Xinpun
Xinpun

XINPUN.COM TERMS AND CONDITIONS OF SERVICE

1. INTRODUCTION AND ACCEPTANCE

Welcome to Xinpun.com ("Xinpun", "We", "Our", or the "Platform"). These Terms and Conditions of Service ("Terms") constitute a legally binding contract between the operator of Xinpun and you ("User", "Client", or "You"), governing your access to and use of our cloud-based social media management software (SaaS).

BY CREATING AN ACCOUNT, PAYING FOR A SUBSCRIPTION, OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE CONTRACTING ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SAID ENTITY TO THESE TERMS.

2. DESCRIPTION OF SERVICE AND THIRD-PARTY RELIANCE

2.1 The Service

Xinpun provides tools to schedule, publish, and analyze content on various social media platforms ("Social Networking Services" or "SNS"), including but not limited to Facebook, Instagram, X (Twitter), LinkedIn, and TikTok.

2.2 Reliance on Third-Party APIs (Volatility Clause)

You acknowledge and agree that the functionality of Xinpun depends on the availability of the Application Programming Interfaces (APIs) provided by the SNS.

  • No Guarantee of Continuity: Xinpun does not control the SNS. If an SNS modifies its APIs, alters its pricing policies, or restricts Xinpun's access, We may be forced to suspend or cancel the integration with said SNS.
  • Disclaimer: Such suspension shall not constitute a breach of this contract by Xinpun and shall not entitle You to any full or partial refund of fees paid.

3. REGISTRATION, SECURITY, AND ACCESS

3.1 Accuracy of Information

To access the Service, you must register by providing complete, accurate, and current legal information. You are responsible for keeping said information updated.

3.2 Security of Credentials

You are solely responsible for the security of your access credentials (email and password) and the access tokens to your SNS. Xinpun shall not be liable for any loss or damage arising from unauthorized access to your account due to your failure to protect your credentials. We strongly recommend the use of strong passwords and two-factor authentication (2FA) where available.

3.3 Use by Agencies and Teams

If your plan allows for multiple users ("Authorized Users"), the primary account holder is jointly and severally liable for all actions, omissions, and violations of these Terms committed by their Authorized Users.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Your Content (User License)

You retain all ownership rights to the text, images, videos, and other materials you upload or process through Xinpun ("User Content"). However, to enable us to provide the Service, You grant Xinpun a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (for technical formatting purposes), create derivative works (such as thumbnails or previews), communicate, and publish your User Content solely to the extent necessary to operate, improve, and provide the Service and distribute your content to the SNS designated by you.

4.2 Intellectual Property and Open Source License

A. Software and Source Code: Xinpun is based on the open-source project "Postiz" and is distributed under the terms of the GNU Affero General Public License version 3 (AGPLv3). Consequently, the source code of the software is available for your review, modification, and redistribution in accordance with the terms and obligations stipulated in said license. Nothing in these Terms restricts your rights granted under the AGPLv3 license regarding the use of the source code.

B. Trademark and Trade Dress Rights: Notwithstanding the open-source license of the underlying software, Xinpun exclusively reserves all rights, titles, and interests in and to the "Xinpun" trademark, logos, domain names, the visual design of the interface (look and feel), and other distinctive brand assets. You are not authorized to use Xinpun's trademarks, logos, or visual identity in a manner that suggests association, sponsorship, or endorsement by Xinpun without our prior written consent, even if you utilize a modified version of the source code.

5. ACCEPTABLE USE POLICY (AUP) AND RESTRICTIONS

You agree not to use the Service for:

  • Spam and Abuse: Posting repetitive, unsolicited, or automated content that violates the anti-spam policies of any SNS or overwhelms our infrastructure.
  • Illegal Content: Uploading content that is defamatory, obscene, hateful, violent, pornographic, or that promotes illegal activities.
  • Sensitive Data (PHI Prohibition): Processing or storing Protected Health Information (PHI), sensitive financial data, or social security numbers. Xinpun is not compliant with HIPAA or banking standards.
  • Usage Limits (Fair Use): Xinpun reserves the right to impose technical limits on the number of posts or API calls per month to ensure system stability. If your use exceeds reasonable thresholds (e.g., 10 posts/day per profile), Xinpun may limit your account or request that you upgrade to a higher plan.
  • Scraping: Using bots, spiders, or scrapers to access the Service or extract data.

6. PAYMENTS, RENEWAL, AND REFUNDS

6.1 Billing

The Service is billed in advance on a recurring basis (monthly or annually). By purchasing a subscription, You authorize Xinpun (and its payment processors) to charge the applicable fee to your payment method.

6.2 No Refund Policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. No refunds or credits will be granted for partial months of service, for plan upgrades/downgrades, or for unused months with an open account, unless applicable law requires otherwise.

6.3 Price Modifications

Xinpun reserves the right to modify its fees at any time. Any price change will be notified in advance and will take effect at the start of the next billing cycle.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." XINPUN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.

7.2 Limitation of Monetary Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, XINPUN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. XINPUN'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS (USD $100) OR (B) THE AMOUNTS PAID BY YOU TO XINPUN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.3 Indemnification

You agree to defend, indemnify, and hold harmless Xinpun, its officers, employees, and agents from and against any claim, demand, damage, obligation, loss, or expense (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including copyright or privacy rights; or (d) any claim that your Content caused damage to a third party.

8. GENERAL PROVISIONS

8.1 Governing Law and Jurisdiction

These Terms shall be governed by the laws of Spain. Any dispute shall be resolved exclusively in the courts of Guadalajara, the parties hereby waiving any other jurisdiction.

8.2 Termination

Xinpun may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.