Terms of Service

1. Definitions

Capitalized terms used in these Terms have the following meanings:

• "Account" means the user account you create to access the Service, authenticated via Google OAuth.
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or other ownership interests.
• "AI Models" means the artificial intelligence systems, including large language models provided by third parties such as Anthropic and OpenAI, used by the Service to process User Data and generate outputs or actions.
• "Beta Service" means the Service as provided during its early release or beta phase, which may include experimental features, bugs, or incomplete functionality.
• "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, excluding information that is publicly known, independently developed, or rightfully obtained from a third party.
• "Force Majeure Event" has the meaning set forth in Section 18.6.
• "Google Workspace Data" means any data accessed or obtained from your Google Workspace accounts (e.g., Gmail, Calendar) via OAuth authorization.
• "Intellectual Property Rights" means all patent rights, copyrights, moral rights, trademarks, trade dress, trade secrets, rights of publicity, and any other intellectual or proprietary rights recognized under applicable law.
• "Prohibited Regions" means the European Union (EU), European Economic Area (EEA), United Kingdom (UK), and any other jurisdiction where use of the Service would require compliance with data protection laws we do not support, such as the General Data Protection Regulation (GDPR).
• "Service Data" means data generated by the Service in connection with its operation, such as logs, metrics, and analytics, excluding User Data.
• "Subprocessors" means third-party service providers engaged by us to process User Data on our behalf, as listed in Section 7.3 and our Privacy Policy.
• "Subscription" means your paid access to premium features of the Service on a recurring basis.
• "User Data" means any data, content, instructions, or information you provide, upload, or input into the Service, including but not limited to tasks, notes, emails, calendar events, personal preferences, and any data from integrated third-party services.

Other terms defined elsewhere in these Terms shall have the meanings ascribed to them in those sections.

2. Eligibility and Geographic Restrictions

2.1 Age Requirement. You must be at least thirteen (13) years old to access or use the Service. If you are under eighteen (18) years old, you must have the consent of a parent or legal guardian to use the Service, and such parent or guardian agrees to be bound by these Terms and to be responsible for your actions.

2.2 Legal Capacity. By using the Service, you represent and warrant that: (a) you have the legal capacity to enter into these Terms; (b) all information you provide is accurate, current, and complete; (c) your use of the Service does not violate any applicable law, regulation, or third-party agreement; and (d) you will comply with these Terms and all applicable laws.

2.3 Geographic Restrictions. The Service is intended solely for users located in the United States and is not available to residents or nationals of the Prohibited Regions. We do not comply with the GDPR or similar data protection regimes applicable in the Prohibited Regions. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any Prohibited Region. If you access the Service from a Prohibited Region, you do so at your own risk and are solely responsible for compliance with local laws. We reserve the right to block access from any IP address or location associated with Prohibited Regions.

2.4 Export Compliance. You agree not to export, re-export, or transfer the Service or any related technology in violation of U.S. export laws or regulations, including to any embargoed country or denied person.

3. Account Registration and Security

3.1 Registration. To access the Service, you must create an Account using Google OAuth authentication. We do not support password-based accounts. During registration, you must provide accurate and complete information and keep it updated. You consent to us accessing your Google account information as necessary for authentication and Service functionality.

3.2 Account Security. You are responsible for maintaining the security of your Account credentials and for all activities that occur under your Account. You must immediately notify us at support@posthuman.app if you suspect any unauthorized access or security breach. We are not liable for any loss or damage arising from your failure to safeguard your Account.

3.3 Account Sharing Prohibited. Accounts are for individual use only and may not be shared. If we detect multiple users accessing a single Account, we may suspend or terminate it without notice.

3.4 Our Access. We may access your Account to provide support, investigate issues, or ensure compliance with these Terms, subject to our Privacy Policy.

4. Service Description and Beta Status

4.1 Description. The Service provides AI-powered automation for tasks such as managing emails, scheduling events, and processing instructions. It operates in the background, using AI Models to analyze User Data and take actions on your behalf based on your configurations. The Service integrates with Google Workspace via OAuth to read and act on your data with your consent.

4.2 Beta Status Warning. The Service is currently in beta release and is provided on an experimental basis. It may contain bugs, errors, incomplete features, or unexpected behavior. You use the Beta Service at your own risk, and we make no guarantees regarding its performance, availability, or suitability for any purpose. Features may be added, removed, or modified without notice. See Section 12 for disclaimers.

4.3 Modifications. We may modify, suspend, or discontinue any part of the Service at any time without notice or liability. This includes changing features, imposing limits, or restricting access to certain functionalities.

4.4 Availability. The Service may be unavailable due to maintenance, upgrades, or other reasons. We have no obligation to provide advance notice of downtime.

5. License Grant

During the period for which you are authorized to use the Service, and subject to your compliance with these Terms, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited, revocable license to access and use the Service for your internal personal or business purposes in accordance with your Account type and any applicable limitations. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of the Company or any third party is granted to you in connection with the Service.

6. Fees, Billing, and Subscriptions

6.1 Freemium Model. The Service operates on a freemium basis, with basic features available for free and premium features requiring a Subscription.

6.2 Pricing. Current pricing for Subscriptions is available on our website and may change at any time. We will provide reasonable notice (at least 30 days) of price increases via email or in-app notification. Continued use after a price change constitutes acceptance.

6.3 Billing. Subscriptions are billed monthly in advance via Stripe. You must provide valid payment information and authorize recurring charges. All fees are in U.S. dollars and exclusive of taxes, which you are responsible for paying.

6.4 Automatic Renewal. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing period. You may cancel via your Account settings.

6.5 No Refunds. All payments are non-refundable. We do not provide refunds or credits for partial months, downgrades, or unused time, even if you cancel mid-billing cycle or we terminate your Account.

6.6 Payment Disputes. If you dispute a charge, contact us at support@posthuman.app. Failure to pay may result in suspension or termination of your Account.

7. User Obligations and Acceptable Use

7.1 Compliance. You agree to use the Service only for lawful purposes and in compliance with these Terms, our Privacy Policy, and all applicable laws.

7.2 Prohibited Conduct. You may not:

• (a) Use the Service to violate any law, regulation, or third-party rights, including intellectual property, privacy, or publicity rights;
• (b) Transmit viruses, malware, or any harmful code;
• (c) Attempt to gain unauthorized access to our systems, other users' Accounts, or data;
• (d) Send spam, phishing, or unsolicited messages;
• (e) Impersonate any person or entity;
• (f) Interfere with the Service or impose an unreasonable load on our infrastructure;
• (g) Reverse engineer, decompile, or disassemble the Service;
• (h) Resell, sublicense, or commercially exploit the Service without our written consent;
• (i) Use the Service for competitive purposes or to build a similar product;
• (j) Input sensitive data without appropriate safeguards, or use the Service in high-risk scenarios (e.g., medical, legal, or financial advice); or
• (k) Encourage or assist others in violating these Terms.

7.3 Monitoring. We may monitor your use of the Service to detect violations and may investigate any suspected breach. We reserve the right to remove content or terminate Accounts for violations without notice.

7.4 Reporting. Report any violations or security issues to support@posthuman.app.

8. Data Processing, Subprocessors, and Integrations

8.1 User Data. You own your User Data and grant us a worldwide, non-exclusive, royalty-free license to access, use, store, process, reproduce, modify, and display it as necessary to provide and improve the Service, subject to our Privacy Policy.

8.2 AI Training Rights. We may use non-Google Workspace Data (e.g., tasks, notes, preferences) to train and improve our AI Models, unless you opt out via Account settings. Opt-out may limit Service functionality.

8.3 Google Workspace Data. We access Google Workspace Data only with your OAuth consent and use it solely to provide Service features. We will not use Google Workspace Data for AI training without your separate explicit consent. See our Privacy Policy for details.

8.4 Subprocessors. We use the following Subprocessors to process User Data, all located in the U.S.:

• Amazon Web Services (AWS): Infrastructure, computing, storage;
• MongoDB: Database services;
• Anthropic (Claude): AI processing;
• OpenAI (GPT): AI processing;
• Google: Authentication and integrations;
• Vercel: Hosting and deployment;
• Stripe: Payment processing;
• SendGrid and Resend: Email delivery.

We may add or replace Subprocessors without notice, provided they meet equivalent data protection standards. A current list is available in our Privacy Policy.

8.5 Data Location. All data processing occurs exclusively in U.S. regions.

8.6 Security. We implement reasonable security measures, including TLS encryption in transit and AES-256 at rest. See our Privacy Policy for more on data security.

9. Intellectual Property

9.1 Our IP. We or our licensors own all Intellectual Property Rights in the Service, including software, AI Models (subject to third-party terms), designs, trademarks, and Service Data.

9.2 Your IP. You retain ownership of your User Data. By providing User Data, you represent that you have all necessary rights to do so and that it does not infringe third-party rights.

9.3 Feedback. If you or any of your users provide any suggestions, ideas, or feedback regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers) under all of your Intellectual Property Rights to use and exploit such Feedback in any manner and for any purpose.

9.4 Publicity. During the term of these Terms, you grant us a non-exclusive, royalty-free, fully paid-up license to use and reproduce your trademarks, tradenames, and logos in our marketing materials and website(s) to indicate that you are a customer of the Service. We will abide by any written trademark usage guidelines you provide. All goodwill arising from such use shall inure to your benefit. You may opt out of this license by contacting us at support@posthuman.app.

9.5 No Other Rights. No other rights are granted except as expressly stated. You may not remove any proprietary notices from the Service.

10. AI Services Disclaimer

10.1 AI Limitations. The Service uses AI Models to generate responses, suggestions, and automated actions. AI outputs may be inaccurate, incomplete, biased, harmful, offensive, or inappropriate. We do not guarantee the accuracy, reliability, or suitability of any AI-generated content.

10.2 User Responsibility. You are solely responsible for reviewing, verifying, and approving all AI outputs and automated actions before relying on them. AI outputs do not constitute professional, legal, medical, financial, or other advice. Use at your own risk.

10.3 No Liability. See Section 13 for limitations on our liability related to AI use.

11. Support

11.1 Best-Effort Basis. We provide customer support on a best-effort basis only, with no guaranteed response times, resolution obligations, or service levels. Support is available via email at support@posthuman.app or in-app channels.

11.2 Modifications. We may change or discontinue support channels at any time.

12. Termination and Suspension

12.1 By You. You may terminate your Account at any time via settings. Termination does not entitle you to refunds.

12.2 By Us. We may suspend or terminate your Account or access to the Service at any time, with or without cause, including for breach of these Terms, non-payment, inactivity (over 180 days), or at our sole discretion. We will provide notice where feasible, but are not obligated to do so.

12.3 Effects of Termination. Upon termination: (a) your license to use the Service ends; (b) we may delete your User Data (subject to Section 14); (c) no refunds are provided; and (d) Sections surviving termination (e.g., 1, 8-10, 12-20) remain in effect.

12.4 Right to Refuse. We reserve the right to refuse service to anyone for any reason without notice.

13. Warranties, Disclaimers, and Limitation of Liability

13.1 No Warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES.

13.2 Beta Disclaimers. AS A BETA SERVICE, IT MAY HAVE BUGS OR FAILURES. USE IS AT YOUR OWN RISK.

13.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY.

13.4 Basis of Bargain. These limitations apply regardless of legal theory and are essential to the bargain between us.

14. Data Deletion and Retention

14.1 Deletion by You. You may delete your Account and associated User Data at any time via settings. Deletion is permanent and irreversible.

14.2 Retention. Upon deletion or termination, we will permanently delete your User Data, except we retain minimal information (e.g., email address, billing location) for up to seven (7) years as required for tax, legal, or accounting compliance. We have no obligation to maintain backups.

14.3 Inactive Accounts. We may delete Accounts inactive for over 180 days after emailing notice to your registered address.

See our Privacy Policy for more on data retention.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its Affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, damages, expenses, and costs (including reasonable attorneys' fees) arising from: (a) your use or misuse of the Service; (b) your violation of these Terms or applicable law; (c) your User Data; (d) your violation of third-party rights; or (e) any breach of your representations. We will notify you of claims and may assist in defense. You may not settle any claim without our consent.

16. Dispute Resolution

16.1 Binding Arbitration. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Delaware. The arbitrator's decision is final and enforceable in court.

16.2 Class Action Waiver. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE ON AN INDIVIDUAL BASIS.

16.3 Jury Waiver. YOU WAIVE THE RIGHT TO A JURY TRIAL.

16.4 Limitations Period. Claims must be brought within one (1) year after accrual.

16.5 Prevailing Party. The prevailing party is entitled to recover attorneys' fees and costs.

16.6 Exceptions. We may seek injunctive relief in court for Intellectual Property Rights violations without posting bond.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any non-arbitrable disputes shall be brought exclusively in state or federal courts in Delaware. You consent to personal jurisdiction and venue therein.

18. Changes to Terms

We may modify these Terms at any time by posting the updated version on our website. Changes are effective immediately upon posting. Your continued use constitutes acceptance. For material changes affecting paid Subscriptions, we will provide 30 days' notice via email. If you do not agree, terminate your Account before the changes take effect.

19. Miscellaneous

19.1 Entire Agreement. These Terms, our Privacy Policy, and any referenced documents constitute the entire agreement, superseding prior agreements.

19.2 Severability. If any provision is invalid, the remainder remains enforceable.

19.3 Waiver. No waiver is effective unless in writing.

19.4 Assignment. You may not assign these Terms without our consent. We may assign them freely.

19.5 No Agency. No partnership or agency is created.

19.6 Force Majeure. Neither party is liable for delays due to Force Majeure Events, including acts of God, war, terrorism, pandemics, strikes, or natural disasters.

19.7 Electronic Communications. You consent to electronic notices, which satisfy legal writing requirements.

19.8 Headings. Headings are for convenience only.

19.9 Survival. Sections 1, 8-10, 12-20 survive termination.

20. Contact Us

For questions, privacy and security: support@posthuman.app

By using the Service, you acknowledge reading and agreeing to these Terms.