These Terms of Service ("Terms") are an agreement between you and Khamarx LLC ("PostCherry", "we", "us"), a New Mexico limited liability company. By creating an account or using PostCherry (the "Service"), you agree to these Terms.
1. The Service
PostCherry is a software platform that helps you create, schedule, publish and analyze content on social networks and other channels, and work with your team and clients.
2. Your account
- You must be at least 18 years old and able to make a binding agreement.
- Keep your login details safe. You are responsible for everything that happens in your account.
- If you create an account for a company, you confirm you may act for that company.
3. Free trial, plans and payment
- New customers may get a 7-day free trial. A payment card is needed to start it. If you do not cancel before the trial ends, your paid plan starts and your card is charged.
- Plans renew automatically every month or year until you cancel. You can cancel anytime in your settings; the cancellation takes effect at the end of the current billing period.
- Payments are processed by Stripe. Prices do not include taxes unless stated.
- Refunds: if you are not happy, email us within 14 days of your first payment for a full refund. Renewal payments are not refunded, but you can cancel anytime so you are not charged again. Where the law gives you more rights, those apply.
- We may change prices with at least 30 days' notice. Changes apply from your next billing period.
4. Your content
You keep all rights to the content you upload or create in PostCherry. You give us permission to store, process and publish that content only as needed to provide the Service, for example to post it to the channels you choose.
You confirm you have the rights to the content you publish, including permission from your clients.
5. Social networks and third-party services
When you connect a social network (such as Facebook, Instagram, LinkedIn, X, TikTok or YouTube), you also follow that network's own terms and policies. We are not responsible for changes, limits or outages of those networks, or for actions they take on your accounts. Some features depend on access the networks give us and may change.
YouTube: PostCherry uses YouTube API Services. If you connect a YouTube channel, you agree to be bound by the YouTube Terms of Service, and Google's handling of your data is covered by the Google Privacy Policy.
TikTok: content you publish to TikTok must follow TikTok's Terms of Service and Community Guidelines, including its Music Usage Confirmation and, for paid partnerships, its Branded Content Policy.
6. Acceptable use
Do not use PostCherry to:
- break any law or the rules of any connected platform;
- send spam, run fake engagement, or impersonate others;
- publish content that is illegal, hateful, harassing, or infringes someone else's rights;
- try to hack, overload or reverse-engineer the Service or other users' data.
We may suspend accounts that break these rules.
7. AI features
AI features generate suggestions automatically and can be wrong, incomplete or similar to other content. Review AI output before you publish it. You are responsible for what you publish.
8. Open-source software
The PostCherry app is open-source software licensed under the GNU Affero General Public License v3.0 and is based on the open-source project Postiz. The license applies to the software code; these Terms apply to your use of our hosted Service.
9. Availability and changes
We work to keep PostCherry available, but we do not guarantee it will always be available or error-free. We may improve, change or remove features.
10. Ending your account
You can stop using PostCherry and delete your account at any time. We may suspend or close accounts that break these Terms or do not pay. After closing, we delete your data as described in our Privacy Policy.
11. Disclaimers and limitation of liability
The Service is provided "as is". To the extent the law allows, we are not liable for indirect or consequential damages, lost profits or lost data, and our total liability is limited to the amount you paid us in the 12 months before the claim.
12. Changes to these Terms
We may update these Terms. If the changes are important, we will tell you by email or in the app before they apply.
13. Governing law
These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-law rules. Disputes go to the state or federal courts located in New Mexico, unless the law of your country gives you the right to go to your local courts.
14. Contact
Khamarx LLC (PostCherry), New Mexico, United States. Questions about these Terms: hello@postcherry.com.