Last Edit: 02/23/2023

Welcome to MakePostAI,

These Terms of Service (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms & Conditions”) shall govern the relationship between our company and you. This website is owned and operated by:

Company Name: Tendalgo, LLC

Type: Limited liability company

Registered Office: Raleigh, North Carolina

(here simply referred to as “Company” or “Make Post” or “us” or “our” or “we”). You are here simply referred to as “you” or “your” or “user” or “users” or “customers”. These Terms shall govern your use of https://MakePost.ai/ (hereinafter referred to as the “website” or “Site” or “Platform”).

Make Post is a content generation tool using the power of artificial intelligence (AI). (hereinafter referred to as the “Service”)

Please read these Terms carefully, as these, along with our Cancellation & Refund Policy, Prohibited Content Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and Make Post. If you do not accept these Terms in its entirety, then you may not use the Site or avail any of our services.

Additionally, your use of our services shall be governed by our Cancellation & Refund Policy and Prohibited Content Policy, and how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms of Service shall be read in conjunction with our Cancellation & Refund Policy, Prohibited Content Policy, Cookie Policy, and Privacy Policy statement.

1. Acceptance of the Terms of Service

By registering on or accessing or using the services on our website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.

ii. You are of sound mind, at least of the legal age of majority as per the laws of the jurisdiction in which you reside, and otherwise competent to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to access and make purchases on the website. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the website, or we need to have obtained verifiable consent from your parent or legal guardian.

iii. You agree to use all our services strictly in accordance with the applicable laws, rules and regulations.

iv. We must not have previously disabled your account for violation of law or any of our policies.

v. You have read, understood and consented to our Cancellation & Refund Policy, Prohibited Content Policy, Cookie Policy, as well as our Privacy Policy statement.

2. ACCOUNTS, PASSWORDS AND SECURITY

a) Account Registration: To access various parts of the Site, and to avail various services of Make Post, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.

b) Social Media Signup: Besides having the option to sign up using email, you also have an option of signing up using your social media accounts. In case you choose to sign up using one of the social media account, then in addition to our legal policies, you will also be subject to the legal policies of such social media account. We are not liable for the privacy practices or actions of such social media accounts.

c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.

e) No Sharing of Password: You must not share your login credentials with any third-party without our express written permission. We reserve the right to employ reasonable security measures to detect unauthorized login. If you are found to be violating this Section, then your account will be suspended and/or terminated without any refund of the unutilized portion of your subscription.

3. USE OF THE SITE AND SERVICES

i. Allowed uses:

• a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
• b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.
• c) Notify us: You must notify us immediately of any breach of security or any unauthorized use/ access of your user account.
• d) Content: While uploading or creating any content using out platform, you must strictly abide by terms and restrictions mentioned in the Prohibited Content Guidelines posted on our website.
• e) Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, content, software, platform, sound material, published on the website, whether a copyright of Make Post, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in these Terms.

ii. Restricted uses:

• a) You must not cheat or attempt to cheat in any of the games that you participate in on the platform.
• b) You can’t impersonate others, create duplicate accounts, or provide inaccurate information.
• c) You must not use our Platform to store or to process any “electronic Protected Health Information”, unless the allowed by the applicable law, in which case you must do the same strictly in boundaries of such applicable law.
• d) You must not sell or transfer or sublicense the content generated from the platform.
• e) You cannot use our Site or purchase our services for the purpose of resale.
• f) You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
• g) You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
• h) You must not misuse or interfere with the Services or website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.

i) You must not:

• republish material from this website;
• sell, rent or sub-license material from the website;
• show any material from the website in public without our consent;
• edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
• redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
• We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.

j) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

k) You cannot access, use or tamper with the non-public areas of any of our software, platforms, networks or our systems.

l) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

m) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms of Service, we reserve the right to suspend or terminate your account or your access to the website or our services, at our sole discretion, and in such case, you will also not be entitled to receive a refund for the unutilized portion of your subscription.

4. Your License to Make Post Content

Please note, our Site, software, content so generated by you using our platform, and all of our services, features and functionalities are being provided to you strictly on a non-exclusive license basis. These are not sold to you. Specifically, we only grant you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services, and the content so generated by you using our platform for your personal non-commercial purposes. All other uses are expressly prohibited. We reserve the right to revoke this license if at any time you are found to be misusing our services or breaching these Terms or violating any applicable law or misusing our content.

5. Ownership Rights

a) Our Rights: This website, domain (https://MakePost.ai/), software, its logos, its content, templates, designs, trademarks, trade dress, trade name, all of our services as purchased by you, shall remain the sole property of Make Post or its licensors (as the case may be). Your use of or access to this website or availing of the services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, services, content, formats, designs, anything published by us or our licensors or third parties. This website, services and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules and regulations. Trademarks, trade names and designs appearing on this website are the exclusive property of, or are licensed to the Make Post and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or our services may be made without the prior written permission of the Make Post.

b) Your Rights: You shall at all times remain the owner of the content that you upload on Make Post, and nothing in these Terms shall take away any right that you have with respect to your own content. We do not share the same with anyone except for the purposes described under our Privacy Policy statement. You are allowed to move or delete your content or your account from our platform at any time at your sole discretion.

6. Your AI Tiles and Content

a) Your API: You may integrate your API in order to add your own content to your AI Tiles on the website. In such case, the users and customers of Make Post will be able to use your APIs in order to generate content for their personal, as well as commercial use.

b) Compensation and Payment: You will be entitled to receive an amount for the use of your content based on a variety of factors, including without limitation, depending on the cost of the posts and calculations ran by MakePost.ai. You will be paid if your generated revenue is above the threshold of USD 100 (US DOLLARS ONE HUNDRED).

c) Content: You are solely responsible for all your content. You must only upload such content which you have the right to upload. You must not add or publish anything that violate these Terms, our Prohibited Content Guidelines, or the applicable law.

d) Reservation of Right: We reserve the right to take down your AI Tiles or content or API if they violate our policies or the applicable law, and in such case, no compensation shall be payable to you in such case.

e) Your Content is yours: The content uploaded by you on the platform may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content.

f) License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.

g) Description of License: Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, publish, distribute, publicly display, sub-license, and translate your content. The users of Make Post will be able to use such content for their commercial as well as non-commercial use, and this license cannot be revoked. However, we do not have any responsibility to use or display any part of your content on the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, unrelated to the theme of the platform, we might not display the same or take it down

h) Terminating the License: You can end this license for specific content by deleting such content from our Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

7. Privacy

In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.

8. Links to Third-party Sites

The website might contain links to third-party websites or services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such thirdparty links are not under the control of Make Post, and Make Post is not responsible for any third-party links. Make Post provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Make Post shall not be responsible.

9. Payments

All subscription plans are subject to the receipt of applicable fees, and you agree to pay for the plans that you purchase on our website, and you authorize us (or our third-party payment service providers) to charge your debit or credit card or process other means of payment for those payments. You shall be responsible to borne all the applicable taxes and fees (wherever applicable). All subscription plans renew automatically at the end of the current billing cycle. We reserve the right to modify the prices of our subscription plans, or discontinue certain subscription packages or certain part of our services, at any time at our sole discretion, without any prior notice. To see the terms of cancellation and refund, please refer to our Cancellation & Refund Policy.

10. Responsibility of Data Management

You are solely responsible for the personal information and other data shared by you at our platform while availing our services. Please refer to our Privacy Policy to familiarize yourself with the terms and conditions of collection, use, storage and disclosure of your information in respect of use and access of our services. You are responsible for the protection of your personal data like login id, password, and other sensitive information. In case of un-subscription of or from any service, you are responsible for erasing all your personal data in your account. You are solely liable for storing and managing the data and information that is stored on your account. We expressly disclaim any obligation or consequent liability and shall not be responsible for the loss or management of such data.

11. Disclaimer

a) The site, and all its services are provided on an “as-is” and “as available” basis, and Make Post (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of fitness for a particular purpose, accuracy, plagiarism-free content, reliability, or non-infringement. We (and our licensors and affiliates) make no warranty that the Site or service or content so generated using our platform will meet your requirements or likeness, will solve a particular purpose, will be available on an uninterrupted, timely, secure, plagiarism-free, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

b) Whenever you are using the tiles made available by other users of Make Post, you should be aware that these tiles are made available by independent third parties, and not by Make Post. You must be cautious while using such tiles, and should avoid sharing personal information or confidential information to theses tiles. In the event of any damage arising out of the use of such tiles, Make Post shall not be responsible. Use the ‘report’ feature in order to report malicious or non-functioning tiles, or such tiles that violate our policies. You can provide inputs, such as Files (max 3 MB), Images (max 3 MB), videos (max 3MB), and text to the tile owners. For any issues or complaints, feel free to write to us at support@makepost.ai.

c) Make Post does not warrant that the Services: (i) will perform error-free, deficient-free or uninterrupted, or that Make Post will correct all or any errors, deficiencies or defects, in any or all events; and (ii) will meet your requirements, specifications or expectations.

d) You must proofread and make necessary modifications to the content so generated to ensure if it fits your requirements. Same or similar content could be generated for other users. Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Consequently, we are not responsible for (i) any delays, interruptions, or other damages as a result; (ii) issues related to the performance, operation or security of the Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services that arise as a consequence from it.

12. Limitation of Liability

a) To the maximum extent permitted by applicable law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the Site, even if Make Post has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damages resulting therefrom.

b) To the maximum extent permitted by applicable law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of subscription that you paid to us in the last 1 (one) months from the date of such claim. The existence of more than one claim will not enlarge this limit.

13. Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Make Post by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

14. Indemnity

You acknowledge to defend, indemnify and hold Make Post, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable legal counsel’s fee, made by a third party, relating to, or arising from:

• a) Your violation of ours or any third-party right;
• b) Your wrongful or improper use of our services, or Site;
• c) Your violation of any applicable laws, rules or regulations;
• d) Your violation of these Terms or any other policy of ours as associated with our services;
• e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

15. Governing Law and Dispute Resolution

i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of North Carolina (USA).

ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts or tribunals located in Wake County, North Carolina (USA).

16. DMCA

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material or content that you believe to be residing on our website (https://MakePost.ai/) should be promptly sent in the form of written notice to our designated agent.

a) Designated Agent (the “DMCA Agent”) for DMCA Notices:-

• Name: Tendime
• Designation: CEO
• Email: support@makepost.ai

Note:- You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

b) Filing a DMCA Notice:

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

• Signature of copyright owner or person authorized to act on behalf of the owner;
• Identification of copyrighted work claimed to be infringed;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient for us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party (address, phone number and, if available, email address);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).

c) Repeat Infringer Policy: Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances

d) False Claim: You could be liable for the punishment for perjury or such other legal recourse if you make false claim alleging copyright infringement.

17. Notices

When you use the website or send emails to Make Post, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Make Post will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@makepost.ai.

18. Miscellaneous

i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.

ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.

iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our Site or our Services, at our sole discretion. In such cases, you will not be entitled to receive a refund for the unutilized portion of your subscription. iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

v. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.

vi. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.

vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms of Service.

viii. No Assignment: You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Make Post, which may be withheld at Make Post’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.

ix. Entire Agreement: The Terms, Cancellation & Refund Policy, Prohibited Content Policy, Cookie Policy, Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Make Post and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.

x. Force Majeure: Make Post and its third party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.

xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.

19. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Cancellation & Refund Policy or Prohibited Content Policy or Cookie Policy or Privacy Policy, or with any content or service of Make Post, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

• Name: Tendime
• Designation: CEO
• Email: support@makepost.ai

20. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: support@makepost.ai.