Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Brandon Gamez, doing business as Serious Poster, a brand of Gavelbase (“we”, “us”, or “Serious Poster”), the operator of the Serious Poster website, dashboard and browser extension (together, the “Service”).

By creating an account, ticking the box to accept these Terms, installing the extension, or otherwise using the Service, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a business or other organisation, you represent that you are authorised to bind that organisation, and “you” means that organisation.

2. What Serious Poster is

Serious Poster is a tool that helps you publish your own posts to Facebook groups you already belong to, on a spaced-out, human-like schedule, and that performs related interactions as described in section 4. The extension works through the Facebook session you are already signed in to in your own browser. We do not ask for, receive or store your Facebook password.

3. Eligibility and your account

• You must be at least 18 years old and legally able to enter into a contract.
• You are responsible for the accuracy of the information on your account and for keeping your credentials secure. Everything done through your account is treated as done by you.
• One person or organisation per account. Do not share, sell or transfer your account.
• We may refuse, suspend or close an account at our discretion, including where we believe the Service is being used unlawfully or in a way that creates risk for us or others.

4. The community-interaction program

As part of running the Service, the extension folds a small number of community-interaction tasks into your posting runs. These tasks are actions on Facebook — such as liking, following, joining, or commenting on groups, pages, and posts — performed automatically through your own logged-in Facebook session while the extension is operating on your device.

We select the targets of these tasks at our discretion. They are groups, pages, posts and accounts of our choosing, and they may include accounts, content or businesses that are ours, our partners’, or third parties’. The specific targets, the actions performed, and any comment text are determined by us and may change at any time.

By using the Service, you:

• Authorise and consent to Serious Poster performing these interactions from your Facebook account, through your logged-in session, while the Service or the extension is in operation;
• Agree that this authorisation is a core part of what the Service does and, on the free plan, is part of the consideration you give in exchange for using the Service at no charge;
• Represent that you have the right to permit automated activity from your Facebook account and that doing so does not violate any agreement between you and a third party for which we are responsible.

Plan differences. On the free plan, participation is mandatory and cannot be disabled; it is the consideration for the free Service. On a paid plan, participation is on by default but you may switch it off at any time from your account settings, after which no further community-interaction tasks are sent to your account.

We do not sell or hand over your Facebook login, and these tasks run only through the extension while you are running it. We do not guarantee any particular target, volume, or outcome, and we may pause, change or end the program at any time.

5. Your responsibilities

You are solely responsible for how you use the Service and for everything you publish through it. You agree that you will:

• Comply with all laws that apply to you, including advertising, consumer-protection, spam and privacy laws;
• Comply with Facebook’s terms and the rules of every group and page you post to or interact with;
• Only post content you have the right to post, and only to communities where you are permitted to;
• Not use the Service to publish or promote anything unlawful, deceptive, infringing, harassing, hateful, fraudulent, or otherwise harmful, and not to impersonate anyone;
• Not attempt to break, overload, reverse-engineer, resell or circumvent the Service or its limits.

You are the publisher of your content and the party engaging with Facebook. As between you and us, the legal responsibility for your posts, your interactions and your compliance is yours.

6. Assumption of risk

You understand and agree that we do not control Facebook and cannot guarantee that your account will not be limited, suspended or banned, that your reach will not drop, that your posts will be shown, or that the Service will remain compatible with Facebook, which changes its site frequently and without notice. You use the Service knowing this, and any resulting loss of an account, reach, content, data or income is your risk, not ours, to the fullest extent the law allows.

7. Plans, billing and refunds

• Paid plans are billed in advance on a recurring basis through our payment processor (Stripe) until cancelled. By subscribing you authorise those recurring charges.
• You can cancel at any time from your account. Cancellation stops future renewals; it does not retroactively refund the current period, and access continues until the end of the period you have paid for.
• Except where a refund is required by law, payments are non-refundable, including for partial periods and for periods during which you did not use the Service.
• We may change prices, plans and features. We will give reasonable notice of a price increase, and it takes effect at your next renewal. Continuing to use a paid plan after that is acceptance of the new price.
• You are responsible for any taxes on your purchase that are not collected by us.

8. Ownership and your content

We own the Service and everything in it other than your content: the software, the extension, the site, and their design and text. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms, and nothing here transfers any of our intellectual property to you.

You keep ownership of the content you create and upload (your posts, comments and media). You grant us a worldwide, royalty-free licence to host, store, process and transmit that content for the purpose of operating and providing the Service to you. You are responsible for having the rights to that content.

9. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, to the fullest extent permitted by law. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or compatible with Facebook at any given time; that it will achieve any particular result, reach or engagement; or that it will keep any account safe from restriction or ban. No advice or information you get from us creates any warranty not stated here. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, reach, or business, or for the suspension, restriction or loss of any Facebook or other account, arising out of or relating to the Service or these Terms, whether based in contract, tort (including negligence), strict liability or any other theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service or these Terms is limited to the greater of (a) the total amount you paid us for the Service in the three (3) months immediately before the event giving rise to the claim, or (b) fifty US dollars (US$50).

These limits apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law. Nothing in these Terms excludes liability that cannot be excluded by law, such as for fraud, or for death or personal injury caused by our negligence.

11. Indemnification

You agree to defend, indemnify and hold harmless Brandon Gamez, doing business as Serious Poster, a brand of Gavelbase and its owners, employees and agents from and against any claims, damages, liabilities, losses, and costs (including reasonable legal fees) arising out of or relating to: your use of the Service; the content you publish or interactions you make; your violation of these Terms; your violation of any law or of any third party’s rights, including Facebook’s terms and the rules of any group; and any dispute between you and a third party. This obligation survives the end of these Terms.

12. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, including if you breach these Terms, if we are required to by law, or if we discontinue the Service. On termination, your licence to use the Service ends. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification and disputes — survive.

13. Third-party services

The Service depends on and interacts with third parties, including Facebook and Meta, Google (sign-in), Stripe (payments) and others named in our Privacy Policy. We are not responsible for those services, their availability, or their acts and omissions, and your use of them is governed by their own terms. If a third party changes or withdraws access, some or all of the Service may stop working, and that is not a breach of these Terms by us.

14. Governing law and disputes

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws rules.

Before starting any formal proceeding, you agree to first contact us at support@seriousposter.com and try in good faith to resolve the dispute informally for at least thirty (30) days.

Any dispute that is not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Michigan, and you consent to venue there. To the fullest extent permitted by law, you and we each agree that claims will be brought only in an individual capacity and not as part of any class or representative action, and each party waives any right to a jury trial. Some of these provisions may not be enforceable in your jurisdiction, in which case they apply to the fullest extent that they are.

15. Changes to the Service and these Terms

We may change the Service at any time. We may also change these Terms; when we do, we will update the effective date and version above, and, for material changes, take reasonable steps to let you know, which may include asking you to accept the new Terms when you next sign in. Continuing to use the Service after a change takes effect is your acceptance of the updated Terms.

16. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any prior agreement on the subject.
• Severability. If any provision is found unenforceable, the rest stays in effect and the provision is applied to the maximum extent permitted.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them, for example in connection with a merger or sale.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may give notices to you by email or through the Service.

17. How to contact us

Questions about these Terms can be sent to support@seriousposter.com. The operator of the Service is Brandon Gamez, doing business as Serious Poster, a brand of Gavelbase.