.

13.2 Termination by Us

WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND ACCESS TO THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO:

• Violation of these Terms or any policies
• Violation of our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees or failed payment attempts
• Suspected fraud or unauthorized use
• Extended inactivity
• Request by law enforcement or government agency
• Discontinuation of the Services (in whole or part)
• Technical or security issues
• Third-party provider requirements
• Any other reason at our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Services ceases immediately
• Your license to use the Services is revoked
• We may delete your account data in accordance with our retention policies
• Connected third-party authentication services and social media accounts will be disconnected, and scheduled posts will not be published
• Any outstanding fees remain due and payable
• You must immediately cease all use of the Services

Provisions that by their nature should survive termination shall remain in effect, including: ownership and intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that should reasonably survive.

13.4 No Liability for Termination

WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SERVICES, REGARDLESS OF THE REASON FOR TERMINATION.

14. Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

BEFORE FILING ANY FORMAL LEGAL ACTION, YOU AGREE TO CONTACT US AT support@social9.com AND ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY FOR AT LEAST 30 DAYS.

Most disputes can be resolved through direct communication. Please provide:

• A detailed description of the dispute
• Your account information
• The resolution you are seeking

14.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, United States. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14.4 Class Action Waiver

YOU AND SOCIAL9 AGREE THAT ANY CLAIMS RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

YOU EXPRESSLY WAIVE ANY RIGHT TO:

• Participate in a class action lawsuit against us
• Participate in class-wide arbitration
• Participate in any consolidated, representative, or collective action
• Serve as a representative or class member in any class proceeding

This class action waiver is an essential part of this Agreement and is severable from the rest of the Agreement.

14.5 Limitation on Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT WILL BE PERMANENTLY BARRED.

This limitation applies regardless of any statute of limitations to the contrary.

14.6 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

14.7 Injunctive Relief

Nothing in this section prevents us from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Social9 regarding the Services and supersede all prior agreements, understandings, and representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision must be in writing and signed by us to be effective.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms without restriction.

15.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Social9. Neither party has the authority to bind the other.

15.6 Notices

Notices to You: We may provide notices to you by:

• Email to the address associated with your account
• Posting on our website or within the Services
• Push notification or in-app message
• Other reasonable means

You agree to keep your contact information current. Notices are effective upon sending.

Notices to Us: All notices to us must be sent to support@social9.com. Notices are effective upon actual receipt.

15.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, riots, labor disputes, government actions, pandemics, internet or telecommunications failures, power outages, third-party service provider failures, or any other force majeure event.

15.8 Export Control

You agree to comply with all applicable export and import control laws and regulations, including U.S. export controls. You may not use or export the Services in violation of these laws. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.

15.9 U.S. Government Users

If you are a U.S. government end user, the Services are provided as "commercial items" as defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation," with only those rights granted to all other users under these Terms.

15.10 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.11 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

15.12 Construction

These Terms shall not be construed against the drafting party.

16. Special Provisions for Business Users

If you use the Services on behalf of a business and Social9 processes personal data for you, our Data Processing Addendum forms part of these Terms. Our security practices are described in our Information Security Policy.

16.1 Business Use

If you use the Services for business purposes, you additionally represent and warrant that:

• You have authority to bind your organization to these Terms
• Your use complies with your organization's policies
• You will ensure all users under your account comply with these Terms

16.2 No Reliance

You acknowledge that you are not relying on any representations or warranties not expressly set forth in these Terms. You have conducted your own evaluation of the Services.

16.3 Consequential Damages Waiver

For business users, you expressly waive any claim for consequential, incidental, special, or indirect damages, lost profits, lost revenue, or lost business opportunities, regardless of the theory of liability.

17. Acknowledgments

BY USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You have read, understood, and agree to these Terms in their entirety
• You have read and agree to our Privacy Policy
• All subscription fees are non-refundable
• The Services are provided "as is" without warranties
• AI-generated outputs may contain errors and require human review
• Third-party authentication services are governed by their own terms
• Social media platforms you connect, including YouTube, are governed by their own terms, which you agree to
• We may terminate your account at any time for any reason
• You waive the right to participate in class action lawsuits
• These Terms are governed by Delaware law
• Our total liability is strictly limited as stated in these Terms

18. Contact Information

If you have any questions about these Terms, please contact us:

Social9, Inc.
201 Spear St, San Francisco, CA 94105, United States

Email: support@social9.com

Support: social9.com/support

Response Time: We aim to respond to inquiries within 1-4 business days.