Terms of Service

Postraft is a product of The Avenue Creatives Ltd., a company incorporated in British Columbia, Canada (the “Company”, “we”, “us”, or “our”).

By using postraft.com (the “Site” or the “Website”) or the Service, You accept these Terms of Service in full and without reservation. Do not continue to use the Site or the Service if You do not agree to all of the Terms of Service stated on this page.

Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• Service: the Postraft platform and all services provided by the Company, including the Site, the Templates, the Generated Content tools, and the video and image rendering features.
• Templates: the social media post and video templates, layouts, designs, fonts, stock assets, and other creative materials made available by the Company through the Service.
• Your Content: the photos, videos, logos, text, property details, and other materials that You upload, import, or add to the Service.
• Generated Content: captions, content ideas, copy, images, or other materials produced, suggested, or generated by the Service using artificial intelligence or automated tools.
• Output: the rendered videos, images, and posts You create using the Service by combining Your Content, Templates, and/or Generated Content.
• You (“Your”): the individual accessing or using the Service, or the company, brokerage, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Eligibility and Account

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. The Company does not permit those under 18 to use the Service. If You are using the Service on behalf of a company, brokerage, team, or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms of Service, and “You” refers to both you individually and that entity.

You are responsible for maintaining the confidentiality of Your account credentials and for all activity that occurs under Your account. You agree to notify us immediately of any unauthorized use of Your account. Accounts are for single-user access only; You may not share Your account or login credentials with, or allow access by, any other person. We reserve the right to change, suspend or delete Your account if we note any suspicious, fraudulent, or unlawful activity, at our sole discretion and without providing You with an explanation. Upon termination, Your right to use the Site and Service will cease immediately.

Acceptance and Changes to Terms

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal data when You use the Service and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Service.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. Any new features, tools, or services added to the Service shall also be subject to these Terms of Service. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes constitutes acceptance of those changes.

Intellectual Property and Restrictions

Unless otherwise stated, the Company and/or its licensors own all intellectual property rights in the Service, including the Site, the software, and the Templates and stock assets. All intellectual property rights are reserved. Subject to these Terms of Service and an active subscription where required, we grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Service and the Templates solely to create Output for Your own real estate marketing purposes.

Except for Output that You create as permitted under these Terms of Service, You must not:

• Republish, sell, resell, rent, sub-license, or redistribute the Templates, stock assets, software, or other proprietary material of the Service;
• Reproduce, duplicate, or copy any proprietary material of the Service except as expressly permitted;
• Make the Templates or the Service available to any third party as a standalone product or design service; or
• Reverse engineer, decompile, or attempt to extract the source code of the Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your Content and Output

You retain ownership of Your Content. Subject to Your compliance with these Terms of Service and, where applicable, an active subscription, You are free to use, publish, distribute, and commercially exploit the Output You create with the Service, including by posting it to social media and other platforms. The restrictions in these Terms of Service on “material of the Service” do not prevent You from using Your own Output.

Parts of the Service allow You to upload Your Content. The Company does not filter, edit, publish, or review Your Content prior to its presence on the Service, and Your Content does not reflect the views and opinions of the Company, its agents, and/or affiliates. To the extent permitted by applicable law, the Company shall not be liable for Your Content or for any liability, damages, or expenses caused or suffered as a result of any use, posting, or appearance of Your Content. We reserve the right (but have no obligation) to monitor, edit, or remove any Content that we determine in our sole discretion is unlawful, offensive, infringing, or in breach of these Terms of Service. We may also access, preserve, and disclose Your information and Content where we believe in good faith that doing so is reasonably necessary to comply with applicable law or legal process, to enforce these Terms of Service, or to cooperate with law enforcement or government authorities.

You warrant and represent that:

• You are entitled to upload Your Content and have all necessary rights, licenses, and consents to do so, including from any photographer, brokerage, multiple listing service (MLS), or other rights holder, and to grant the license below;
• Your Content does not infringe any intellectual property right, including without limitation copyright, patent, or trademark, of any third party;
• Your Content does not contain any defamatory, libelous, offensive, threatening, pornographic, indecent, or otherwise unlawful material or material that is an invasion of privacy; and
• Your Content will not be used to conduct unlawful activity, including spam.

You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, and display Your Content and Output as necessary to provide, maintain, and improve the Service, and to promote the Service. This license ends when You delete Your Content from the Service, except to the extent it has been shared with others who have not deleted it, or where retention is required by law.

If You become aware of anyone violating any intellectual property right or these Terms of Service, contact us at [email protected].

AI-Generated Content

The Service uses artificial intelligence and automated tools to produce Generated Content such as captions, content ideas, and images. Generated Content is provided to You on an “as is” basis. You acknowledge and agree that:

• Generated Content may be inaccurate, incomplete, outdated, or unsuitable for Your purposes, and may not be unique or exclusive to You;
• similar or identical Generated Content may be provided to other users;
• You are solely responsible for reviewing, editing, and verifying all Generated Content before You use or publish it; and
• You assume all risk arising from Your use of Generated Content, including its accuracy, legality, and compliance with applicable laws and platform rules.

To produce Generated Content, the inputs You provide — including prompts, branding details, listing information, and uploaded media — may be transmitted to and processed by third-party AI providers (for example, OpenAI, Replicate, and FAL), subject to those providers’ terms and policies. You should not submit any confidential or sensitive information that You do not want processed by such third parties.

The Service uses contact and branding details that You provide — such as Your name, phone number, email address, and website — to build Templates and Output that You may publish publicly. You should provide only the public business information that You are comfortable making publicly available, and You should not provide private or personal information that You do not wish to be displayed, published, or processed. You are solely responsible for the information You choose to provide.

Real Estate and Advertising Compliance

The Service is a creative tool. You are solely responsible for ensuring that Your Content, Generated Content, and Output comply with all laws, regulations, and rules applicable to You, including without limitation fair housing and anti-discrimination laws, real estate advertising rules, MLS rules, brokerage policies, and any required disclosures (such as license numbers and brokerage identification). The Company does not review Output for legal or regulatory compliance and makes no representation that any Output is compliant. To the maximum extent permitted by law, the Company shall not be liable for any claim, penalty, or loss arising from Your failure to comply with such laws, regulations, or rules.

Third-Party Platforms

You may publish Output to third-party social media and other platforms. Your use of those platforms is governed by their own terms and policies, and You are responsible for complying with them. We do not control and are not responsible for those platforms, including any account suspension, content removal, reach, or changes to their algorithms or policies. We do not guarantee any specific results from the Service, including views, follows, engagement, or other metrics.

Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, You are prohibited from using the Site, the Service, or its content:

• for any unlawful purpose;
• for multi-level marketing or pyramid schemes;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to post anyone’s financially sensitive or other sensitive information;
• in any way that would jeopardize the security of Your account (for example, sharing Your password);
• to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate Your use of the Service for violating any of the prohibited uses.

Subscriptions, Auto-Renewal, Billing, and Refunds

All purchases are processed by our third-party payment processor, Stripe (see their Service Agreement here: https://stripe.com/legal). By completing any purchase, You authorize the Company to charge You the agreed-upon fee at the time of Your purchase.

Automatic renewal. Subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) until cancelled. By subscribing, You authorize the Company, through Stripe, to charge Your payment method on a recurring basis at the then-current price for each renewal term, until You cancel. You may cancel at any time through Your account settings or by contacting us; cancellation takes effect at the end of the current billing period, and You will continue to have access to the Service through the end of that period.

Refunds. Postraft is a digital product that provides immediate access to downloadable content upon subscribing. Except where a non-waivable right to a refund applies under applicable law, all fees are non-refundable, and we do not offer refunds or credits on renewals or on partial or unused billing periods. See our Refund Policy for details. You can try Postraft for free before subscribing.

Price changes. We may change our prices from time to time. Any price change will apply to Your next billing period following reasonable notice to You. Your continued use of the Service after a price change takes effect constitutes acceptance of the new price.

All displayed pricing for marketing purposes is before taxes. You are responsible for the payment of all taxes that are calculated at checkout, if any.

If You find any billing errors, contact us at [email protected] within 30 days of receiving the invoice. If the 30 days have passed, the dispute will be considered null. You agree not to initiate a chargeback or payment dispute without first contacting us to resolve the issue, and we reserve the right to suspend or terminate accounts associated with chargebacks.

Beta and Early-Access Features

We may offer features, plans, or programs designated as beta, trial, preview, or early-access (including any free or time-limited beta plan). Such features are provided on an “as is” and “as available” basis and on a temporary, free, or discounted basis. We may modify, limit, suspend, revoke, or discontinue any beta or early-access feature, or convert it to a paid feature, at any time and without notice. We make no guarantee that any beta or early-access feature will continue to be available, will be stable or error-free, or that content created during a beta or early-access period will be retained. Your continued use of the Service after a beta or early-access period ends may require an active paid subscription.

Copyright Infringement (Notice and Takedown)

We respect the intellectual property rights of others and expect our users to do the same. If You believe that any content on the Service infringes Your copyright, please send a written notice to [email protected] that includes: (a) a description of the copyrighted work You claim has been infringed; (b) a description of where the allegedly infringing material is located on the Service; (c) Your contact information; (d) a statement that You have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the owner’s behalf; and (f) Your physical or electronic signature. We may remove allegedly infringing material and terminate the accounts of repeat infringers.

Counter-notification. If Your content was removed and You believe in good faith that it was removed as a result of mistake or misidentification, You may send a written counter-notice to [email protected] that includes: (a) identification of the material that was removed and the location at which it appeared before removal; (b) Your contact information; (c) a statement, made under penalty of perjury, that You have a good-faith belief that the material was removed as a result of mistake or misidentification; and (d) Your physical or electronic signature. We may, in our sole discretion, restore the material, but we are under no obligation to do so.

User Comments, Feedback, and Other Submissions

If, at our request or otherwise, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, “comments”), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation:

• to maintain any comments in confidence;
• to pay compensation for any comments; or
• to respond to any comments.

Third-Party Links and Tools

The Service may contain links to, or provide access to, third-party websites, services, or tools that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party, and we provide access to any third-party tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Any use by You of optional third-party tools is entirely at Your own risk, and You should ensure that You are familiar with and approve of the terms on which they are provided. We shall have no liability whatsoever arising from or relating to Your use of third-party websites, services, or tools, and we strongly advise You to read their terms and privacy policies.

Disclaimer of Warranties

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, expressed or implied:

• that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, or be uninterrupted, timely, secure, or error-free;
• as to the accuracy, reliability, or currency of any information, content, or Generated Content provided through the Service; or
• that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, including any guarantee of specific results such as views, follows, or other metrics. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You; in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

We do not warrant or guarantee the accuracy, completeness, or currency of any information contained in the Templates, Generated Content, or Output, and we do not warrant that any Template, Generated Content, or Output complies with the laws, regulations, or rules applicable to You or to Your jurisdiction. We do not guarantee any particular results from Your use of the Service or from publishing Output, including any business, marketing, financial, or engagement outcomes. You are solely responsible for any content You publish, and to the maximum extent permitted by applicable law, the Company shall not be liable for any harm You may incur as a result of creating or publishing Output, including without limitation any damage to reputation, loss of business or clients, financial loss, regulatory penalty, or other loss or liability.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of (a) the amount actually paid by You to the Company for the Service in the six (6) months immediately preceding the event giving rise to the liability, or (b) one hundred Canadian dollars (CAD $100).

To the maximum extent permitted by applicable law, in no event shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, Generated Content, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to You; in such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, Your Content, Your Output, or Your violation of any law or the rights of a third party. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of such claims.

Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, failures or outages of third-party services or infrastructure (such as payment processors, hosting, storage, or AI providers), internet or telecommunications failures, labor disputes, governmental action, war, terrorism, epidemics, or pandemics.

Termination and Data

These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services or by ceasing to use the Service. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and You will remain liable for all amounts due up to and including the date of termination, and/or we may deny You access to the Service (or any part thereof).

Following termination or cancellation, we may delete Your Content, Output, and account data, and we shall have no liability to You or any third party for any such deletion or loss. You are responsible for exporting or saving any Output You wish to keep before Your access ends. All obligations and liabilities of the parties incurred prior to the termination date, and any provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law), shall survive termination.

Security

We use commercially reasonable technical, physical, administrative and organizational safeguards designed to protect Your data. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot and do not guarantee the absolute security of Your data. We provide no warranty of security, and Your use of the Service is at Your own risk. In the event of a data breach affecting Your personal information, we will notify You as and to the extent required by applicable law. You are responsible for safeguarding Your account credentials and for any activity that occurs under Your account.

International Users

The Service is controlled and operated by us from the Province of British Columbia, Canada. We make no representation that the Service is appropriate or available for use in any particular location. Those who access or use the Service from outside Canada do so on their own initiative and are solely responsible for compliance with all applicable local laws.

Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

Notice of Dispute. Before commencing arbitration, the party raising a dispute must first send a written Notice of Dispute to the other party describing the nature and basis of the claim and the relief sought. A Notice of Dispute to the Company must be sent to [email protected]. The parties will attempt in good faith to resolve the dispute for a period of thirty (30) days following delivery of the Notice of Dispute. Only if the dispute is not resolved within that period may either party commence arbitration.

Except for disputes that qualify for small claims court and claims for injunctive or equitable relief relating to intellectual property, and to the maximum extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms of Service or the Service shall be referred to and finally resolved by binding arbitration administered under the Arbitration Act (British Columbia). The seat of arbitration shall be Vancouver, British Columbia, the arbitration shall be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. If arbitration is not enforceable, any action relating to the Service must be brought exclusively in the courts located in the Province of British Columbia, and the parties submit to the exclusive personal jurisdiction and venue of such courts.

Class action waiver. To the maximum extent permitted by applicable law, You and the Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Nothing in these Terms of Service waives or limits any right or remedy that may not be waived or limited under applicable consumer protection law.

Time limit for claims. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms of Service or the Service must be commenced within one (1) year after the claim or cause of action arose; otherwise, it is permanently barred.

Electronic Communications

By using the Service, You consent to receive communications from us electronically, including notices, agreements, disclosures, and other information, whether by email or by posting on the Service. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, availability, content ideas, tips, or Generated Content. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. By using such information, You assume all risks associated with its use, and it is Your responsibility to ensure that it is accurate and compliant with applicable laws. We undertake no obligation to update, amend, or clarify information in the Service except as required by law.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement, Assignment, and Waiver

These Terms of Service, together with the Privacy Policy and any policies or agreements posted by us, constitute the entire agreement between You and the Company regarding the Service. You may not assign, charge, sub-contract, or otherwise transfer Your rights or obligations under these Terms, and any attempt by You to do so shall be null and void. We may assign, charge, sub-contract, or otherwise transfer any of our rights or obligations hereunder at any time. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver shall be effective except in writing. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. These Terms of Service are for the sole benefit of You and the Company and confer no rights on any third party, except that the applicable payment card networks are intended third-party beneficiaries of the payment-related provisions of these Terms of Service.

Contact

Questions about the Terms of Service should be sent to us at [email protected].