Terms of Service

By creating an account, accessing our website, downloading our mobile application, or using any of our services, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy.

These Terms constitute a legally binding agreement between you and Yust Tech LLC. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

You must be at least 18 years of age to use our services. If you are under 18, you may only use our services with the involvement and consent of a parent or guardian.

Account Registration: You must provide accurate, current, and complete information during registration and keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

Authorized Use: Our services are provided solely for your personal or internal business use in accordance with these Terms. You may not sublicense, resell, or redistribute access to our services without our express written consent.

Account Security: You must immediately notify us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

Service Availability: While we strive to maintain continuous service availability, we do not guarantee uninterrupted access and may suspend the service for maintenance, updates, or other operational reasons.

• You may not use automated systems, scripts, or bots to access our services
• You may not attempt to gain unauthorized access to our systems or other users' accounts
• You may not interfere with or disrupt the integrity or performance of our services
• You may not use our services for any unlawful purposes or in violation of applicable laws

Your Content Ownership: You retain ownership of all content, data, and information you provide to our services ("Your Content"). This includes but is not limited to social media posts, analytics data, account information, and any other materials you submit.

License Grant: By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display Your Content solely for the purpose of providing, maintaining, and improving our services. This license terminates when you delete Your Content or close your account.

Data Processing: We process your data in accordance with our Privacy Policy. You acknowledge that we may aggregate and anonymize data for analytics and service improvement purposes, provided such aggregated data cannot identify you personally.

Third-Party Content: Our services may access and display content from third-party platforms (such as social media networks). You are responsible for ensuring you have the necessary rights and permissions to connect these accounts and track their content.

Content Standards: You represent and warrant that Your Content does not violate any applicable laws, infringe upon third-party rights, or violate these Terms. We reserve the right to remove any content that violates these standards.

Backup and Data Loss: While we implement reasonable data backup procedures, you are solely responsible for maintaining backups of Your Content. We are not liable for any loss or corruption of Your Content.

Subscription Plans: We offer various subscription plans with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time with reasonable notice.

Automatic Renewal: Paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription fee for your plan.

Payment Terms: Payment is due in advance for each billing period. You must provide valid payment information and authorize us to charge your chosen payment method. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

Free Trials: We may offer free trial periods for certain subscription plans. At the end of the trial period, you will be automatically charged for the subscription unless you cancel before the trial expires.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations take effect at the end of the current billing period, and you will continue to have access to paid features until that time.

Price Changes: We reserve the right to modify subscription fees with 30 days advance notice. Price changes will take effect at your next billing cycle after the notice period.

Taxes: You are responsible for any applicable taxes, duties, or government fees related to your use of our services, except for taxes based on our net income.

Refund Policy: Refunds are generally not available except where required by law or as specifically outlined in our refund policy available on our website.

You agree to use our services only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in any of the following activities:

Technical Violations:

• Reverse engineering, decompiling, or disassembling our software or services
• Attempting to gain unauthorized access to our systems, servers, or networks
• Using automated scripts, bots, or other automated means to access our services
• Circumventing or disabling any security features or access controls
• Introducing viruses, malware, or other harmful code

Content and Legal Violations:

• Uploading or transmitting illegal, harmful, threatening, abusive, or defamatory content
• Violating any applicable laws, regulations, or third-party rights
• Infringing upon intellectual property rights of others
• Engaging in harassment, stalking, or threatening behavior
• Distributing spam, unsolicited advertisements, or promotional materials

Platform Compliance: You must comply with all terms of service and policies of third-party platforms (including but not limited to Instagram, TikTok, Facebook, Twitter, YouTube) when connecting accounts or accessing their content through our services.

Commercial Restrictions: You may not resell, redistribute, or commercially exploit our services without express written permission. Use of our services for competitive intelligence against us is strictly prohibited.

Termination by You: You may terminate your account at any time by contacting customer support or using the account deletion feature in your settings. Upon termination, your access to paid features will continue until the end of your current billing period.

Termination by Us: We reserve the right to suspend, restrict, or terminate your access to our services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees when due
• Extended periods of inactivity
• Technical or security reasons

Effect of Termination: Upon termination of your account:

• Your access to our services will immediately cease
• All data in your account may be permanently deleted after a reasonable grace period
• Outstanding fees and charges will remain due and payable
• Provisions of these Terms that by their nature should survive will continue in effect

Data Export: Before terminating your account, you should export any data you wish to retain. We are not obligated to provide access to your data after account termination.

No Refunds: Termination does not entitle you to any refund of prepaid fees, except as required by applicable law.

Service "As Is": Our services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

No Guarantees: We make no warranty that our services will:

• Meet your specific requirements or expectations
• Be available on an uninterrupted, timely, secure, or error-free basis
• Provide accurate, reliable, or complete information
• Be free of viruses or other harmful components
• Integrate successfully with third-party platforms at all times

Third-Party Services: Our services may integrate with or depend upon third-party platforms and services. We disclaim all responsibility for the availability, accuracy, or functionality of these third-party services. Changes to third-party APIs or policies may affect our service functionality.

Data Accuracy: While we strive to provide accurate analytics and tracking information, we do not warrant the accuracy, completeness, or reliability of any data provided by our services. Social media platforms may change their data structures or access policies at any time.

Internet Dependencies: Our services depend on internet connectivity, third-party infrastructure, and external data sources. We are not responsible for service interruptions caused by factors beyond our reasonable control.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. You may have other rights which vary by jurisdiction.

Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YUST TECH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of use
• Cost of substitute goods or services
• Loss of goodwill or reputation
• Any damages arising from third-party platform changes or failures

Cap on Liability: Our total aggregate liability for all claims arising from or relating to these Terms or your use of our services shall not exceed the greater of (a) $100 or (b) the total amount paid by you to us in the twelve (12) months preceding the claim.

Basis of Bargain: The limitations and exclusions in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and even if we have been advised of the possibility of such damages.

Essential Elements: These limitations of liability are essential elements of the agreement between you and us. Without these limitations, we would not provide our services at the current pricing structure.

Time Limitation: Any claim against us must be brought within one (1) year after the cause of action arises, or such claim will be permanently barred.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Right to Modify: We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes may be necessary due to legal requirements, business changes, or service improvements.

Notice of Changes: For material changes to these Terms, we will provide at least 30 days advance notice by:

• Posting a notice on our website
• Sending an email to your registered account email address
• Displaying a prominent notice when you log into your account

Minor Changes: For non-material changes (such as clarifications, formatting, or contact information updates), we may update these Terms without advance notice, but will update the "Last Updated" date at the top of this page.

Your Acceptance: Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our services and may terminate your account.

Review Responsibility: It is your responsibility to review these Terms periodically for changes. We recommend bookmarking this page and checking it regularly.

Previous Versions: Upon request, we can provide you with previous versions of these Terms for your records.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, United States.

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to reflect the parties' intention as closely as possible.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and us regarding the subject matter hereof.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, or government action.

Contact Information: For questions about these Terms, contact us at team@trackmyposts.com or by mail at: Yust Tech LLC, 234 Smith Road, Alamo, CA 94507.