Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding contract between you ("Customer", "you", or "your") and Oynayo Pty Ltd (ACN to be inserted) ("Oynayo", "we", "us", or "our"), the company operating the platform known as Postazo ("Service").

By creating an account, purchasing a subscription, using a free trial, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" include that organisation.

2. Description of Service

Postazo is a software-as-a-service ("SaaS") platform that enables users to create, schedule, and publish social media content across multiple third-party platforms using artificial intelligence ("AI") and automation technology. Core features may include, without limitation: AI-generated captions, image composition, multi-platform scheduling, autopilot publishing, analytics, and content calendars.

The Service is provided on an as-is basis. We may modify, suspend, or discontinue any feature or aspect of the Service at any time with reasonable notice where practicable.

3. Eligibility and Account Registration

You must be at least 18 years of age and capable of forming a binding contract under applicable law to use the Service. The Service is not directed at minors.

You agree to provide accurate, current, and complete information during registration and to keep your account details up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at admin@postazo.com if you suspect any unauthorised access to your account.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion.

4. Subscriptions, Tokens, and Billing

4.1 Subscription Plans

The Service is offered under tiered subscription plans (currently: Free, Starter, Studio, Agency), the details and pricing of which are published on our Pricing page. We reserve the right to change plan features and pricing at any time, subject to clause 22.

4.2 Token Credits

Certain operations within the Service consume token credits ("Tokens"). Tokens have no monetary value, are non-refundable (except where required by law), are non-transferable, do not expire while your account remains active, and may not be exchanged for cash or any other consideration. We reserve the right to adjust Token costs for operations.

4.3 Billing and Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annual, depending on the plan selected). By providing payment details, you authorise us to charge your payment method on each renewal date. Failure to pay may result in suspension or downgrade of your account.

4.4 Taxes

All prices are exclusive of applicable taxes (including GST where applicable under Australian law) unless expressly stated otherwise. You are responsible for any taxes applicable to your use of the Service.

5. Cancellation and Refund Policy

You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then.

We do not offer pro-rata refunds for unused subscription periods, except where required by applicable law, including the Australian Consumer Law ("ACL"). If you are an Australian consumer and believe you are entitled to a remedy under the ACL, please contact us at admin@postazo.com.

Token credits purchased separately are non-refundable once consumed. Unconsumed credits are refundable only if we terminate the Service in its entirety.

6. Acceptable Use

You must not use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Post, generate, or distribute content that is defamatory, obscene, harassing, threatening, hateful, or otherwise unlawful.
• Infringe any intellectual property, privacy, or other rights of any third party.
• Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
• Use automated tools (other than those we expressly provide) to scrape, crawl, or extract data from the Service.
• Introduce malware, viruses, or other malicious code into the Service or our systems.
• Circumvent, disable, or interfere with security-related features of the Service, including features that enforce plan limitations.
• Resell, sublicense, or otherwise make the Service commercially available to third parties without our express written consent.
• Use the Service in a manner that could damage, disable, overburden, or impair our servers or networks.
• Generate or publish spam, unsolicited messages, or engage in phishing, scamming, or other deceptive practices.

We reserve the right to remove any content and suspend or terminate any account that we reasonably believe violates these restrictions, without prior notice.

7. AI-Generated Content

7.1 Nature of AI Output

The Service uses large language models and AI image-generation systems operated by third-party providers. AI-generated content ("AI Output") may be inaccurate, incomplete, offensive, or otherwise unsuitable for your intended purpose. You are solely responsible for reviewing, editing, approving, and publishing all content generated by the Service.

7.2 Autopilot Mode

Certain plans allow the Service to automatically publish content to connected social media platforms without manual approval ("Autopilot"). By enabling Autopilot, you acknowledge and accept the risk that content may be published without your prior review. Oynayo accepts no liability for content published via Autopilot.

7.3 Ownership of AI Output

Subject to your compliance with these Terms, you own the AI Output generated in connection with your account. You grant Oynayo a limited, non-exclusive licence to process, store, and transmit AI Output solely to provide the Service.

7.4 No Warranties on AI Output

We make no representations or warranties regarding the accuracy, reliability, completeness, or fitness for purpose of any AI Output. You should not rely on AI Output for legal, medical, financial, or other professional advice.

8. Third-Party Social Platforms and APIs

The Service connects to third-party social media platforms (e.g., Instagram, Facebook, LinkedIn, X/Twitter, TikTok) via their APIs ("Third-Party Platforms"). Your use of Third-Party Platforms is subject to their own terms of service and community guidelines. Oynayo is not affiliated with, endorsed by, or responsible for any Third-Party Platform.

Third-Party Platforms may at any time restrict, revoke, or modify API access, causing features of the Service to become unavailable or degraded. Oynayo accepts no liability for any loss caused by changes to Third-Party Platform APIs or policies.

You represent and warrant that your use of the Service to publish content to Third-Party Platforms complies with those platforms' terms and applicable law.

9. Third-Party Content Sources

The Service may allow you to import or reference content from third-party sources (including websites, RSS feeds, and stock image libraries). You are responsible for ensuring you have the rights to use any such content. Oynayo accepts no liability for third-party content or for any intellectual property claims arising from your use of such content.

10. Intellectual Property

10.1 Our IP

All rights, title, and interest in and to the Service, including software, design, trademarks, logos, and documentation, are owned by or licensed to Oynayo. Nothing in these Terms transfers any intellectual property rights to you, other than the limited licence to use the Service in accordance with these Terms.

10.2 Your Content

You retain ownership of any content you upload, provide, or create using the Service ("Your Content"). By using the Service, you grant Oynayo a non-exclusive, worldwide, royalty-free licence to host, store, process, and transmit Your Content solely for the purpose of providing the Service to you.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Oynayo the right to use such feedback without restriction or compensation to you.

10.4 Copyright Takedown

If you believe your copyright has been infringed by content on the Service, please contact admin@postazo.com with details of the alleged infringement. We will investigate and respond as required by applicable law.

11. Data, Privacy, and Security

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Service, you consent to the processing of your personal information as described therein.

We implement commercially reasonable technical and organisational measures to protect data stored in connection with the Service. However, no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

To the extent you provide us with personal data of third parties (e.g., your social media audience data), you represent that you have obtained all necessary consents and comply with all applicable privacy laws.

12. Service Availability and Maintenance

We aim to provide a high level of service availability but do not guarantee uninterrupted or error-free access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, unplanned outages, force majeure events, or third-party service failures.

We will use reasonable endeavours to provide advance notice of scheduled downtime. Oynayo accepts no liability for any loss or damage caused by unavailability of the Service.

13. Watermarks and Branding

Content generated through the Service on a free plan (with no prior paid subscription or token top-up purchase) will have a Postazo watermark applied before publication. By using the Service on such a plan, you consent to the application of this watermark.

Watermarks are not applied to content generated under any paid subscription plan (Starter, Studio, or Agency) or if you have purchased additional token credits. You must not attempt to remove or obscure a watermark by technical means where your account is not watermark-exempt.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without any warranty of any kind, whether express, implied, statutory, or otherwise. Oynayo expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that: (a) the Service will meet your specific requirements; (b) content published via the Service will achieve any particular reach, engagement, or business outcome; (c) AI Output will be accurate, original, or free from third-party intellectual property claims; or (d) the Service will be compatible with all devices and operating systems.

Nothing in these Terms limits any consumer guarantee rights you may have under the ACL that cannot lawfully be excluded.

15. Exclusion of Consequential Loss

To the maximum extent permitted by law, Oynayo, its officers, employees, contractors, agents, and suppliers will not be liable for any:

• Loss of revenue, profit, or anticipated savings;
• Loss of business, contracts, or opportunities;
• Loss of goodwill or reputation;
• Loss or corruption of data;
• Loss arising from reliance on AI-generated content;
• Loss arising from third-party platform API changes or outages;
• Loss arising from content published (or not published) via the Autopilot feature;
• Any indirect, special, incidental, or consequential loss or damage;

arising out of or in connection with these Terms or the use (or inability to use) the Service, even if Oynayo has been advised of the possibility of such loss.

16. Limitation of Liability

To the maximum extent permitted by law, Oynayo's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service — whether in contract, tort (including negligence), statute, or otherwise — is limited to the greater of:

• The total fees actually paid by you to Oynayo in the three (3) calendar months immediately preceding the event giving rise to the claim; or
• AUD $100.

Where the ACL or other applicable legislation implies guarantees that cannot be excluded, and where Oynayo is permitted to limit its liability, Oynayo's liability is limited, at its option, to re-supplying the relevant services or paying the cost of having the services re-supplied.

17. Indemnification

You agree to indemnify, defend, and hold harmless Oynayo and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms;
• Your Content or AI Output that you approve and publish;
• Your infringement or alleged infringement of any third-party intellectual property or privacy rights;
• Your violation of any applicable law or third-party platform terms; or
• Any claim by a third party arising from content you publish via the Service.

18. Termination

18.1 By You

You may terminate your account at any time by cancelling your subscription via your account settings and ceasing use of the Service. Termination does not entitle you to a refund except as expressly set out in clause 5.

18.2 By Us

We may suspend or terminate your account immediately and without prior notice if: (a) you breach these Terms; (b) we are required to do so by law or a court order; (c) we reasonably suspect fraudulent activity; or (d) you fail to pay any amounts due.

18.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. We may delete Your Content and account data after a reasonable retention period (typically 30 days), subject to our legal obligations. Clauses that by their nature should survive termination (including clauses 7, 10, 14, 15, 16, 17, 20, and 23) will do so.

19. Force Majeure

Oynayo will not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond Oynayo's reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, pandemic, failure of third-party internet or cloud infrastructure, or third-party API outages.

20. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms will first be referred to informal negotiation. If unresolved within 30 days, the dispute will be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia. You irrevocably submit to the personal jurisdiction of those courts.

Nothing in this clause prevents Oynayo from seeking urgent interlocutory relief in any jurisdiction.

21. Privacy Law Compliance

21.1 Australian Privacy Act

We handle personal information in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Details are set out in our Privacy Policy.

21.2 GDPR (European Users)

Where the General Data Protection Regulation (EU) 2016/679 ("GDPR") applies to your use of the Service, we process your personal data in accordance with the GDPR as described in our Privacy Policy, including details of data transfers, lawful bases for processing, and your rights as a data subject.

21.3 CCPA (California Users)

If you are a California resident, you may have additional rights under the California Consumer Privacy Act. Please refer to our Privacy Policy for details.

22. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will provide at least 14 days' notice by email to the address associated with your account or by prominent notice within the Service. Your continued use of the Service after the notice period constitutes acceptance of the revised Terms. If you do not agree to the changes, you must cancel your subscription and cease using the Service before the changes take effect.

23. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy and any order form or subscription confirmation, constitute the entire agreement between you and Oynayo regarding the Service and supersede all prior agreements, representations, and understandings.
• Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• Waiver. Failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that provision.
• Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Oynayo may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon notice to you.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Oynayo.
• No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any third party.
• Language. These Terms are written in English. Any translated version is provided for convenience only; the English version prevails in case of conflict.

24. Contact

For questions, notices, or complaints regarding these Terms, please contact: