01 Agreement to Terms
These Terms & Conditions ("Terms") form a binding agreement between you ("you," "your," "Client," or "User") and Post Digitality, operated by Alberto Colón Rosado ("Post Digitality," "we," "us," "our," "Company"), governing your access to and use of postdigitality.com, the Post Digitality AI virtual assistant product (the "Chatbot Service"), and any custom development, web development, or AI integration services we provide (collectively, the "Services").
By accessing our website, creating an account, subscribing to the Chatbot Service, or engaging us for custom work, you agree to be bound by these Terms. If you do not agree, do not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization as well as yourself individually.
02 Description of Services
Post Digitality provides:
- The Chatbot Service — a subscription-based, embeddable AI virtual assistant that answers visitor questions using retrieval-augmented generation (RAG) grounded in documents you upload, offered across Free, Starter, Professional, and Enterprise tiers with differing usage limits.
- Custom development services — bespoke web development, custom software development, and AI integration work scoped and priced per project under a separate Statement of Work ("SOW") or written agreement.
Where a signed SOW conflicts with these Terms for a specific project, the SOW controls for that project only.
03 Accounts & Eligibility
- You must provide accurate, current information when creating an account and keep your login credentials confidential. You are responsible for all activity under your account, whether or not authorized by you.
- You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. The Chatbot Service is intended for business use, not for direct use by minors.
- We may suspend or terminate accounts that provide false information, violate these Terms, or are used for prohibited purposes described in Section 5.
04 Billing & Payment
- Subscription fees are billed in advance on a recurring basis (monthly, unless otherwise stated) through our payment processor (Stripe). By subscribing, you authorize recurring charges to your payment method until you cancel.
- Published pricing and usage limits (documents, monthly questions) are as stated on the pricing page at the time of purchase and are subject to change with notice for future billing cycles; changes will not retroactively apply to an already-paid period.
- No refunds are provided for partial billing periods, unused questions, or downgrades, except where required by law or expressly stated otherwise. Cancelling stops future billing; your subscription remains active through the end of the current paid period.
- Failure to pay may result in suspension or downgrade of Services. You are responsible for any taxes applicable to your subscription, exclusive of taxes on our net income.
- Custom development services are billed per the payment schedule in the applicable SOW (e.g., deposit, milestone, or fixed-fee terms), which controls over any conflicting term here.
05 Acceptable Use
You agree not to use the Services to:
- Upload, transmit, or generate content that is unlawful, defamatory, infringing, fraudulent, or that violates a third party's rights (including intellectual property, privacy, or publicity rights);
- Upload sensitive personal data (e.g., health records, government ID numbers, payment card data) into the Chatbot Service unless you have independently confirmed this complies with applicable law and your own obligations to the individuals concerned — we do not certify the Chatbot Service as compliant with HIPAA, PCI-DSS, or similar specialized regimes unless expressly agreed in writing;
- Attempt to reverse-engineer, decompile, scrape, or gain unauthorized access to the Services, our infrastructure, or other customers' data;
- Use the Chatbot Service to impersonate a person or organization, spread malware, or interfere with the normal operation of the Services;
- Exceed your plan's rate limits through automated or abusive querying, or attempt to circumvent usage limits or billing.
We may suspend access immediately, without prior notice, for violations of this section that pose security, legal, or operational risk.
06 Your Content & Data
- You own your content. Documents, text, and data you upload to the Chatbot Service ("Customer Content") remain your property. You grant us a limited license to store, process, index, and transmit Customer Content solely to provide and improve the Services.
- You are responsible for what you upload. You represent that you have the necessary rights to upload your Customer Content and that doing so does not violate any law or third party's rights.
- Isolation. Each customer's Customer Content is logically isolated from other customers; we do not share one customer's uploaded documents with another.
- Deletion. Upon account termination, we will delete Customer Content within a commercially reasonable period, except where retention is required by law or for legitimate backup/audit purposes for a limited time.
07 AI-Generated Content Disclaimer
This section is central to how the Chatbot Service is protected — read it carefully.
- The Chatbot Service uses artificial intelligence (including third-party large language models) to generate responses grounded in your uploaded documents. AI-generated output may be incomplete, out of date, or incorrect, even when grounded in source material, due to the inherent limitations of AI systems.
- The Chatbot Service is not a substitute for professional advice — including legal, medical, financial, or safety-critical advice — and must not be relied upon as such by you or your website visitors. You are solely responsible for reviewing, validating, and deciding whether to rely on or publish any AI-generated content.
- We do not guarantee that AI responses will be accurate, complete, appropriate, or free of bias, and we expressly disclaim liability for decisions made or actions taken by you or any third party in reliance on chatbot output.
- You are responsible for monitoring the chatbot's responses on your own website and for promptly correcting or removing source documents that produce inaccurate or undesirable answers.
08 Intellectual Property
- We retain all right, title, and interest in the Services, including the Chatbot Service's underlying software, models, design, and branding. Nothing in these Terms transfers ownership of our pre-existing IP, tools, or general-purpose code libraries to you.
- For custom development projects, ownership of project-specific deliverables (e.g., a client's custom website or software) transfers to the client upon full payment, as specified in the applicable SOW, excluding our pre-existing tools, frameworks, and general know-how, which we retain the right to reuse.
- You may not use our name, logo, or branding without our written permission, except as reasonably necessary to embed and operate the Chatbot Service widget on your own website.
09 Third-Party Services
The Services rely on third-party infrastructure and providers, including but not limited to Anthropic (AI model access), Voyage AI (embeddings), Supabase (database and authentication), Stripe (payment processing), and hosting/email providers. We are not responsible for outages, errors, policy changes, or data handling practices of these third parties, though we will make commercially reasonable efforts to maintain service continuity and select reputable providers.
10 Service Availability
We aim for high availability but do not guarantee uninterrupted, error-free, or continuous access to the Services. The Services are provided on an "as available" basis. We are not liable for downtime, data loss, or service interruptions caused by factors outside our reasonable control (including third-party infrastructure failures, as described in Section 9), scheduled maintenance, or force majeure events (Section 15).
11 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE.
12 Limitation of Liability
To the maximum extent permitted by law:
- IN NO EVENT WILL POST DIGITALITY OR ALBERTO COLÓN ROSADO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND WILL SURVIVE ANY TERMINATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU IN FULL.
13 Indemnification
You agree to indemnify, defend, and hold harmless Post Digitality and Alberto Colón Rosado from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Services in violation of these Terms; (b) Customer Content you upload; (c) your violation of any law or third-party right; or (d) content or decisions made based on chatbot output that you published or acted on without independent review.
14 Termination
- You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period.
- We may suspend or terminate your access immediately for violation of these Terms, non-payment, suspected fraud, or security risk, with notice where reasonably practicable.
- Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 13, and 16) will survive.
15 Force Majeure
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, hurricanes, power or internet outages, acts of government, or third-party service failures — a meaningful consideration given our operations are based in Puerto Rico.
16 Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Services will be resolved in the state or federal courts located in Puerto Rico, and you consent to personal jurisdiction there. Before filing a claim, both parties agree to attempt good-faith informal resolution by contacting the other in writing.
17 Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date, and for significant changes we will make reasonable efforts to notify active subscribers (e.g., by email). Continued use of the Services after changes take effect constitutes acceptance.
18 Miscellaneous
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Entire agreement. These Terms, together with any applicable SOW, constitute the entire agreement between you and Post Digitality regarding the Services, superseding prior agreements on the same subject matter.
- Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.