Terms of Service

1. Who you are contracting with

PostSwarm (“the Service”, “we”, “us”) is operated by [FULL NAME], [ENTITY - either “a sole trader (jednoosobowa działalność gospodarcza) registered in Poland” or “an individual conducting unregistered business activity (działalność nierejestrowana) in Poland”], [STREET ADDRESS], [POSTAL CODE] [CITY], Poland. NIP [NIP]. [REGON [REGON] - delete this if you are not registered in CEIDG.] Contact: support@postswarm.app.

These Terms are the whole agreement between you and us for use of the Service. By creating an account you accept them. If you do not accept them, do not use the Service.

2. Eligibility and your account

You must be at least 18 years old, or 16 with the consent of a parent or guardian, and legally able to enter into this agreement. If you register on behalf of a company you confirm you are authorised to bind it.

You are responsible for everything done under your account and for keeping your password secret. Tell us promptly at support@postswarm.app if you believe someone else has gained access.

3. What the Service does - and does not do

The Service lets you design templates, generate written copy with the help of an AI model, render those into slideshow images, organise an image library, and schedule the results.

We deliver finished slideshows to the drafts of a TikTok account you have connected. We do not publish them. Nothing reaches a public audience until you open TikTok and post it yourself. Scheduling in the Service controls when a draft is prepared and delivered, not when anything goes live.

We may change, add or remove features. If a change materially reduces what a paid plan provides, we will tell you before it takes effect and you may cancel under section 9.

4. Acceptable use

You agree not to use the Service to:

• break any law, or infringe anyone’s copyright, trade mark, privacy or personality rights;
• produce sexual content involving minors, content sexualising real people without their consent, or content promoting violence, self-harm, hatred or illegal goods;
• impersonate a person or organisation, or produce material designed to mislead about who is speaking;
• create content that breaches the rules of the platform it is destined for - TikTok’s Community Guidelines and Terms of Service apply to everything you push there;
• generate spam, or operate accounts in ways the destination platform prohibits;
• probe, scrape, overload or reverse-engineer the Service, circumvent plan limits, or resell access without our written agreement.

We do not pre-screen content, but we may review it where we have reason to believe this section has been broken, and we may remove content or suspend an account under section 10.

5. Your content and image sourcing

You keep all rights to the images, text, templates and slideshows you upload or create. You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, adapt and transmit that content strictly to operate the Service for you - rendering frames, storing your library, delivering to your TikTok drafts. The licence ends when you delete the content or your account, other than backups that expire on their normal schedule.

You are responsible for having the rights to the images you use. This includes anything you upload and anything you import through the in-app image search, which returns results from third-party sources. Those results are provided for convenience only, we make no representation that any of them is licensed for your use, and we grant you no rights in them. Check the licence and clear the rights before you publish.

6. AI-generated output

Written copy is produced by a third-party AI model from your prompts and templates. Output can be inaccurate, misleading, biased, or similar to material generated for another user. It is not legal, medical, financial or professional advice.

Review everything before you publish it. We do not warrant that AI output is original, non-infringing or protectable by copyright, and the law on ownership of AI output is unsettled in many countries. As between you and us, we claim no ownership of it.

7. Third-party services

The Service connects to platforms we do not control - including TikTok, our AI provider and our payment provider. Your use of connected platforms is governed by their own terms. We are not responsible for their availability, for their decisions about your account, or for changes they make that reduce what we can offer. If TikTok withdraws or changes our access, features that depend on it may stop working.

8. Plans, prices, billing and tax

A free plan is available. Paid plans are billed monthly in advance at the prices shown on our pricing page, through our payment provider Stripe. We never receive or store your card details.

Subscriptions renew automatically each month until cancelled. Each plan carries usage limits - generations per month, connected channels and image library size - which are enforced by the Service and shown in your settings.

[TAX - while you are not VAT-registered, keep this version:] Prices are the total amount payable. We are not currently registered for VAT, so no VAT is added at checkout. [Once you are VAT-registered or using OSS, replace the two sentences above with: “Prices are exclusive of VAT and any other applicable tax, which is calculated and added at checkout according to your location.” and set STRIPE_TAX_ENABLED=true.]

We may change prices with at least 30 days’ notice by email; a new price applies from your next renewal, and you may cancel before then.

If a payment fails we may retry it, and may move your account to the free plan until it succeeds.

9. Cancellation, withdrawal and refunds

Cancelling

You can cancel at any time from the billing portal in your settings. Cancellation takes effect at the end of the period already paid for - you keep access until then and are not charged again. We do not pro-rate part-months.

Right of withdrawal (consumers in the EU)

If you are a consumer in the European Union you normally have 14 days to withdraw from a distance contract without giving a reason.

By subscribing and using a paid plan straight away, you expressly request that we begin performance during the withdrawal period and acknowledge that you lose the right of withdrawal once the service has been fully performed. If you withdraw within 14 days having already used paid features, we may charge an amount proportionate to what was supplied before you withdrew. To withdraw, email support@postswarm.app from your account address within 14 days of subscribing.

Other refunds

Outside the withdrawal right, payments are non-refundable except where the law requires it or where we decide otherwise at our discretion - for example after a prolonged outage. Nothing here limits your statutory rights if the Service is not as described.

10. Suspension and termination

You may delete your account at any time from your settings. We may suspend or terminate an account where you have materially breached these Terms, where the law requires it, or where continued operation puts the Service or other users at risk. Except for serious or repeated breach we will give you notice and a chance to put it right first.

On termination your right to use the Service stops immediately. We keep your content for 30 days so you can export it, then delete it. If we terminate a paid account for reasons other than your breach, we refund the unused part of the period you have paid for.

11. Availability

We aim to keep the Service running but do not commit to a service level or guaranteed uptime, and we may take it down for maintenance. Scheduled generation depends on our infrastructure and on third-party platforms; a missed slot is not a breach of these Terms.

12. Disclaimers

Beyond what these Terms expressly say, and to the fullest extent the law allows, the Service is provided “as is” and “as available” without warranty of any kind. We do not warrant that it will be uninterrupted or error-free, that output will meet your expectations, or that content delivered to a third-party platform will be accepted by it.

We give no guarantee of any commercial result - reach, engagement, followers or revenue.

13. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or intentional fault, or for anything else that cannot lawfully be limited. If you are a consumer, your mandatory rights under Polish and EU consumer law are unaffected by this section.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill, data or anticipated savings, or for losses arising from your own content, from decisions you take based on AI output, or from the acts of a third-party platform. Our total liability in connection with the Service in any 12-month period is limited to the fees you paid us in the 12 months before the claim arose, or 200 PLN if you are on the free plan.

You are responsible for the content you publish. If a third party claims against us because of content you created or images you supplied, you agree to reimburse us for reasonable costs and damages, to the extent Polish law permits.

14. Changes to these Terms

We may update these Terms. For material changes we will give notice by email or in the app at least 14 days before they take effect. Continuing to use the Service afterwards means you accept the new version; if you do not, cancel before it takes effect.

15. Governing law and disputes

Polish law governs these Terms. If you are a consumer you also keep the protection of the mandatory law of the country you live in, and you may bring proceedings in the courts of that country. Otherwise the courts with jurisdiction over our registered address are competent.

Consumers in the EU may use the European Commission’s online dispute resolution platform at ec.europa.eu/consumers/odr. We would rather you wrote to us first - most things are quicker to fix by email.

16. Contact

[FULL NAME], [STREET ADDRESS], [POSTAL CODE] [CITY], Poland · support@postswarm.app