These Terms of Service ("Terms") are a binding legal agreement that governs your access to and use of the Postlytix website and revenue-intelligence service (the "Service"). The Service is provided by Postlytix ("Postlytix," "we," "us," or "our"). Postlytix is a business operated by Logan Kouns; upon formation of Postlytix LLC, a Texas limited liability company, these Terms are entered into with and apply to that entity, which succeeds to all rights and obligations under these Terms.
By accessing or using the Service, clicking to accept, or submitting an application, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you are using the Service on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity.
Postlytix connects to tools you authorize, analyzes your data across departments, and — with your explicit approval — executes specific actions on your behalf. Postlytix is an analysis and execution tool; it does not replace your own business judgment.
You must be at least 18 and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for maintaining the security of your account and credentials.
Nothing executes without your explicit approval. You are solely responsible for reviewing each finding and approving or denying any action. Postlytix surfaces analysis, projected impact, and an execution plan; the decision to act is yours.
Projected values, recoverable amounts, and ROI figures are estimates based on the data available at the time of analysis. They are not guarantees of outcome. Actual results depend on your data, your approvals, third-party platforms, and factors outside our control.
When you connect a third-party tool or provide API credentials, you authorize Postlytix to access and act on that tool only as needed to perform the analyses and approved actions you request. Your use of each third-party tool remains subject to that provider's own terms. You are responsible for ensuring you have the right to connect those tools and the data in them.
Pricing is described on our site and in your order or agreement. Plans may include a flat platform fee, a share of verified recovered or saved revenue, or both. Recovered value is measured against an agreed baseline and documented so you can verify it. Unless stated otherwise, fees are non-refundable except as required by an applicable money-back guarantee or by law.
You agree not to misuse the Service, including by: violating any law or third-party rights; uploading data you are not authorized to share; attempting to gain unauthorized access; interfering with the Service's operation; or using the Service to build a competing product.
Postlytix and its underlying software, models, and content are owned by us and our licensors. You retain all rights to your data. You grant Postlytix a limited license to process your data solely to provide the Service. We may use aggregated, de-identified data that does not identify you or your customers to improve the Service.
Each party agrees to protect the other's non-public information and use it only as needed to perform under these Terms.
Postlytix is a software tool, not a financial, accounting, tax, legal, or other professional advisor. Findings, projections, recommendations, recovery estimates, and ROI figures are informational outputs generated from the data available at the time of analysis. They are not advice, guarantees, or commitments, and may be incomplete or inaccurate. You are solely responsible for verifying outputs and for all business, financial, tax, and legal decisions you make. You should consult your own qualified professionals before acting.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, Postlytix and its owners, members, affiliates, officers, employees, agents, licensors, and suppliers (collectively, the "Postlytix Parties") disclaim all warranties and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing, usage, or trade practice. The Postlytix Parties do not warrant that: (a) the Service will be uninterrupted, secure, timely, or error-free; (b) any finding, projection, estimate, or recommendation will be accurate or will result in any particular recovery, saving, revenue, or other outcome; (c) any defect will be corrected; or (d) the Service is free of viruses or harmful components. Any reliance on the Service or on any output is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE POSTLYTIX PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, 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 the Postlytix Parties were advised of the possibility of such damages.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE POSTLYTIX PARTIES for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you actually paid to Postlytix in the three (3) months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). These limitations apply even if a remedy fails of its essential purpose. Because some jurisdictions do not allow certain limitations, in such jurisdictions the liability of the Postlytix Parties is limited to the smallest amount permitted by law. You agree that this allocation of risk is reflected in the pricing of the Service and is an essential basis of the bargain between you and Postlytix.
You will defend, indemnify, and hold harmless the Postlytix Parties from and against any and all claims, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your data, content, or connected tools; (b) your access to or use of the Service; (c) any action you approved, authorized, or instructed; (d) your violation of these Terms or any applicable law or regulation; or (e) your violation of any right of any third party, including any customer, end user, or platform. Postlytix may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Postlytix's defense. You may not settle any matter in a way that imposes obligations on the Postlytix Parties without Postlytix's prior written consent.
These Terms apply for as long as you use the Service. You may stop using the Service at any time. We may suspend, restrict, or terminate your access at any time, with or without notice, if you violate these Terms, if required by law, or if reasonably necessary to protect the Service or any person. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 7 through 18 — will survive.
Before initiating any arbitration or proceeding, you agree to first give Postlytix a chance to resolve the dispute informally. Email [email protected] with a written description of the dispute, the relevant facts, and the relief you seek. You and Postlytix will then attempt in good faith to resolve the dispute for at least thirty (30) days from the date of that notice. This informal process is a condition precedent to starting arbitration, and the one-year limitation period in Section 17 is paused while it is ongoing. Any applicable filing deadlines are tolled during this period.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.
(a) Agreement to arbitrate. Except for the limited exceptions below, any dispute, claim, or controversy arising out of or relating in any way to the Service or these Terms — including their formation, breach, termination, enforcement, interpretation, validity, or the scope or applicability of this agreement to arbitrate — will be resolved exclusively by final and binding individual arbitration, and not in court. This agreement to arbitrate is governed by the Federal Arbitration Act.
(b) Rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and its Consumer Arbitration Rules where applicable), as modified by these Terms. The seat of arbitration will be Tarrant County, Texas; hearings may be conducted in Tarrant County or, at the claimant's election, by telephone or videoconference. The arbitrator will have authority to award the same individual relief a court could, and the award may be entered as a judgment in any court of competent jurisdiction.
(c) Class-action, collective, and jury-trial waiver. You and Postlytix agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of class or representative proceeding. YOU AND POSTLYTIX EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
(d) Limited exceptions. Either party may (i) bring an individual claim in a small-claims court located in Tarrant County, Texas if it qualifies, and (ii) seek temporary or preliminary injunctive or other equitable relief in the state or federal courts located in Tarrant County, Texas to prevent the actual or threatened infringement or misuse of intellectual property or confidential information.
(e) 30-day right to opt out. You may opt out of this arbitration agreement by emailing [email protected] with your name and a clear statement that you opt out, within thirty (30) days of first accepting these Terms. If you opt out, the court provisions of Section 16 will govern your disputes; opting out does not affect any other part of these Terms.
(f) Severability of this section. If the class-action waiver in (c) is found unenforceable as to a particular claim or request for relief, that specific claim or request will be severed and brought exclusively in the courts identified in Section 16, while the remainder of this Section 15 stays in full effect for all other claims.
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Texas, without regard to its conflict-of-law rules, and by applicable U.S. federal law. For any matter not subject to arbitration under Section 15 (including any action to enforce an arbitration award or any claim for which arbitration is found not to apply), you and Postlytix agree to the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas, and each party waives any objection to that jurisdiction or venue, including on grounds of inconvenient forum.
To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be commenced within one (1) year after the cause of action arises. Otherwise, the claim is permanently barred. This shortened period does not apply where prohibited by applicable law.
(a) Entire agreement. These Terms, together with the Privacy Policy and any order or written agreement you sign with Postlytix, are the entire agreement between you and Postlytix regarding the Service and supersede all prior understandings. If there is a conflict between these Terms and a signed order, the signed order controls for that subject. (b) Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions stay in full effect. (c) No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. (d) Assignment. You may not assign or transfer these Terms without our prior written consent; any attempt to do so is void. Postlytix may freely assign these Terms, including to the Postlytix LLC entity or in connection with a merger, acquisition, or sale of assets. (e) Force majeure. Postlytix is not liable for any delay or failure caused by events beyond its reasonable control, including acts of God, outages, third-party platform failures, or governmental action. (f) Notices. We may provide notices to you by email or by posting on the Service; you may send notices to [email protected]. (g) No third-party beneficiaries. These Terms create no rights for anyone other than you and Postlytix, except that the Postlytix Parties are intended beneficiaries of the disclaimer, limitation-of-liability, and indemnification provisions. (h) Relationship. You and Postlytix are independent contractors; these Terms create no partnership, agency, or employment relationship. (i) Headings. Headings are for convenience only and do not affect interpretation.
We may update these Terms from time to time. We will revise the "Last updated" date above and, for material changes, provide additional notice where appropriate (such as by email or a notice on the Service). Changes are effective when posted unless stated otherwise, and your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to a change, you must stop using the Service.
Questions about these Terms? Email [email protected].
Postlytix should have these Terms reviewed by qualified legal counsel licensed in Texas and tailored to its final registered entity before relying on them. This document is provided in good faith but is not a substitute for legal advice.