Terms of service - PostSpeaker

1. Introduction

PostSpeaker is an online social marketing software service (SaaS) to promote company news, job vacancies and content marketing using your employees’ social media reach. A full description can be found on our homepage

These are the terms and conditions of use for PostSpeaker (the “Terms”). Please read these Terms and our Privacy Policy carefully as they describe your rights and obligations as a user of PostSpeaker (“User”/”you”: a natural person or legal entity wishing to use and gain access to PostSpeaker).

2. Acceptance of Terms

By using the PostSpeaker Software website in any way whatsoever, for instance via postspeaker.com, via API, via various top-level domains as well as sub domains, or via other (mobile) media, you accept being bound by these Terms. We may revise the Terms and information contained on the PostSpeaker website at any time and without notice. Each time you use the PostSpeaker SaaS app you will be bound by the then current Terms and our Privacy Policy. Please review these Terms and our Privacy Policy each time you access and use the PostSpeaker SaaS to satisfy yourself that you are happy with them.
We may translate these Terms, our Privacy Policy or any information that may be published from time to time on the PostSpeaker website into other languages for your convenience. The English language version is the version that governs your use of the services owned and operated by PostSpeaker and in the event of any conflict between the English language version and a translated version, the English language version will control.

3. Information about us

PostSpeaker, forming part of Epic Development, a Dutch company having its registered office in Rotterdam, Bergsingel 117a, 3037 GB, the Netherlands, listed in the Trade Register of the Chamber of Commerce under file number 66009367, and Van de Inhoud, a Dutch company having its registered office in Groot Hertoginnelaan 42, 1405 EE Bussum, the Netherlands, listed in the Trade Register of the Chamber of Commerce under file number 57206732.

4. Access to PostSpeaker

Access to the PostSpeaker website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the PostSpeaker website without notice. We will not be liable if for any reason the PostSpeaker website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the PostSpeaker website, or entire website, to Users.
In order to gain access to the PostSpeaker website you can apply for an account with an access code in the manner as described on the website. PostSpeaker reserves the right to refuse or block an account without stating the reasons.
You must keep the access code strictly secret. Any use of the code will be attributed to you.
If PostSpeaker has established or reasonably suspects that unauthorized third parties are using or can use the access code or if you inform PostSpeaker of such a use, PostSpeaker will immediately block access to the database. PostSpeaker will inform you as soon as possible of the unauthorized use and the blocking via a digital message. After the blocking PostSpeaker will provide you with a replacement access code as soon as possible.

5. Use by minors and User identity

The use of the PostSpeaker website by minors under the age of 16 is subject to the consent of their parent or guardian. It is impossible for PostSpeaker to determine with any degree of certainty whether any User is in fact the person he or she represents to be. Accordingly, PostSpeaker accepts no liability for the actual identity of any User. You are solely responsible for verifying the actual identity of other Users.

6. PostSpeaker website changes

We aim to update the PostSpeaker website regularly, and may change the content at any time. If the need arises, we may suspend access to the PostSpeaker website, or close it indefinitely. Any of the material on the PostSpeaker website may be out of date at any given time, and we are under no obligation to update such material.

7. Information about you and your visits to PostSpeaker

We process information about you in accordance with our Privacy Policy. By using PostSpeaker, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data.

8. Right of use

PostSpeaker hereby grants to you the non-exclusive, non-transferable right and you hereby accept this right to use PostSpeaker via a website, whether or not via a web interface, for an indefinite period of time and under conditions further detailed below.
You can manage your own account. Depending on the user settings messages will be sent to you.
PostSpeaker reserves the right to place content on the PostSpeaker website which might be aimed at certain profiles. You acknowledge and accept this functionality of PostSpeaker.
You agree and accept that PostSpeaker may send you service messages regarding updates, new features, etc., by e-mail.
You will fully comply with specific user instructions or restrictions announced or still to be announced by PostSpeaker.
You will make sure that your contact information is up to date so that we can contact you at any time.

9. Uploading material to PostSpeaker

Whenever you make use of a feature that allows you to upload material to the PostSpeaker website, or to make contact with other Users, you must comply with all applicable laws and our Content Standards (see section 12 below). You warrant that any such contribution does comply with all applicable laws and with our Content Standards (see section 12 below), and you indemnify us for any breach of that warranty.
Any material you upload to the PostSpeaker website will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the PostSpeaker website constitutes a violation of their intellectual property rights, or of their right to privacy.
PostSpeaker will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.
PostSpeaker has the right to remove any material or posting you make on the PostSpeaker website if, in our opinion, such material does not comply with applicable laws or our Content Standards (see section 12 below).

10. Restricted uses

You may use the PostSpeaker website only for lawful purposes. You may not use the PostSpeaker website:

In any way that breaches any applicable local, national or international law, regulation or guidelines.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, upload, download, use, re-use or knowingly receive any material that does not comply with our Content Standards (see section 12 below).
To sell, lease, share, transfer, or sublicense any of our content (including but not limited to profiles created and tracked by our system) or access to any content, directly or indirectly, to any third party, including any recruiter, data broker, salesperson, or advertising-related entity.
Use any of our content for any of the following: generating messages, promotions, offers, or mass messages;
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To invite and add users to your account that you don’t have any professional relationship with.
Post to users’ social media without their consent. Postspeaker gives users a minimum 3 day review period, to adjust, accept or approve the content that you schedule for posting to their social media accounts. You must comply with this minimum review period. Failure to do so will result in an immediate ban from our system.

11. Content Standards

These content standards apply to any and all material which you contribute to the PostSpeaker website (“Contributions”), and to any interactive services associated with the PostSpeaker website (“Content Standards”).
You must comply with the spirit, as well as the letter, of the following standards. The standards apply to each part of any Contribution as well as to its whole. Contributions must:
1. Be accurate (where they state facts);
2. Be genuinely held (where they state opinions); and
3. Comply with applicable law in any country from which they are posted.
  1. Contributions must not:
  2. Contain any material which is defamatory of any person;
  3. Breach the data protection or privacy rights of any person;
  4. Contain any material which is obscene, offensive, hateful or inflammatory;
  5. Promote sexually explicit material;
  6. Promote violence;
  7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  8. Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
  9. Be likely to deceive any person;
  10. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  11. Promote any illegal activity;
  12. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  13. Be likely to harass, upset, embarrass, alarm or annoy any other person;
  14. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  15. Advocate, promote or assist any unlawful act.

12. Paid-for services

PostSpeaker charges fees for different paid-for services and these are published on the PostSpeaker website (“Priceplans”).
All applicable paid-for services fees are due to PostSpeaker even if a marketing activity/campaign is cancelled or postponed and are charged in the currency from where the booking is made.
Premature notice of termination or temporary inaccessibility of paid-for services or reduced paid-for services being available will never entitle Paid Users to any refund of (a part of) amounts already paid

13. Priceplans, payment, refunds and chargebacks

PostSpeaker provides different priceplans which are based on a monthly recurring payment. Priceplans may change and PostSpeaker will inform users 1 month in advance.
Paying Users are always allowed to end, upgrade or downgrade their priceplan at any time. Downgrades and cancellations (‘ending’) will be effective at the end of the monthly payment period of the priceplan. Upgrades will be effective immediately and the prorated amount will be billed instantly. When ending your priceplan, the data you have entered in our system will remain in our system and any credits left in your account will be disposed of.
Payment is solely on credit card base and according to our priceplans. Our payment processor is PCI Level 1 compliant, and will carry out payment.
PostSpeaker will send invoices and priceplan changes confirmations by e-mail only.
Regarding offers, it is the responsibility of the User to communicate its refund policy to its Customers.

14. Intellectual property

The copyrights and any other intellectual property rights including the rights to databases and trademarks with regard to the content placed on PostSpeaker are exclusively vested in PostSpeaker and/or its suppliers or licensors.
Without the prior written consent of PostSpeaker you will not in any way wholly or partly disclose, reproduce or provide to third parties the content from (the database of) PostSpeaker.

15. Liability

The material on the PostSpeaker website is provided ‘as is’ and without any guarantees, conditions or warranties as to its accuracy.
In connection with its activities PostSpeaker depends (partially) on the cooperation, services by and supplies from third parties over which PostSpeaker has little or no influence. PostSpeaker will never be liable for any loss arising from the agreement between the User and PostSpeaker or its breach regardless of whether the damage is caused or becomes evident during or after the agreement with PostSpeaker.
Any liability of PostSpeaker for any other form of loss is excluded, including any form of indirect loss such as punitive damages, compensation of consequential loss, loss of or damage to data and loss due to lost sales or profits.
Neither will PostSpeaker be liable for losses as a result of inaccessibility, incompleteness, inaccuracy or out-dated content on the PostSpeaker website nor for the content supplied by third parties.
Any liability of PostSpeaker will at any time be limited to a maximum of the invoice most recently paid.
PostSpeaker will never be liable for abuse by third parties by which the User suffers losses.

16. Term and termination

This agreement is effective for an indefinite period of time. You are entitled at any time to cancel your account or terminate the agreement with PostSpeaker.
Any party is entitled to dissolve a paid-for service including paid-for credit package with immediate effect via a registered letter without any further notice of default and without any prior judicial intervention being required if:
1. the other party applies for a moratorium;
2. the other party has been declared bankrupt;
3. the other party is a legal entity and is dissolved;
4. the control of or the decisive vote in the business operations of the other party transfers to a third party.

17. Suspension and termination due to breach of Terms

We will determine, in our discretion, whether there has been a breach of the Terms through your use of the PostSpeaker website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use the PostSpeaker website, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the PostSpeaker website.
Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the PostSpeaker website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

18. Disposal & encumbering of rights/obligations

PostSpeaker is allowed without your prior explicit consent to dispose of and/or encumber the rights and/or obligations under this agreement provided the rights and obligations under this agreement continue to remain effective.

19. Linking to PostSpeaker

You may link to the PostSpeaker website via the home page and publicly accessible pages only provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The PostSpeaker website must not be framed on any other site, nor may you create a link to any part of the PostSpeaker website other than the home page or publicly accessible pages. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards (see section 12 above).

20. Links from PostSpeaker

Where the PostSpeaker website contain links to other sites and resources provided by third parties, these links are provided for your information only. PostSpeaker has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

21. Other provisions

PostSpeaker is entitled to use the services and/or products of third parties in performing this agreement.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Jurisdiction and applicable law

This Agreement is governed by Dutch law.
All disputes arising from this agreement will be settled by the competent judiciary of the District Court of Rotterdam although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

23. Your Concerns

If you have any concerns about material which appears on the PostSpeaker website, please contact us at [email protected].