Terms of Service

1.Subject and scope of the Terms

These Terms define the content of the contract of indefinite duration, concluded electronically between the Provider and the User, for the use of the Service. These Terms apply to all users of the Service, including users on the free trial and users with a subscription.

Where these Terms refer to a consumer, this means a natural person acting outside the scope of their trade, business, craft or profession. Provisions that apply only to business users are marked as such in the text.

2.Provider details

• Name: Kiss Industries
• Legal form: Einzelfirma
• Registered office and postal address: Sundgauerstrasse 5, CH-4055 Basel, Switzerland
• UID (Swiss business identification number): CHE-356.644.168
• Registering authority: Swiss Federal Statistical Office (UID Register)
• Website: postemi.com (the same Service is offered in Hungary under the Posty brand at posty.hu)
• Contact, customer service and complaints handling (also the address for submitting complaints): [email protected]
• Hosting and infrastructure providers: see the Imprint

3.Description of the Service

Postemi is a subscription based social media scheduling software used in the browser (SaaS), with which the User can plan, write and schedule posts for several social media channels from a single interface (the channels shown as connectable on the Website at any given time). The Service also includes the content calendar, the media library and analytics, and, depending on the subscription plan, the image editor, team features and automations. The User may also share an unlisted preview link of a post with selected external collaborators, who can view the preview; commenting requires a Postemi or Posty account. The public application programming interface (API) is part of the Pro, Creator and Team plans. The MCP integration and the command line (CLI) tool are under development: they are currently not part of the Service and are not the subject of the contract when an order is placed.

The content of each subscription plan, the differences between them and the current fees are set out on the pricing page; these Terms do not repeat the fees.

3.1. Technical requirements and interoperability

Using the Service requires a continuous internet connection and an up to date, supported browser; no separate software has to be installed. The Service interoperates with the public application programming interfaces (APIs) of the social platforms, and the publication of posts follows the technical limits of the relevant platform as they apply from time to time (for example file size, format, number of characters, posting frequency). The Provider does not apply any technical protection measure (DRM) in the Service that restricts the use of content.

4.Conclusion of the contract

The contract is concluded electronically, in English. The steps of concluding the contract are: (a) completing the registration form and confirming that you have read these Terms and the Privacy Policy; (b) submitting the registration; (c) confirming your email address with the activation link sent to you; (d) confirmation that the account has been created. The contract is concluded when the creation of the account is confirmed.

You can correct data entry errors before submitting the registration by editing the form fields, and afterwards in the account settings or in a message sent to [email protected]. The Provider records the concluded contract electronically; the contract does not qualify as a contract made in writing and does not refer to a code of conduct. The Terms in force at any time are available and downloadable on this page at all times, and we will send them to you on a durable medium (by email) on request.

The User is responsible for keeping the login details of the account confidential, and bears responsibility for all activity carried out under their account, including the activity of the team members they have invited. The Service may be used by natural persons who are at least 18 years old, or by a person authorized to act on behalf of a legal person or other organization.

5.Current availability of the Service

Postemi is a live, subscription based service. The availability of individual channels and features depends on the chosen plan and on the permissions and technical limits of the connected social platforms. A feature that is under development or not yet available is part of the contract only if the ordering interface expressly marks it as part of the given plan.

6.Free trial

The Provider offers a 7 day free trial. To start the trial, the User must provide a valid means of payment (bank card), which the payment provider stores solely for the purpose of taking payment after the trial ends. During the trial, the Service can be used according to the plan selected by the User, and no fee is charged. The trial converts into a paid subscription of the plan selected at the time of ordering; before finalizing the order, the User receives express information, creating an obligation to pay, about this, about the full fee including tax and about the date of the first charge. The User may cancel free of charge at any time before the trial ends in the Billing menu; in that case no charge is made, and access to the account is restricted at the end of the trial.

7.Subscription fees, payment and billing

The available plans and the current fees are set out on the pricing page. Before the order is finalized, the Provider always displays the full fee of the plan including tax, the billing period (monthly or yearly), any fixed term, and how renewal works. The contract is concluded when the order is submitted with a button that clearly indicates an obligation to pay, and the order is confirmed.

The fee for the Service is paid through Stripe Managed Payments, in advance, at the beginning of each billing period. The merchant of record for the payment transaction is Sold through Link, LLC ("Link"), a member of the Stripe group of companies. Link is not the seller of Postemi: the seller and provider of the Service is Kiss Industries, and Link facilitates the payment transaction on behalf of Kiss Industries as seller.

In connection with the payment transaction, Link is responsible, among other things, for processing the payment, for calculating, collecting and remitting applicable sales taxes (in particular VAT) to the competent tax authorities, and for issuing the receipts related to the payment. Link's name also appears on the User's bank statement, and the Provider does not issue its own invoice for the subscription fee.

The payment terms of Link/Stripe also apply to Link's Managed Payments service and to the processing of the payment. They are available on the payment interface provided by Stripe before the payment is finalized. Kiss Industries records the gross revenue from sales of the Service as its own revenue, and reconciles the taxes, fees, refunds and payouts handled by Link/Stripe separately.

When an order is placed, the Provider records the selected plan, the billing period, and the version of the Terms and of the privacy notice that were accepted. Link sends an electronic confirmation and receipt of the payment and of the subscription.

The Service and the right to use it continue to be provided to the User by Kiss Industries as the Provider. Card details are handled directly by Stripe; the Provider has no access to them and does not store them. The subscription renews automatically at the end of the billing period unless the User cancels it before it expires.

The Provider may change the fees with effect for the future. The Provider notifies the User of a fee change by email, on a durable medium, at least 30 days before it takes effect. The changed fee applies only from the next billing period; the fee for a period already paid is not affected by the change. If the User does not accept the change, they may cancel the subscription without additional cost before the change takes effect.

8.Cancellation and termination

The User may cancel the subscription at any time, without giving reasons, in the account settings or in a message sent to [email protected]. On cancellation, the Service can be used until the end of the billing period already paid, and no further charges are made. Fees for a period already paid and started are not refunded, except under the right of withdrawal in Section 9 and the statutory claims in Section 15.

The Provider may terminate the contract with immediate effect and suspend or delete the account if the User seriously breaches these Terms, in particular if they use the Service to publish content that is unlawful, deceptive, aimed at unsolicited bulk messaging, or that violates the policies of the relevant social platforms, or if they are more than 15 days late with payment. Before terminating with immediate effect, the Provider asks the User to remedy the breach, where this can reasonably be expected given the nature of the breach.

If the contract ends for any reason, Section 2 of the Privacy Policy governs the handling and deletion of the User's data. The User may save their content themselves before the account is deleted.

9.Consumers' right of withdrawal and termination

Under Hungarian Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the Service qualifies as a distance contract for the supply of a digital service.

The consumer may withdraw from or terminate the contract without giving reasons within 14 days from the day the contract is concluded. The consumer may exercise the right of withdrawal or termination by an unequivocal statement to that effect: most simply through the online withdrawal page, or by an email sent to [email protected] or a letter sent to the postal address above. The model withdrawal form in Annex 2 to Government Decree 45/2014 (II. 26.) may also be used for this purpose. The deadline is met if the consumer sends the statement before the 14th day expires.

If the consumer expressly requests that the Provider start performance within the withdrawal period, and this request is recorded when the contract is concluded, the consumer may still exercise the right of withdrawal, but must pay a fee proportionate to the service provided up to the time the termination is communicated. The proportionate fee is calculated on the basis of the total price agreed in the contract. The consumer loses the right of termination once the service has been fully performed, if the Provider began performance with the consumer's express prior consent and the consumer acknowledged that they would lose this right once the service had been fully performed.

In the event of withdrawal or termination, the Provider refunds the amount paid by the consumer, reduced by the proportionate fee, without undue delay and at the latest within 14 days from becoming aware of the withdrawal or termination, using the same means of payment.

10.User obligations and prohibited use

The User is solely responsible for the content created, scheduled and published through Postemi. The User warrants that the content they upload (texts, images, videos, audio recordings) does not infringe the rights of third parties, including copyright, trademark and personality rights, and complies with the applicable laws and with the terms of use of the relevant social platforms as they apply from time to time.

In particular, it is prohibited to use the Service:

• for unsolicited bulk messaging (spam), automated deceptive activity or artificial reach inflation;
• to distribute content that is unlawful, incites hatred, is deceptive or likely to deceive, or otherwise violates the law;
• to publish personal data of third parties without a legal basis;
• to circumvent or reverse engineer the security measures of the Service, to overload the system, or to gain unauthorized access to the data of other users;
• to resell the Service or make it available to third parties without the Provider's prior written consent.

If the User processes personal data of third parties through Postemi (for example when publishing on behalf of their clients), the User acts as an independent controller in that respect and is responsible for meeting the data protection obligations that apply to them.

11.User content and license

The rights in content uploaded or created by the User remain with the User (or the rights holder). The Provider does not acquire ownership of the content.

By using the Service, the User grants the Provider a non exclusive, worldwide, royalty free license, limited to the extent necessary to provide the Service, to store the content, make backup copies of it, carry out the technical transformations needed for display and publication (for example resizing, format conversion), and publish it on the User's instruction and on the User's behalf on the social channels the User has connected. The license ends when the content or the account is deleted, except for posts already published, which remain on the relevant platform, and for copies that remain in backups for up to 30 days.

The software, source code, visual identity and trademarks of the Service, and the content of the postemi.com and posty.hu websites, are the intellectual property of the Provider or its licensors. For the term of the contract, the User acquires a non exclusive, non transferable, non sublicensable right to use the Service as intended.

12.Third party platforms

The Service is built on the public application programming interfaces (APIs) of third parties, including Meta Platforms (Facebook, Instagram, Threads), Google (YouTube, Google Business Profile), TikTok, LinkedIn, X and Bluesky. These platforms operate under their own terms of use, which the User accepts directly when connecting the channels, and which the User is responsible for complying with.

The Provider is not liable for errors, outages or restrictions arising from changes to, restrictions of, errors in or unavailability of third party APIs, nor for a platform unilaterally ending access, restricting the account or refusing to publish a post. In such cases the Provider takes all reasonable steps to restore operation as soon as possible and informs the User. This Section does not exclude the Provider's liability for faulty or negligent operation of its own integration.

12.1. YouTube integration

Postemi uses YouTube API Services to operate the YouTube integration. By connecting a YouTube channel and using the YouTube integration, the User agrees to be bound by the YouTube Terms of Service. If the User does not accept them, they may not connect a YouTube channel or use the integration. Information about Google's processing of data is provided in the Google Privacy Policy.

The User, or a workspace member authorized by the User, selects the YouTube channel, the video to upload, the title, description, tags, visibility, the made for kids designation, the optional thumbnail and the time of publication. Postemi carries out these operations solely on the User's instruction and does not change already published YouTube videos on its own.

The YouTube channel can be removed in Postemi at any time. The User can also revoke Postemi's access to Google data directly on the Google Account permissions page. The processing, retention and deletion of data in the YouTube integration are described in the Privacy Policy and the data deletion guide. Postemi is not part of Google's or YouTube's services, and they do not endorse or sponsor Postemi.

13.Features using artificial intelligence

The Service does not include its own text or image generation AI feature. The AI copywriter, the AI image generator and the AI agent are switched off. The Provider makes no commitment as to their availability, and if they are switched back on, it will update this Section in advance.

One feature remains that uses an external AI provider to produce content: automatic posting from a source (autopost). It is available in the paid plans and works only if the User creates an autopost rule themselves, specifies the source (an RSS feed or a web address), and switches on text or image generation in the rule. The content produced this way is a suggestion; the User must check its accuracy, lawfulness and suitability for publication before publishing it. Generated content may be inaccurate or misleading. The autopost rule can be switched off or deleted at any time. The User is responsible for the lawfulness of using the specified source and for an appropriate legal basis for any personal data of third parties it contains.

The Provider sends messages received through the customer service form to an external language model for automatic classification. No automated decision is made on the basis of the classification; the reply is always written by a human.

The User may connect their own AI agent to the Postemi MCP server and public API. This is the User's decision and setting: the User issues the API key and determines its permissions. The legal relationship with the AI provider that operates the agent is governed by that provider's own terms, and the Provider is not responsible for what the agent does with the data it retrieves.

If the User publishes image, audio or video content created or modified with artificial intelligence, it is the User's obligation to comply with the legal and platform policy requirements for labeling such content. The Provider fulfills the transparency obligations that apply to it as a provider or deployer under the applicable provisions of Regulation (EU) 2024/1689 on artificial intelligence (AI Act); these Terms do not pass those obligations on to the User.

Postemi keeps the original bytes of an image file generated by autopost unchanged, so the machine readable provenance marking embedded by the AI provider is not lost: OpenAI, which is used here, embeds C2PA provenance data (Content Credentials) and a SynthID watermark in its images. When publishing, the User must clearly label AI content that deceptively realistically depicts a real person, object, place or event, and switch on the AI or synthetic media label of the relevant platform where available (this switch is currently found in the post settings for X and TikTok).

In the generation function of autopost, the text of the source specified by the User is transmitted to an external AI provider, currently OpenAI; details, including the provider's retention periods, are set out in Section 2.8 of the Privacy Policy.

14.Availability, maintenance and changes to the Service

The Provider provides the Service with the care generally expected in the given situation, striving for continuous operation. The Provider commits to a specific service level (SLA) only in a separate written agreement. Where possible, the Provider announces planned maintenance in advance and tries to schedule it for low traffic periods.

The Provider develops the Service and may change its features. In the case of a contract with a consumer, a change to the Service that adversely affects access or use may be made only for a valid reason (in particular a change in the law, the discontinuation or change of a third party API, a security reason, or a change in the technical environment of the Service), without additional cost to the User, and with prior information given on a durable medium. In such a case the consumer may terminate the contract free of charge within 30 days of receiving the information, unless the adverse effect is only minor, or the Provider maintains access without the change at no additional cost.

15.Conformity with the contract and lack of conformity (consumers)

The Provider warrants that the Service conforms to the contract: it has the features specified in the contract and those normally expected of similar digital services, and it receives the updates, including security updates, needed to keep it in conformity for the duration of the contract. Contracts with consumers are governed by Hungarian Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between consumers and businesses for the supply of digital content and digital services.

In the event of a lack of conformity, the consumer may first request that the Service be brought into conformity (repaired) within a reasonable time, without significant inconvenience to the consumer and free of charge. If the Provider does not undertake the repair, does not complete it within a reasonable time, or the defect occurs again, the consumer may claim a proportionate price reduction or terminate the contract, provided that the defect is not minor. Please report a lack of conformity to [email protected].

This Section does not restrict the rights the consumer has under the law; no provision of these Terms may be interpreted as excluding or limiting those rights.

16.Liability

16.1. Consumers

The Provider's liability towards consumers is governed by the relevant mandatory legal provisions. The Provider does not exclude or limit its liability for breaches of contract causing harm to life, physical integrity or health, for damage caused intentionally, or in any case where the law prohibits the exclusion or limitation of liability. The Provider is not liable for damage that can be traced back to circumstances outside the Provider's reasonable control (in particular a platform error under Section 12, force majeure, or a breach of contract by the User).

16.2. Business users

Towards a User who is not a consumer, the Provider is not liable for lost profits, indirect and consequential damage, or damage resulting from loss of data. The Provider's total liability for damages, except for damage caused intentionally and breaches of contract causing harm to life, physical integrity or health, may not exceed the subscription fees actually paid by the User in the 12 months preceding the damage.

17.Data protection

The Provider processes personal data in accordance with the Privacy Policy in force at any time, in compliance with the GDPR and the Swiss Federal Act on Data Protection (revDSG, FADP). For business users, where the Provider acts as a processor on the User's behalf, the Data Processing Agreement, which forms part of these Terms, applies; it takes effect together with the contract, without a separate signature.

18.Changes to these Terms

The Provider may unilaterally amend these Terms for a valid reason, in particular a change in the law or in the practice of the authorities, the extension or discontinuation of features of the Service, a change in the terms of third parties, or a security reason. The Provider informs the User of a material amendment at least 15 days before it takes effect, on a durable medium (by email or within the application), stating the reason for the amendment, its content and the date it takes effect.

An amendment cannot apply retroactively and does not affect the fee for a fixed billing period already paid. If the User does not accept the amendment, they may terminate the contract without additional cost before it takes effect; otherwise, continued use of the Service constitutes acceptance of the amendment.

19.Illegal content and copyright notices

If you believe that content stored or shared through Postemi is unlawful, in particular because it infringes copyright or trademark rights, depicts or impersonates someone without permission, publishes personal data without a legal basis, or otherwise violates the law, you can report it at any time to [email protected]. You do not need a Postemi account to submit a notice.

Please include in the notice: the exact identification of the content concerned (preferably the share link), the reasons why it is unlawful, your name and email address, and, if the notice concerns copyright, a statement that you are the rights holder or their representative and that the notice is made in good faith and is accurate to the best of your knowledge.

We acknowledge receipt of the notice, assess it without undue delay, objectively and not arbitrarily, and inform the person who submitted it of our decision. We may remove the content or disable access to it, revoke the share link, and take action against the account under Section 8; we notify the User concerned of this, stating the reasons. We may retain the data related to the notice in order to meet our legal obligations.

20.Complaints

You may submit a complaint to [email protected] or to the postal address given in Section 2. We record the complaint and, unless the law requires a shorter deadline, reply in writing, with reasons, within 30 days of receipt. If the complaint is rejected, the reply informs you of the further remedies available.

The European Commission's online dispute resolution (ODR) platform was closed on July 20, 2025. A consumer may turn to the conciliation body (consumer dispute resolution body; in Hungary the békéltető testület) competent for their place of residence; since the Provider is not a business established in the European Union, the body concerned decides whether to conduct the procedure. The Provider has not made a general declaration of submission, but is open to taking part in such a procedure voluntarily.

21.Governing law and jurisdiction

Contracts with consumers habitually resident in Hungary are governed by Hungarian law. No provision of these Terms may deprive the consumer of the protection afforded by those provisions of the law of their country of habitual residence that cannot be derogated from by agreement (Article 6 of Regulation (EC) No 593/2008 on the law applicable to contractual obligations, "Rome I"), and these Terms do not affect the conflict of laws rules applicable to the consumer.

Given the Provider's registered office in Switzerland, jurisdiction is governed by Articles 15 to 17 of the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Accordingly, the consumer may bring proceedings against the Provider, at their choice, before the courts of the Convention state in which they are domiciled or in Switzerland, while the Provider may bring proceedings against the consumer only before the courts of the state in which the consumer is domiciled. These Terms contain no exclusive jurisdiction clause that is binding on the consumer.

Contracts with Users who are not consumers are governed by Hungarian law, and the parties submit any disputes to the jurisdiction of the Hungarian courts. The parties will first try to settle their disputes by negotiation.

Matters not regulated in these Terms are governed by the provisions of Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain issues of electronic commerce services and information society services, Government Decree 45/2014 (II. 26.) and Government Decree 373/2021 (VI. 30.).