These Terms of Service ("Terms") govern your access to and use of the PostDog platform, including our website at postdog.io, applications, APIs, and all related services (collectively, the "Service") provided by PostDog Inc. ("PostDog," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.
1. Definitions
- "Account" means the account you create to access and use the Service.
- "Content" means any text, images, videos, audio, data, or other materials that you upload, submit, or transmit through the Service.
- "End User" means any individual who receives communications from you through the Service (e.g., WhatsApp messages, emails, social media interactions).
- "Platform" means the PostDog web application, mobile applications, APIs, and related services.
- "Subscription" means your paid or free plan that determines your access level and usage limits.
- "Third-Party Services" means services provided by third parties that integrate with PostDog, including WhatsApp, Facebook, Instagram, Twitter, LinkedIn, and email providers.
- "User," "you," or "your" refers to the individual or entity accessing or using the Service.
2. Account Registration and Security
2.1 Account Creation
To use the Service, you must create an account by providing accurate, complete, and current information. You must be at least 18 years old to create an account. By creating an account, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- All information you provide is accurate and truthful
- You will maintain the accuracy of your account information
2.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Enabling two-factor authentication when available
We are not liable for any loss or damage arising from your failure to protect your account credentials.
2.3 Account Types
If you create an account on behalf of an organization:
- You represent that you have authority to bind the organization to these Terms
- The organization is responsible for all account activity
- You agree to add team members only with proper authorization
3. Service Description
PostDog provides a unified marketing platform that includes:
3.1 WhatsApp Business API
- WhatsApp Business account management and phone number registration
- Message template creation and submission for Meta approval
- Two-way messaging with customers
- Broadcast messaging to opted-in contacts
- Chatbot and automation flow builder
- Contact management and segmentation
- Message analytics and reporting
3.2 Social Media Management
- Multi-platform content scheduling and publishing
- Unified inbox for messages and comments
- Social media analytics and reporting
- Content calendar and planning tools
3.3 Email Marketing
- Email campaign creation and sending
- Email template builder
- Contact list management
- Automation and drip campaigns
- Email analytics and deliverability tools
3.4 Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (with advance notice when possible)
- Emergency maintenance or security updates
- Factors beyond our control (internet outages, third-party service issues)
4. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must NOT:
4.1 Prohibited Content
- Send spam, unsolicited messages, or bulk communications to recipients who have not opted in
- Distribute illegal, harmful, threatening, abusive, harassing, defamatory, or obscene content
- Send content that promotes violence, discrimination, or illegal activities
- Distribute malware, viruses, or other malicious code
- Share content that infringes on intellectual property rights
- Send deceptive or fraudulent communications
- Distribute adult or sexually explicit content
- Send content that violates the privacy of others
4.2 Prohibited Activities
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for any illegal purpose, including fraud or money laundering
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Reverse engineer, decompile, or disassemble the Service
- Use automated means to access the Service without authorization
- Resell or redistribute the Service without authorization
- Use the Service to compete with PostDog
- Circumvent any usage limits or restrictions
- Impersonate any person or entity
4.3 Enforcement
We reserve the right to:
- Remove or disable access to any Content that violates these Terms
- Suspend or terminate accounts that violate these Terms
- Report violations to law enforcement or regulatory authorities
- Cooperate with investigations by such authorities
5. WhatsApp Business API Terms
If you use our WhatsApp Business API integration, you agree to the following additional terms:
5.1 WhatsApp Policy Compliance
You must comply with:
5.2 Opt-In Requirements
Before sending WhatsApp messages to End Users, you must:
- Obtain explicit opt-in consent from each recipient
- Clearly identify your business and the types of messages they will receive
- Provide a clear and easy opt-out mechanism
- Maintain records of consent for each recipient
- Honor opt-out requests within 24 hours
5.3 Message Templates
All template messages must:
- Be submitted for Meta approval before use
- Comply with WhatsApp's template guidelines
- Not be misleading or deceptive
- Include your business name and relevant information
5.4 Messaging Limits and Quality
- You must maintain a high-quality rating for your WhatsApp Business Account
- Messaging limits are determined by Meta based on your quality rating
- We may restrict your access if your quality rating drops or you violate policies
- You are responsible for any fees charged by Meta for WhatsApp conversations
5.5 Prohibited WhatsApp Uses
You must NOT use WhatsApp through our Service to:
- Send messages to recipients who have not opted in
- Send promotional messages without a valid template
- Engage in or facilitate illegal activities
- Harass, threaten, or abuse recipients
- Distribute malware or phishing attempts
- Violate Meta's Community Standards
When connecting social media accounts to PostDog, you agree to:
6.1 Platform Compliance
- Comply with each platform's terms of service and policies
- Use only accounts you own or are authorized to manage
- Not violate any platform's rate limits or restrictions
- Accept that platform changes may affect Service functionality
6.2 Content Responsibility
- You are solely responsible for all content posted through the Service
- You must have the rights to post any content you publish
- We are not responsible for content moderation by social platforms
6.3 Access Tokens
- You authorize us to store access tokens to perform actions on your behalf
- You may revoke access at any time through your account settings
- Revoking access may limit or disable certain Service features
7. Email Marketing Terms
When using our email marketing features, you agree to:
7.1 Anti-Spam Compliance
- Comply with CAN-SPAM Act, GDPR, CASL, and other applicable anti-spam laws
- Only send emails to recipients who have opted in
- Include a valid physical mailing address in all emails
- Provide a clear and working unsubscribe mechanism
- Process unsubscribe requests within 10 business days
- Use accurate header information and subject lines
7.2 List Management
- Maintain accurate and up-to-date contact lists
- Promptly remove invalid addresses and unsubscribes
- Not use purchased, rented, or scraped email lists
- Implement double opt-in when required by law
7.3 Sending Limits
- Respect the sending limits of your subscription plan
- Not attempt to circumvent sending limits
- Accept that we may throttle sending to protect deliverability
8. Payment Terms
8.1 Subscription Plans
- Access to the Service requires a valid subscription (free or paid)
- Plan features and pricing are described on our pricing page
- We may offer different plans with varying features and limits
8.2 Billing
- Paid subscriptions are billed in advance on a monthly or annual basis
- You authorize us to charge your payment method for all fees
- Fees are non-refundable except as expressly stated in these Terms
- You are responsible for providing accurate billing information
8.3 Price Changes
- We may change prices with 30 days' notice
- Price changes take effect at the start of your next billing cycle
- Continued use after a price change constitutes acceptance
8.4 Usage-Based Charges
- Some features may incur usage-based charges (e.g., WhatsApp conversations, additional emails)
- Usage charges are billed monthly in arrears
- You can monitor usage through your account dashboard
8.5 Taxes
All fees are exclusive of taxes. You are responsible for all applicable taxes, and we will charge taxes where legally required.
8.6 Refunds
- We offer a 30-day money-back guarantee for new customers on paid plans
- Refund requests must be submitted within 30 days of initial purchase
- Refunds are not available for usage-based charges or after the guarantee period
- Enterprise agreements may have different refund terms
9. Intellectual Property
9.1 PostDog's Intellectual Property
The Service, including all software, designs, text, graphics, logos, and other materials, is owned by PostDog or its licensors and is protected by intellectual property laws. You may not:
- Copy, modify, or distribute the Service without authorization
- Use our trademarks without written permission
- Remove any proprietary notices from the Service
- Create derivative works based on the Service
9.2 License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term.
9.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.
10. User Content
10.1 Your Content
You retain ownership of all Content you submit through the Service. By submitting Content, you grant us a worldwide, non-exclusive license to:
- Host, store, and backup your Content
- Display and distribute your Content as directed by you
- Modify your Content as necessary to provide the Service (e.g., formatting)
10.2 Content Responsibility
You are solely responsible for your Content and represent that:
- You own or have the necessary rights to the Content
- Your Content does not violate any laws or third-party rights
- Your Content complies with these Terms and applicable platform policies
10.3 Content Removal
We may remove Content that violates these Terms or applicable laws. We are not obligated to monitor Content but may do so at our discretion.
11. Data Protection
11.1 Data Processing
When you use the Service to process personal data of your End Users:
- You act as the data controller and we act as the data processor
- You are responsible for obtaining necessary consents from End Users
- You must comply with applicable data protection laws (GDPR, CCPA, etc.)
- We will process data only as instructed by you and as described in our Privacy Policy
11.2 Data Processing Agreement
For customers who require a Data Processing Agreement (DPA), we offer a standard DPA that complies with GDPR requirements. Contact us at legal@postdog.io to request a DPA.
11.3 Data Security
We implement appropriate technical and organizational measures to protect personal data, as described in our Privacy Policy.
12. Disclaimers and Warranties
12.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 No Guarantee
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- Results obtained from the Service will be accurate or reliable
- Any errors will be corrected
12.3 Third-Party Services
We are not responsible for the availability, accuracy, or policies of Third-Party Services. Your use of Third-Party Services is at your own risk and subject to their terms.
13. Limitation of Liability
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTDOG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business
- Loss of data or content
- Loss of goodwill or reputation
- Cost of substitute services
- Any other intangible losses
13.2 Liability Cap
Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.
13.3 Exceptions
These limitations do not apply to liability that cannot be excluded by law, including liability for fraud or gross negligence.
14. Indemnification
You agree to indemnify, defend, and hold harmless PostDog and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your Content or communications sent through the Service
- Your violation of any law or third-party rights
- Any claim by your End Users
15. Termination
15.1 Termination by You
You may terminate your account at any time through your account settings or by contacting support. Upon termination:
- Your access to the Service will be revoked
- Prepaid fees are non-refundable (except during the money-back guarantee period)
- You may request export of your data before termination
15.2 Termination by PostDog
We may suspend or terminate your account:
- Immediately for violation of these Terms or applicable policies
- If required by law or legal process
- If your account poses a security risk
- For non-payment after reasonable notice
- With 30 days' notice for any other reason
15.3 Effect of Termination
Upon termination:
- All licenses granted to you terminate
- You must cease all use of the Service
- We may delete your Content after a reasonable retention period (typically 90 days)
- Sections that should survive termination will continue to apply
16. Changes to Terms
We may modify these Terms at any time. When we make material changes:
- We will post the updated Terms on our website
- We will update the "Effective Date" at the top
- We will notify you by email or through the Service at least 30 days in advance
- Continued use of the Service after changes take effect constitutes acceptance
If you do not agree to the modified Terms, you must stop using the Service and terminate your account.
17. Governing Law and Disputes
17.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
17.2 Dispute Resolution
Before filing a lawsuit, you agree to try to resolve any dispute informally by contacting us at legal@postdog.io. We will try to resolve the dispute within 60 days.
17.3 Arbitration
If informal resolution fails, any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
17.4 Class Action Waiver
You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or representative proceedings.
17.5 Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or other urgent matters.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PostDog regarding the Service.
18.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
18.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
18.4 Assignment
You may not assign these Terms without our consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, strikes, or government actions.
18.6 Notices
We will send notices to the email address associated with your account. You agree to keep your email address current. Notices are considered received when sent.
If you have questions about these Terms, please contact us:
By using PostDog, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.