TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Last Updated: June 10, 2025

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This agreement describes the terms and conditions ("Terms of Use") for the use of computer programs, websites, applications, and other products and services (hereinafter collectively referred to as "Services" or "Platform"), maintained and made available by Posttree LLC, headquartered at 412 West 7th Street, STE 995, Clovis, NM 88101, and its subsidiaries or affiliates (hereinafter referred to as "Posttree LLC"), as well as how your data will be handled.

BEFORE YOU START USING THE PLATFORM, WE ASK THAT YOU (ALSO REFERRED TO AS "USER") READ THESE TERMS OF USE AND, IF YOU AGREE, PROCEED WITH REGISTRATION OR USE OF THE SERVICES TO CERTIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS DOCUMENT, YOU MUST NOT USE THE PLATFORM.

If you have any questions about these Terms of Use, please contact Posttree LLC via email at [email protected].

1. USER REGISTRATION AND CONDUCT

1.1. You must register and accept the Terms of Use to use the platform.

1.2. By registering on the platform, you agree to provide true, accurate, complete, and current information about yourself as requested in the registration form, and to update it whenever necessary. Information that is likely to cause confusion, violates the rights of third parties of any kind, or is considered offensive, vulgar, or otherwise inappropriate may not be used. Posttree LLC may remove the user or, at its discretion, change any username that violates the conditions set forth in these Terms of Use.

2. THE PLATFORM

2.1. The Platform consists of one or more Software as a Service (SaaS) services made available by Posttree LLC, including, but not limited to, automation tools, content management, and other digital solutions ("Services"). The specific functionalities of each Service are described in the documentation or on the respective product page.

2.2. The use of certain Services may be subject to additional specific terms and conditions, which will be presented to the User before use and will supplement these Terms of Use.

3. REQUIREMENTS FOR USING THE PLATFORM

3.1. The minimum infrastructure required to use the platform includes a compatible device (such as a computer or mobile device) with broadband Internet access and compatible hardware and software, as specified in the documentation for each Service.

3.2. It is recommended to use the latest version of supported internet browsers to ensure the best experience and security.

3.3. Posttree LLC is not responsible for instability in the User's Internet connection, nor for the maintenance of their devices.

4. USER CONTENT

4.1. The User is solely and exclusively responsible for any and all content that they insert, send, process, or display on or through the Platform ("User Content"), including its legality, reliability, and appropriateness. Posttree LLC is not responsible for any User Content.

5. FEES AND PAYMENT

5.1. The amounts owed by the User to Posttree LLC are available in the month following the acceptance of these Terms of Use. Payments of the indicated amounts must be made through the payment methods agreed upon and made available by Posttree LLC, with the monthly fee for the respective plan chosen by the User and any additional charges for contracting packages or upgrades being charged.

5.2. The User acknowledges and agrees that, depending on the Service used, third-party fees or licenses may apply (e.g., public performance rights for music, image usage licenses, etc.) that are not included in the contracted plan. The collection of such amounts is the sole and exclusive responsibility of the User before the competent entities.

5.3. The agreed monthly fee may be readjusted annually, according to Posttree LLC's pricing policy, which will be communicated to the User with reasonable advance notice. Factors such as relevant inflation rates in the markets of operation or operational costs may be considered.

5.3.1. Without prejudice to the above clause, Posttree LLC, at its sole discretion, at any time and with prior notice as applicable by local law, may change the values of monthly fees, plans, and/or promotions available at the time of contracting.

5.4. The User, at their sole discretion and at any time, may change the contracted plan to better suit their needs. On this occasion, the monthly fee will be changed to the value of the new chosen plan and charged in the next invoice or payment cycle.

5.5. After the due date, if the monthly invoice is not paid, the User will be notified via the email indicated in their account. If payment is not confirmed by Posttree LLC, the service may be immediately suspended for non-payment after a reasonable notice period (e.g., 7 days). To reactivate the service, the overdue amounts must be paid by the User, plus any late payment charges as permitted by applicable law.

5.6. If Posttree LLC is unable to re-establish payments with the User within 14 (fourteen) calendar days after the due date, this contract will be considered terminated, and the account with all the User's settings and customizations will be automatically deleted from the platform.

5.7. The user may change the amount of resources they will use from the chosen services in their account, and the values of such changes (quantity of units) will be indicated at the time of the change, it being up to the user to proceed or not with the request. All clauses provided in the contract will equally apply to the new unit(s).

6. REFUND POLICY

Posttree LLC offers access to digital services through subscription plans. As this is an intangible product with immediate delivery, we do not offer refunds after payment confirmation, except in the following cases:

  • Proven technical impossibility of accessing the platform due to a failure exclusively attributable to Posttree LLC;
  • Incorrect or duplicate billing;
  • Cancellation of a plan before use, provided it is requested within 48 hours of purchase.

Refunds, when applicable, will be processed using the same payment method used by the user, within a period of up to 10 (ten) business days.

Questions about this policy can be sent to: [email protected].

7. TERM AND TERMINATION

7.1. The term of the services contracted herein begins on the date of acceptance of these Terms of Use by the User and will continue for an indefinite period.

7.2. The User may cancel the contracted services at any time, however, the User must notify Posttree LLC via [email protected] at least 7 (seven) days before the billing due date.

7.3. The termination requested by the User does not imply the payment of any termination fee, unless otherwise specified in the contracted plan. However, the User may not fail to pay debts for services rendered even if they have not used them for any reason. The account with all the User's settings and customizations will be automatically deleted from the platform after a reasonable period from termination, according to Posttree LLC's data retention policy and applicable laws.

7.4. The breach of the obligations assumed herein due to events beyond the control of the parties, such as those that constitute force majeure, as defined by applicable laws, do not constitute a cause for contractual termination;

8. OBLIGATIONS OF THE PARTIES

8.1. User's Obligations:

  • a) To keep qualified personnel to operate and interact with the platform, providing, whenever necessary, all information and circumstances regarding any problems to our technical support;
  • b) To maintain, at their own expense, the necessary infrastructure to use the platform's services;
  • c) To be responsible for the requests and information entered into the system, for registration, passwords, financial data, and mode of use;
  • d) Not to use the platform in any way that may imply illegality, infringement, violation of rights, or damage to the platform and/or third parties; and
  • e) To inform Posttree LLC whenever there is any change in their registration or financial information necessary for the execution of the functionalities offered by the system.

8.2. The User shall immediately notify Posttree LLC of any loss, theft, unauthorized access, or any security breach related to their access credentials (platform login and password) of which they become aware. In such situations, the User must immediately change their password.

8.3. Posttree LLC's Obligations:

  • a) To ensure the User that the platform will function regularly, provided that the conditions of use defined in the "REQUIREMENTS FOR USING THE PLATFORM" topic are respected;
  • b) To correct any programming flaws in the platform;
  • c) To provide, upon the User's payment of monthly fees, access to the platform for the contracted period;
  • d) To change the specifications and/or characteristics of the platform for improvement and/or correction of flaws;
  • e) To provide access to support services through our customer service channels to clarify non-functional doubts directly related to platform problems; and
  • f) To keep all information obtained from the User, as well as access logs, confidential, storing them in a secure environment.

9. INTELLECTUAL PROPERTY

9.1. Posttree LLC is the sole and exclusive owner of all intellectual property rights over the platform and any other computer systems and programs, trademarks, logos, domain names, layouts, visual configurations, designs, patents, industrial models, texts, graphics, works, images, videos, used in the provision of the services object of these Terms of Use, except for musical works and their phonograms ("Intellectual Property").

9.2. Posttree LLC grants the User a revocable, non-exclusive, and non-transferable license to use the platform for the purposes set forth in these Terms of Use and for the contracted establishments. The User may not use or permit the use of the platform for any other purpose than processing their information or that of a legal entity indicated at the time of registration. This license does not imply the ability to access other resources beyond those originally made available by the platform. Under no circumstances will the User have access to the platform's source code.

9.2.1. The authorization to use the platform is provided on a personal basis, that is, limited to each registered legal entity/User (identified by its tax registration number or equivalent). Thus, branches or affiliated, controlled, or controlling companies need to obtain a specific license to use the platform.

9.2.2. Any copy, reproduction, or reverse engineering of Posttree LLC's Intellectual Property (including the platform) is expressly prohibited. In case of non-compliance with this clause, Posttree LLC may, at its sole discretion, take all applicable legal and/or extrajudicial measures against the User, their directors, employees, partners, and collaborators.

9.3. In the event of detecting any fraud attempt, Posttree LLC may, at its sole discretion and without prior notice, cancel the User's subscription, without prejudice to any amounts that Posttree LLC may be entitled to receive from the User.

10. INTELLECTUAL PROPERTY AND THIRD-PARTY CONTENT

10.1. The Platform may contain or integrate with third-party content, services, or resources (e.g., music, images, APIs). The use of such resources may be subject to additional terms and conditions and privacy policies of these third parties.

10.2. The User is solely responsible for obtaining all necessary licenses and authorizations for the use of third-party content in connection with the Services, as well as for the payment of any applicable fees (such as public performance rights, royalties, etc.) to collective management organizations or other rights holders.

10.3. Posttree LLC is not responsible for any third-party content or for the User's failure to comply with their licensing obligations.

10.4. If you are the owner of the intellectual property rights of any content used on the platform, or are authorized to defend such rights, and wish to request its removal, please contact Posttree LLC at [email protected].

11. DISCLAIMER OF LIABILITY

11.1. Posttree LLC is not responsible for:

  • a) operational failure, operation by unauthorized persons, or any other cause where Posttree LLC is not at fault;
  • b) compliance with the User's legal deadlines for the submission of tax documents or payment of taxes and/or fees;
  • c) damages or losses resulting from administrative, managerial, or commercial decisions made based on the information provided by the platform;
  • d) any damages resulting from acts of God or force majeure; and/or
  • e) any problems arising from third-party actions that may interfere with the quality of the service.

11.2. In no event shall Posttree LLC be liable for personal injury or any incidental, special, indirect, or consequential damages, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the platform, for any reason.

11.3. Posttree LLC does not warrant that:

  • a) the functions contained in the software will meet the User's needs;
  • b) the operation of the platform will be uninterrupted or error-free;
  • c) any service will continue to be available;
  • d) the software will be compatible or work with any third-party computer program, applications, or services.

12. PRIVACY POLICY

12.1. This Privacy Policy explains the use of information that may be collected as a result of using the platform, customer service operations, and other activities (collectively, "Service"), offered and operated by Posttree LLC. Posttree LLC is committed to processing personal data in accordance with applicable data protection laws in the jurisdictions where it operates, including, but not limited to, the General Data Protection Regulation (GDPR) of the European Union, the California Consumer Privacy Act (CCPA), the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, and the General Data Protection Law (LGPD) of Brazil, as applicable.

12.2. The User also declares that they are aware that, in order to enjoy the functionalities of the platform, they will have to provide personal information so that Posttree LLC can proceed with billing the monthly fee of the plan contracted by the User, issue tax documents, and provide the Services.

12.3. For the purposes of this document, "personal information" means any information that can be used to identify an individual or company, including, but not limited to, their name, personal qualification, tax identification number or equivalent (such as CPF or CNPJ in Brazil, NIF in Portugal and Spain, EIN in the United States, or other local tax identification numbers), physical or email address, phone number, other contact details, billing data, or any other data that may be sufficient to be linked to this information, as defined by applicable data protection laws.

12.4. For the purposes of this document, "access information" means any information that can be used to identify data about the User's account, their request and activities on the Internet, interaction with a service, messages sent or disclosed, the Internet Protocol ("IP") Address and connection time, the URLs of the originating site and the site the User may next visit, browser type and language, one or more cookies that may uniquely identify your browser or your account, general and specific information about your computer hardware, mobile phone or other device, Internet connection, operating system, and version number used.

12.5. Posttree LLC may use cookies, web beacons (web bugs), or similar technology to improve and customize the User's experience when using the platform, including, but not limited to, keeping track of certain aggregated User information when the User uses the platform, operating and improving offers that may be made through the platform, helping to authenticate the User when they are using the platform, remembering their preferences and registration information, presenting and helping to measure and research the effectiveness of email communications from Posttree LLC and authorized third parties. The User can configure their browser to accept all cookies, reject them, or notify them when a cookie is set, and will be informed about the use of cookies as required by applicable laws (e.g., through a cookie consent banner). However, if the User rejects all cookies, the User may not be able to use parts of the platform.

12.6. Access to personal information and access information (collectively, "Information") that may be collected by Posttree LLC is limited to employees, agents, contractors, and service providers under contract with Posttree LLC who need to know this information to process it on behalf of Posttree LLC and to assist with our business operations.

12.7. The Information provided by Users and collected will be protected according to strict confidentiality standards and may be used by Posttree LLC or third parties authorized by it for the following purposes:

  • a) to provide, maintain, protect, develop, and improve the Services and their security;
  • b) to send communications to the User about the Services, new services, or products from Posttree LLC or third parties;
  • c) to keep user records updated for contact by telephone, email, or direct mail;
  • d) to compile general statistics, without identifying users;
  • e) to respond to user inquiries and requests;
  • f) to store their preferences, among others.

12.8. Posttree LLC will not disclose, sell, or rent the Information collected about the User to third parties, except in the cases provided for in this instrument. Posttree LLC may send Information capable of identifying the User to third parties when:

  • a) it obtains your consent to share the Information;
  • b) it is necessary to share the Information to provide the product or service requested or authorized by the User;
  • c) it is necessary to send the Information to companies that work for the benefit of Posttree LLC or third parties to provide support services or to comply with legal obligations.

12.9. Data Subject Rights

In accordance with applicable law (including LGPD, GDPR, CCPA), the User has rights over their personal data, such as the right to access, rectify, delete, port, limit or object to processing, and the right to withdraw consent. To exercise these rights, the User can contact Posttree LLC via email at [email protected].

12.10. Data Retention

Posttree LLC will retain the User's Information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of complying with any legal, contractual, accounting, or reporting requirements or requests from competent authorities. The criteria used to determine retention periods include the nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes of the processing and whether we can achieve those purposes through other means, and the applicable legal requirements.

12.11. Information Security

Posttree LLC adopts appropriate technical and organizational measures to protect the User's Information against loss, unauthorized use, or other abuses. The information is stored in a secure operating environment that is not accessible to the public. However, no data transmission over the Internet or storage system can be guaranteed to be 100% secure.

12.12. International Data Transfer

The collected Information may be stored and processed in any country where Posttree LLC or its service providers have facilities. By using the Platform, the User consents to the transfer of their Information outside of their country of residence, including to the United States, which may have different data protection rules than those of your country. When we transfer personal information to other countries, we will protect it as described in this Privacy Policy and in accordance with applicable laws.

12.13. Communications

The User agrees that Posttree LLC may send emails and other communications related to the use of the Platform, including information about updates, new features, promotions, and other news. The User may opt out of receiving marketing emails by following the unsubscribe instructions contained in those emails.

13. CHANGES TO THESE TERMS AND PRIVACY POLICY

13.1. Posttree LLC reserves the right to modify these Terms of Use and the Privacy Policy at any time, at its sole discretion. Any changes will take effect immediately upon posting the revised version on the Platform or upon notification to the User, as applicable. The continued use of the Platform after such changes will constitute the User's consent to such changes. We recommend that the User periodically review these documents.

14. GENERAL PROVISIONS

14.1. Entire Agreement: These Terms of Use, together with the Privacy Policy and any other legal notices published by Posttree LLC on the Platform, constitute the entire agreement between the User and Posttree LLC with respect to the Platform.

14.2. Severability: If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

14.3. Waiver: No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Posttree LLC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14.4. Assignment: These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by the User, but may be assigned by Posttree LLC without restriction.

14.5. Headings: The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

15. APPLICABLE LAW AND JURISDICTION

This instrument shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles. Any dispute shall be submitted to the courts of Curry County, New Mexico. However, this clause does not prevent consumers from bringing proceedings in the courts of their country of residence, nor does it deprive them of the protection afforded by the mandatory provisions of local law.