--- title: "Terms of Service for PostSimple" description: "Read the terms of service of PostSimple." url: https://postsimple.app/en/terms-of-service source: PostSimple (https://postsimple.app) language: en --- The fine print Terms of Service PostSimple ============================= De dienst “PostSimple” wordt via internet aangeboden door Codemolen V.O.F., gevestigd te Meppel en ingeschreven bij de Kamer van Koophandel onder nummer 70632421 (hierna: “PostSimple”). Door gebruik te maken van PostSimple verklaart de gebruiker kennis te hebben genomen van en akkoord te gaan met deze gebruiksvoorwaarden. Afwijkingen van deze voorwaarden zijn slechts geldig indien deze door PostSimple schriftelijk zijn bevestigd. Terms of Use PostSimple ----------------------- The service “PostSimple” is offered via the internet by Codemolen V.O.F., gevestigd in Meppel and registered with the Dutch Chamber of Commerce under number 70632421 (hereinafter: “PostSimple”). By using PostSimple, the user declares to have taken note of and to agree with these terms of use. Deviations from these terms are only valid if confirmed in writing by PostSimple. #### Article 1. Definitions and applicability **1.1** In these terms of use, the following definitions apply: - Service: the SaaS service PostSimple, including the associated software, applications, websites, and all other functionalities offered by PostSimple. - User: any natural person or legal entity that has registered for or otherwise uses the Service. - Agreement: the legal relationship between PostSimple and the User regarding the use of the Service. - Account: the personal or business access environment of the User through which access to the Service is obtained. - Terms: these terms of use, as amended from time to time. **1.2** These Terms apply to any use of the Service and to all Agreements between PostSimple and the User. **1.3** The Service is intended exclusively for business use. The User declares to act in the course of a profession or business. Consumer legislation does not apply. **1.4** If the User applies general terms and conditions, these are expressly not applicable unless otherwise agreed in writing. #### Article 2. Use of the Service **2.1** PostSimple is an online Software-as-a-Service (SaaS) platform that enables users to create, schedule, and publish social media posts, including AI-supported content generation, image editing, and multi-channel publishing. In addition, the Service offers functionalities for managing social media accounts, templates, campaigns, statistics, and integrations with external platforms. **2.2** For the duration of the Agreement, PostSimple grants the User a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms and solely for internal business purposes or personal use, depending on the selected subscription model. **2.3** The User is not permitted to use the Service for acts that are contrary to applicable laws and regulations, public order, or the rights of third parties. This includes, but is not limited to: - storing or distributing information that is defamatory, discriminatory, unlawful, or infringes intellectual property rights of third parties; - sending unsolicited messages (spam) or other forms of abuse of communication functionalities; - manipulating or circumventing security mechanisms of the Service. **2.4** In the event of a violation of these Terms, PostSimple is entitled to take measures, including suspending or terminating access to the Service, without being liable for any compensation. **2.5** PostSimple may apply reasonable usage limits, including but not limited to storage space, API traffic, and processing capacity. In the event of structural exceedance, PostSimple may limit usage, propose an additional fee, or (temporarily) suspend access. **2.6** Use of external integrations is subject to the terms and conditions of the relevant platforms (such as Meta, LinkedIn, or other third parties). PostSimple is not liable for the consequences of changes, suspension, or termination of services by such third parties. The User guarantees compliance with applicable platform rules, anti-spam policies, and other third-party terms. **2.7** Content generated in whole or in part by artificial intelligence is provided “as-is”. PostSimple does not guarantee that such content is correct, complete, or lawful. The User remains fully responsible for review, assessment, publication, and compliance with applicable laws and regulations, including intellectual property rights and portrait or privacy rights of third parties. **2.8** The User indemnifies PostSimple against claims by third parties arising from content processed or published by the User, including but not limited to infringements of intellectual property rights and unlawful expressions. **2.9** The User is not permitted to copy, analyze, or use the Service or any derived information, functionality, or structure, in whole or in part, for the development, offering, or support of a service competing with PostSimple. Reverse engineering, decompilation, scraping, systematic analysis, or reuse of parts of the Service is expressly prohibited, unless mandatory law provides otherwise. Violation of this article constitutes an attributable breach that may result in immediate termination and liability for damages. #### Article 3. Registration and account security **3.1** To use the Service, the User must register and create an Account. After registration, the Account is automatically activated. **3.2** The User is responsible for maintaining the confidentiality of login credentials and the security of the Account. Sharing login credentials with third parties is not permitted. **3.3** The User must activate and use two-factor authentication (2FA) as offered by PostSimple. Failure to comply may result in restricted access to the Service. **3.4** PostSimple may assume that actions performed from an Account are carried out under the responsibility and supervision of the User of that Account. The User is liable for all actions carried out via the Account, unless unauthorized access has been reported in a timely manner. **3.5** Personal data is processed within the Service, including names, address details, email addresses, social media tokens, and payment details. This processing takes place in accordance with applicable laws and regulations and the PostSimple privacy policy. #### Article 4. Fees and payment **4.1** For the use of the Service, the User owes a periodic fee in accordance with the subscription model chosen by the User. PostSimple offers both monthly and annual subscriptions. **4.2** The subscription fees due are invoiced in advance for the relevant subscription period and must be paid in accordance with the payment instructions provided by PostSimple. **4.3** All stated prices are exclusive of VAT and other government-imposed levies, unless expressly stated otherwise. **4.4** No trial period or free account is offered unless PostSimple explicitly and in writing determines otherwise. **4.5** The User may terminate the subscription subject to a notice period of one month prior to the renewal date of the subscription. Termination must be made in writing or via the digital environment provided by PostSimple for this purpose. **4.6** In the event of late payment, the User is in default without further notice of default, and PostSimple is entitled to charge statutory commercial interest. All reasonable costs incurred to obtain payment out of court shall be borne by the User. **4.7** PostSimple is entitled to deny or restrict the User’s access to the Service in the event of payment arrears, without being obliged to provide any refund or compensation. **4.8** Prices may be changed by PostSimple. If the User does not accept the amended prices, the User has the right to terminate the Agreement as of the date the new prices take effect. **4.9** For business customers within the European Union outside the Netherlands, VAT is reverse-charged, provided the User supplies a valid VAT identification number. If no valid number is provided, PostSimple is entitled to charge Dutch VAT. **4.10** Amounts paid for commenced periods are non-refundable. Unjustified chargebacks or reversals are not permitted and constitute an attributable breach. Any costs and administrative expenses incurred by PostSimple in this context will be charged to the User. PostSimple reserves the right to immediately suspend access to the Service in the event of a chargeback or reversal until the full amount due, including any costs, has been paid. #### Article 5. Availability, maintenance, and support **5.1** PostSimple guarantees a minimum availability of 99.8% per calendar year, excluding announced maintenance and force majeure. **5.2** Announced maintenance is published via the Service dashboard. In the event of urgent maintenance or incidents, PostSimple may temporarily interrupt the Service without prior notice; the User will be informed afterward or, where possible, by email. **5.3** PostSimple may modify or extend the functionality of the Service from time to time. PostSimple independently decides which changes are implemented and announces material changes in a timely manner. **5.4** Support is provided via email (ticket system). Availability and response times depend on the subscription model. **5.5** PostSimple applies appropriate continuity measures, including periodic backups. Without a specific SLA, no performance guarantees apply; recovery point (RPO) and recovery time (RTO) are based on reasonable efforts obligations. **5.6** The User is obliged to first report any issues, malfunctions, or complaints via the support channels provided by PostSimple and to give PostSimple a reasonable opportunity to investigate and resolve them. If the User fails to do so and independently takes measures, engages third parties, or escalates the situation outside the support procedure, PostSimple is entitled to temporarily suspend the Account, regardless of whether payments are up to date, until the situation is reasonably restored. #### Article 6. Intellectual property and data processing **6.1** All intellectual property rights relating to the Service, including but not limited to software, source code, designs, texts, databases, trade names, and domain names, vest in PostSimple or its licensors. Nothing in the Agreement is intended to transfer any intellectual property rights to the User. **6.2** The User only acquires the rights and powers expressly granted in these Terms or the Agreement. The User is not permitted to copy, modify, translate, decompile, reverse engineer, or otherwise use the Service or any part thereof beyond the agreed purposes. **6.3** All data stored or processed by the User using the Service remains the property of the User. PostSimple only acquires a non-exclusive, non-transferable right to process such data insofar as necessary for the performance of the Agreement. **6.4** PostSimple may use anonymized and aggregated data for statistical purposes, analyses, product improvement, and AI development, provided that such data cannot be traced back to individual Users or natural persons. #### Article 7. Processing of personal data (Data Processing Agreement) **7.1** To the extent that PostSimple processes personal data on behalf of the User in the context of the Agreement, PostSimple acts as a processor and the User as the controller within the meaning of the General Data Protection Regulation (GDPR). **7.2** PostSimple will process personal data solely in accordance with the written instructions of the User and the provisions of the Agreement, unless a statutory provision provides otherwise. **7.3** PostSimple implements appropriate technical and organizational measures to secure personal data against loss or unlawful processing. **7.4** PostSimple may engage sub-processors for processing, provided that such sub-processors are bound by obligations equivalent to those set out in these Terms. In the event of transfer outside the European Economic Area, PostSimple will implement appropriate safeguards, such as standard contractual clauses or adequacy decisions. **7.5** PostSimple will assist the User in fulfilling its obligations under the GDPR and will notify the User of personal data breaches without undue delay and no later than 72 hours after becoming aware of them, including the information known at that time. **7.6** The User has the right, under reasonable conditions and subject to confidentiality, to conduct or have conducted audits regarding PostSimple’s compliance with this article. Any costs incurred by PostSimple in connection with such an audit shall be borne by the User. **7.7** After termination of the Agreement, the User may request export of its data in a commonly used format within 30 days. PostSimple may charge a reasonable fee for this. After this period, PostSimple may delete the data from active systems, subject to statutory retention obligations and regular backup cycles. **7.8** Log files and security logs may be retained longer for security and compliance purposes. #### Article 8. Confidentiality **8.1** The parties shall keep all confidential information obtained in the context of the Agreement strictly confidential and use it solely for the purpose for which it was provided. Information is considered confidential if designated as such by the disclosing party or if this follows from the nature of the information. **8.2** The obligation of confidentiality does not apply to information that: a) was already public at the time of disclosure; b) was lawfully obtained from a third party without a confidentiality obligation; c) was independently developed by the receiving party without using the other party’s confidential information; or d) must be disclosed pursuant to a statutory obligation or court order. #### Article 9. Liability and force majeure **9.1** The total liability of PostSimple for an attributable breach is limited to the amount paid by the User for the subscription during the most recent subscription period preceding the damage-causing event. **9.2** PostSimple is not liable for indirect damage, consequential damage, loss of profit, lost savings, damage due to business interruption, reputational damage, or claims by third parties. **9.3** The liability limitations in this article do not apply in the event of intent or willful recklessness on the part of PostSimple. **9.4** Damage must be reported to PostSimple in writing within two (2) months after discovery, failing which any claim shall lapse. **9.5** PostSimple is not liable in the event of force majeure. Force majeure includes, among other things, disruptions or failures of internet or telecommunications infrastructure, power outages, riots, mobilization, war, blockades, strikes, fire, flooding, import and export restrictions, and circumstances in which PostSimple’s suppliers are unable to meet their obligations. #### Article 10. Term, termination, and suspension **10.1** The Agreement enters into force at the moment of receipt of the first successful payment by the User. **10.2** The initial term is one month or one year, depending on the chosen subscription model. **10.3** After expiry of the initial term, the Agreement is automatically renewed for successive periods of equal duration, unless terminated in a timely manner in accordance with Article 4.5. **10.4** PostSimple may suspend access to the Service or terminate the Agreement with immediate effect in the event of breach of these Terms, misuse, non-payment, or chargeback, without being obliged to provide any refund. **10.5** Termination of the Agreement does not release the User from payment obligations already incurred. **10.6** PostSimple is entitled to terminate the Agreement, for its own reasons and without being obliged to state such reasons, subject to a reasonable notice period. In that case, the User is entitled to a pro rata refund of the prepaid subscription fee for the remaining subscription period. PostSimple is not liable for any damage arising from such termination. #### Article 11. Beta features and open-source components **11.1** Certain functionalities may be offered as beta features. These features are provided “as-is”, may be changed or discontinued without notice, and are not covered by availability or support guarantees. **11.2** The Service may contain open-source components. The applicable open-source licenses apply to these components and take precedence over these Terms insofar as they conflict. #### Article 12. Amendments **12.1** PostSimple may amend or supplement these Terms and its prices at any time. **12.2** Amendments take effect at the time of publication via the Service or the website, unless stated otherwise. **12.3** If the User does not wish to accept the amended Terms, the User may terminate the Agreement as of the date the amendments take effect. Continued use of the Service after that date constitutes acceptance. #### Article 13. Governing law and disputes **13.1** These Terms and the Agreement are governed exclusively by Dutch law. **13.2** Disputes between the parties shall be submitted to the competent court in the district of Noord-Nederland, location Meppel. **13.3** Notices may be validly sent by email, provided that the origin and integrity of the messages can reasonably be established. **13.4** If any provision of these Terms proves to be void or voidable, the remaining provisions shall remain in full force and effect. In such case, the parties shall consult to agree on a new provision that most closely reflects the intent of the original provision. **13.5** In the event of discrepancies between different language versions of these Terms, the Dutch version shall prevail. #### Article 14. Code of conduct **14.1** The User must behave in a businesslike and respectful manner in all communications with PostSimple, including contact with the support department. Insulting, discriminatory, intimidating, or otherwise inappropriate expressions will not be tolerated. **14.2** If the User fails to comply with this code of conduct, PostSimple is entitled, at its discretion and depending on the severity of the situation, to issue warnings, temporarily suspend support, (temporarily) suspend access to the Service, or terminate the Agreement, without refund of subscription fees. **14.3** This applies regardless of whether the User has fulfilled its payment obligations.