Terms of Service

1. Definitions and accepting the Terms of Service 

Postmechanics (“Postmechanics” or the “Service”) is a service offered through the URLs www.postmechanics.com and app.postmechanics.com (we’ll refer to them as the “Site”) that allows you to analyze and make sense of the content of Facebook fan pages. Postmechanics is owned and operated by Qualia Technologies of Understanding, located at Voriou Ipirou 4, Kifisia 14564, Athens, Greece, tel. +30-210-6202811 (“Qualia” “we,”, “us” or “our”).

By using Postmechanics, you are agreeing to these Terms (“Terms”). Please read them carefully. This is a legal agreement.

If you sign up for Postmechanics on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use Postmechanics and supersede all prior agreements, representations, and understandings.

2. Modifications to the Terms of Service

We may modify these terms or any additional terms that apply to Postmechanics to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll let you know either through the site or via email (at the email address you provide). 

Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for Postmechanics or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will prevail with regards to the conflict.

3. Eligibility

To use the Services, you agree that you comply with the “Minimum Age” requirements as defined below:

“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if the law requires that you must be older in order for us to lawfully provide the Service to you (including the collection, storage and use of your information) then the legal required age shall apply. The Services are not for use by anyone under the age of 13.

No individual under the Minimum Age may use the Service, provide any personal information to the Service, or otherwise submit personal information through the Service (including for example, name, postal address, telephone number, or email address). You may only use the Service if you can form a binding contract with us and are not legally prohibited from using the Service.

4. Use of the Service by the user

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You shall immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.

You may not, without express prior written permission, do any of the following while accessing or using the Service: (a) tamper with, or use non-public areas of the Services, or use the computer or delivery systems of Postmechanics and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Postmechanics; (d) scrape the Service, and particularly scrape content from the Service; (e) use the Service to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access to any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Service, or by scripted use of the Service in such a manner as to interfere with or create an undue burden to the Service.

5. Provision of the Service by us

The Service changes frequently, and the Service’s form and functionality may change without prior notice to you. Postmechanics retains the right to create restrictions to the Service and restrictions related to the use of the Services at its sole discretion, at any time, with or without notice. Postmechanics may also impose limits on the Service or aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Postmechanics may change, suspend, or discontinue the Service or aspects of the Service at any time, including the availability of any product, feature, database, or content. Postmechanics may also terminate or suspend accounts at any time, in its sole discretion.

6. Privacy Policy

Postmechanics' Privacy Policy explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that we can use such data in accordance with our privacy policies. Please review our Privacy Policy.

7. Copyright and Intellectual Property

For the purposes of these Terms, the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, links, and interactive features, any of which may be made accessible on or through the Service. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.

Our Service uses the Facebook Platform in order to connect to Facebook and to perform the Service for which you have registered. The Facebook Platform is a set of application programming interfaces (API) and tools provided by Facebook to third-party developers, allowing them to create applications to interact with core Facebook features. The Content appearing on the Service is the property of the respective owners and the sole responsibility belongs to the person who originated such Content.

Qualia acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in any Content that you submit, post, transmit or display on the Services, including any intellectual property rights which subsist in that Content (whether these rights happen to be registered or not, and wherever in the world these rights may exist). Unless you have agreed otherwise in writing with Qualia, you agree that you are responsible for protecting and enforcing these rights and that Qualia has no obligation to do so on your behalf.

You shall respect our proprietary rights in the Website and the software used to provide Postmechanics (proprietary rights include patents, trademarks, service marks, and copyrights). Our proprietary rights may not be used in connection with any product or service without our express written permission.

8. Facebook Terms of Service

Postmechanics uses a Facebook App as part of its Services. Postmechanics is in compliance with Facebook terms and policies, including Facebook general legal terms, data use policy, platform policies and pages terms.
In order to use the Service, you need to comply with Facebook terms and services. All Facebook terms of service you should comply with are accessible here: https://www.facebook.com/policies.

9. License from us

Qualia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Qualia as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

10. Our Warranties and Disclaimers

The site and our Service are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not claim any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, reliable, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you obtain content or services through the site at your own discretion and risk.

11. Liability for our Service

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you have paid us for the Service the month before, or amount corresponding to a one-month Service fee, as applicable.

12. Indemnification

You agree to indemnify and hold harmless Qualia, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Service, including but not limited to your violation of the Terms.

13. Pricing and Payment terms

Postmechanics’ pricing policy is described here: www.postmechanics.com/pricing.

We reserve the right to change our fees and to introduce new fees at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. Any change to fees will not be applicable to the billing period in which the change occurs.

Fees paid to us for the use of the Service are non-cancellable and non-refundable. If your use of the Service is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Service. If we terminate your use of the Service for any reason other than your breach of these Terms, we will refund your subscription fee on a pro-rata basis.

Charges are monthly. You can terminate your subscription to the Service at any time by sending an e-mail to info@qualia.gr. If you terminate your account before the expiration of a monthly period, you will not be refunded for the remainder of that period. 

If you upgrade or downgrade your account during a monthly period, the amount you owe for the next period will be adjusted pro-rata.

You can pay for the Service with your PayPal account or by entering your credit/debit/prepaid card information or by any other means as published, from time to time, on the Service website. Alternatively, you can contact us to agree on other methods of payment (invoicing). We are not responsible for the payment processing provided by any third party.

14. Termination

We may terminate or suspend your access to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to if your breach of any of the Terms of this agreement.

15. General

These terms shall be governed by and construed in accordance with the Greek law. You agree that you will bring any claim or cause of action arising out of your use of the site before the courts of Athens, Greece, and you also agree to submit to the personal and exclusive jurisdiction of those courts. 
You agree that any claim or cause of action arising out of your use of the Service or these Terms must be filed within six months after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. 

If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these Terms or through the Service without our express prior written consent. These Terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our Service. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or your use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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