These terms are an agreement between you and Wycliffe Rono, Westlands, Nairobi, KE ("we", "us", "our") about your use of PubSpree. Please read them carefully. They include limits on our liability (section 15) and how disputes are resolved (section 18).
1. Agreeing to these terms
By creating an account or using PubSpree, you agree to these Terms of Service and to our Privacy Policy. If you use PubSpree on behalf of a business or other organisation, you confirm you are authorised to accept these terms for it, and "you" includes that organisation. If you do not agree, do not use the Service.
2. The Service
PubSpree (the "Service") lets you upload videos and photos, write captions, and publish or schedule posts to social media accounts you connect, including Facebook Pages, Instagram, TikTok, YouTube, X and LinkedIn, depending on which platforms we offer at the time. It also gives you access to a shared library of media that our administrators provide for users to post.
PubSpree is an independent service. It is not affiliated with, endorsed by or sponsored by Meta, TikTok, Google, YouTube, X Corp. or LinkedIn. Their names and logos belong to them and are used only to identify the platforms you can connect.
3. Eligibility and your account
- You must be at least 18 years old and able to form a binding contract. You must also meet the minimum age and other requirements of every platform you connect.
- Give accurate information when you sign up, and keep it up to date.
- Keep your password secret and don't share your account. You are responsible for all activity on your account. Tell us immediately at ronowyclef@gmail.com if you think it has been accessed without permission.
- You may not use the Service if we have previously suspended or terminated your account, or if the law prohibits you from using it.
4. Connected platforms
When you connect a social media account, you authorise PubSpree to act on your behalf through that platform's official API. That means publishing the content you choose to the account you select, at the time you choose, and reading the basic account details needed to do so. You can withdraw this authorisation at any time by disconnecting the account or revoking access in the platform's settings.
Your use of each platform remains subject to that platform's own terms and policies, which you agree to follow, including:
- Meta Terms of Service, Instagram Terms of Use and Meta's Community Standards
- TikTok Terms of Service, Music Usage Confirmation and, for branded content, the Branded Content Policy
- YouTube Terms of Service. By connecting YouTube you agree to be bound by them.
- X Terms of Service and the X Rules
- LinkedIn User Agreement and Professional Community Policies
Platforms control their own APIs. They may change features, limit how often you can post, reject or remove content, require extra review, or revoke access, and these decisions can affect what PubSpree can do for you. For example, until a platform approves our app, it may make posts private or restrict them to drafts. We are not responsible for platforms' decisions, outages or changes.
5. Your content
You own your content. "Your content" means the media, captions, titles and other material you upload or enter. These terms don't transfer ownership of it to us.
Permission you give us. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process and display your content to you, and to transmit it to the platforms you select. This licence is only for operating the Service and publishing at your direction. Processing includes technical steps such as converting image formats or splitting files for upload. The licence ends when you delete the content or your account. It does not cover copies already published to platforms, or backup copies awaiting routine deletion.
Your responsibilities. You are solely responsible for your content and for what is published from your account. You confirm that:
- you own your content, or have all the rights, licences and permissions needed to upload and publish it, including rights to any music, footage, images, trademarks and other third-party material in it;
- you have consent from any identifiable person who appears in it, as the law requires;
- it includes any disclosures the law or a platform requires, such as paid partnerships, branded content, promotions or AI-generated content;
- publishing it will not break these terms, any law, or any platform's rules.
7. Acceptable use
You agree not to use the Service to publish, upload or do anything that:
- is illegal, or promotes illegal activity;
- infringes anyone's copyright, trademark, privacy, publicity or other rights;
- is sexually exploitative of minors, or contains non-consensual intimate imagery;
- is hateful, harassing, threatening or violent, or incites harm against people or groups;
- is fraudulent, deceptive or impersonates someone else, including fake engagement, scams or misleading health or financial claims;
- is spam, including bulk or repetitive posting, or posting to accounts you don't own or aren't authorised to manage;
- contains malware or harmful code;
- breaks the rules of any platform you publish to.
You also agree not to:
- try to access other users' accounts or data;
- probe, scan or test the Service's vulnerabilities without our written permission;
- interfere with or overload the Service;
- reverse engineer the Service except where the law allows;
- use bots or scripts to access it other than through the features we provide;
- resell the Service without our agreement.
We may remove content, cancel scheduled posts, or restrict accounts that we reasonably believe break this section.
8. Publishing and scheduling
- You choose which accounts to post to and when. Before each post, check the content, caption, platform options and selected accounts.
- We try to publish at the scheduled time, but delays can happen, for example from platform processing, rate limits, outages or maintenance. Times are approximate, and we don't guarantee that any post will be published, at a particular time, or accepted by a platform.
- If a post fails, we may retry it automatically. The post page shows the result for each account so you can retry, change or cancel it.
- You can cancel targets that haven't started publishing yet. Once a platform has received a post, only that platform can remove it.
- Removing a post from your PubSpree history doesn't delete it from the platforms. Delete it on each platform directly.
9. Limits and fair use
To keep the Service reliable for everyone, we may set and change limits. These include maximum file size, the number of connected accounts, the number of posts per day, and how long uploaded files are kept. Current limits are shown in the app. Files you upload may be deleted automatically after the retention period shown on your Media page. Keep your own copies of anything important.
10. Fees
The Service is currently provided without charge unless we tell you otherwise in the app. If we introduce paid plans or fees, we will tell you the price and terms in advance. You won't be charged unless you agree to them. Any taxes, data or connectivity costs from your own providers are your responsibility.
11. Suspension and termination
You can stop using the Service at any time and delete your account from Settings.
We may suspend or terminate your access, cancel queued posts, or remove content, with or without notice:
- if we reasonably believe you have broken these terms or a platform's rules;
- to prevent harm to other users, platforms or us;
- if the law requires it;
- if a platform revokes our access.
Where it's reasonable and lawful, we will tell you why. We may also discontinue the Service, or part of it. If we do, we will try to give reasonable notice so you can retrieve your content.
The following sections survive termination: 5 (your responsibilities), 6, 7, 12, and 14 to 19.
12. Our intellectual property
The Service, including its software, design, text and logos, is owned by Wycliffe Rono or its licensors and protected by law. We give you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service in line with these terms. If you send us feedback or suggestions, we may use them without any obligation to you.
13. Privacy
Our Privacy Policy explains how we collect and use personal information, including data we receive from the platforms you connect. It also explains how to delete your data.
14. Disclaimers
To the fullest extent the law allows, the Service and shared library content are provided "as is" and "as available", without warranties of any kind, whether express or implied. These include warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the Service will be uninterrupted, secure or error-free, that posts will be published or reach any audience, or that any results, such as views, followers or sales, will follow from using it.
Nothing in these terms limits any rights you have as a consumer that cannot lawfully be excluded.
15. Limitation of liability
To the fullest extent the law allows, Wycliffe Rono and its officers, employees and suppliers will not be liable for:
- any indirect, incidental, special, consequential or punitive damages;
- any loss of profits, revenue, data, goodwill, followers or business opportunity;
- any loss arising from platforms' actions, content you publish, or unauthorised access to your account that resulted from your failure to keep your credentials secure.
Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim, and USD 100 (or its equivalent in local currency).
These limits don't apply to liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.
16. Indemnity
You agree to defend and indemnify Wycliffe Rono against claims, losses, liabilities and reasonable costs, including legal fees, that arise from:
- your content, or anything published from your account;
- your breach of these terms or a platform's rules;
- your violation of any law or of another person's rights.
17. Changes
We may update these terms from time to time, for example to reflect changes to the Service, to platforms' rules or to the law. We will update the "Last updated" date. If the changes are material, we will notify you through the Service or by email at least 14 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using the Service after changes take effect, you accept the updated terms. If you don't agree, stop using the Service and delete your account.
18. Governing law and disputes
These terms are governed by the laws of Kenya, without regard to conflict-of-law rules. Before starting formal proceedings, please contact us at ronowyclef@gmail.com so we can try to resolve the issue informally. We will try to respond within 30 days. If we can't resolve it, the courts of Kenya have exclusive jurisdiction. This does not take away any right you have, as a consumer, to bring proceedings in the courts where you live.
19. General
- Entire agreement: these terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.
- Severability: if any provision is found unenforceable, the rest stays in effect.
- No waiver: if we don't enforce a provision, that isn't a waiver of it.
- Assignment: you may not transfer your rights under these terms without our consent. We may transfer ours as part of a reorganisation, merger or sale.
- Force majeure: we are not responsible for failures caused by events beyond our reasonable control, including platform outages.
- Notices: we may send notices to the email address on your account or through the Service.
20. Contact us
Questions about these terms: ronowyclef@gmail.com
Postal address: Wycliffe Rono, Westlands, Nairobi, KE.