Last updated: April 25, 2026 (v2)
By accessing or using PubCue AI ("the Service"), operated by PubCue AI ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and the Company. These Terms include and incorporate by reference our Privacy Policy.
You must be at least 18 years old to use the Service. By using PubCue AI, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into these Terms, and are not prohibited from using the Service under any applicable law. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms and that the entity agrees to be bound by these Terms.
PubCue AI is a tool that attempts to enable users to compose, schedule, publish, and manage content across multiple social media platforms. The Service includes AI-powered content generation, multi-brand persona management, analytics, a unified inbox for managing comments, mentions, and messages across platforms, media management, link-in-bio pages, evergreen content recycling, approval workflows, and team collaboration features. We do not warrant that any post will actually publish or remain published on any third-party platform. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice or liability. The availability of features may vary by subscription plan.
You are responsible for maintaining the confidentiality of your account credentials, including your password and any connected social media tokens. You agree to accept responsibility for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your account information updated. You must notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that we determine, in our sole discretion, are being used in violation of these Terms. You may not create more than one account per individual. Accounts created using disposable email addresses may be automatically rejected.
PubCue AI supports multi-user organizations with role-based access controls. If you are the owner or administrator of an organization, you are responsible for: (a) all activities performed by members you invite to your organization; (b) ensuring that team members comply with these Terms; (c) managing roles, permissions, and access levels for your team; and (d) promptly removing access for team members who are no longer authorized. You acknowledge that content created by team members within your organization is subject to the same terms as your own User Content. The organization owner is responsible for all fees associated with the organization account.
Free trial. New accounts receive a 14-day free trial with access to free-tier features. No credit card is required for the trial. After the trial period expires, access to the Service will be restricted until you select a paid subscription plan.
Subscriptions and recurring charges. Paid plans are billed monthly or annually as described on our pricing page. By subscribing, you affirmatively consent to recurring charges to your payment method until cancelled. Subscriptions automatically renew at the then-current price on the same monthly or annual cycle unless you cancel before the renewal date. We will send a billing receipt for each charge to the email on file. You are solely responsible for all applicable taxes, levies, and duties.
Cancellation. You may cancel your subscription at any time entirely online through your account settings under Settings → Subscription, with no requirement to call or speak with anyone. Cancellation takes effect at the end of the then-current billing cycle. You will retain access until that cycle ends. You will not receive a prorated refund for the remainder of the cycle.
No refunds. All fees are non-refundable and non-creditable, except as expressly required by applicable law (including, where applicable, statutory rights of withdrawal for consumers in certain jurisdictions).
Pricing changes.We may change pricing at any time in our sole discretion. We will endeavor to provide existing subscribers at least thirty (30) days' notice of material price increases where reasonably practicable, but no specific notice period is guaranteed. Your continued use of the Service after the effective date of any price change constitutes your acceptance of the new pricing.
Plan changes and limits. Downgrading your plan may result in loss of access to certain features and data associated with higher-tier plans. Plan limits (including post counts, channel limits, and storage quotas) are enforced as described on our pricing page.
You agree not to use the Service to: (a) violate any applicable local, state, national, or international law or regulation; (b) infringe on any third party's intellectual property, privacy, publicity, or other rights; (c) distribute spam, malware, viruses, or harmful content; (d) attempt to gain unauthorized access to other systems, accounts, or networks; (e) harass, threaten, defame, or intimidate any person; (f) distribute hateful, violent, discriminatory, or extremist content; (g) impersonate any person or entity or misrepresent your affiliation; (h) use automated tools (bots, crawlers, scrapers) to access the Service except through our authorized interfaces; (i) interfere with the operation of the Service or impose an unreasonable load on our infrastructure; (j) reverse engineer, decompile, or disassemble any part of the Service; (k) sell, resell, or sublicense access to the Service without our written consent; (l) distribute misinformation, deepfakes, or deceptive content designed to mislead; (m) use the Service for any purpose that exploits or harms minors; or (n) encourage or assist any third party in doing any of the foregoing.
PubCue AI maintains a zero-tolerance policy for child sexual abuse and exploitation (CSAE) content. Any account found distributing, promoting, or facilitating such content will be immediately terminated. We reserve the right to report any such matter to the National Center for Missing & Exploited Children (NCMEC) and any relevant law enforcement or regulatory authorities, and to preserve and disclose related User Content as required by law or as we otherwise deem appropriate. If you encounter CSAE content on the Service, report it immediately to legal@pubcue.com.
You retain full ownership of all content you submit, upload, or publish through the Service ("User Content"). By using PubCue AI, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit your User Content as necessary to provide the Service, including distributing your content to connected third-party platforms on your behalf. This license terminates when you delete your content or your account, except for: (a) copies made as part of routine backups, which will be deleted in accordance with our retention practices described in Section 22; (b) content already published or distributed to Third-Party Services, which we cannot recall or remove from those services; and (c) anonymized, aggregated, or derivative data we have generated from your User Content that no longer identifies you. You represent and warrant that you own or have the necessary rights to all User Content, that your content does not violate any third party's rights, and that you have obtained all necessary permissions and releases for any individuals depicted in your content.
We are not obligated to monitor User Content but reserve the right to review, screen, edit, refuse to post, or remove any content at our sole discretion, with or without notice. We may take action against content that we believe violates these Terms, applicable law, or the policies of connected social media platforms. You waive any claims against us related to our content moderation decisions. We may also preserve and disclose User Content when required by law, regulation, or valid legal process. Nothing in this Section shall be construed as creating a duty to monitor, review, or moderate any User Content.
The Service includes AI-powered features for content generation, rewriting, and optimization ("AI Features"). AI-generated content carries material risk of being inappropriate, inaccurate, biased, defamatory, infringing, or offensive in any context. You are solely responsible for reviewing, editing, and approving all AI-generated content before publishing. We make no warranties regarding the accuracy, originality, appropriateness, or legal compliance of AI-generated content. AI-generated content that you publish becomes your User Content and is subject to the same terms. AI Feature usage limits are allocated based on your subscription tier. We disclaim all liability for any claims, damages, or losses arising from AI-generated content that you choose to publish or distribute.
Section 230. AI Features constitute interactive computer services under 47 U.S.C. § 230 to the maximum extent applicable. All AI-generated outputs, once reviewed, edited, sent, or published by you (or sent automatically pursuant to settings you have enabled), constitute your User Content for which you bear sole responsibility.
AI improvement license. You grant PubCue AI a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, store, process, modify, and create derivative works from your prompts, inputs, AI interaction data, and aggregated User Content for the purposes of operating, evaluating, improving, training, and developing our AI features and the Service generally. We may retain such data, in de-identified or anonymized form, after account deletion. We will not sell your personal data, and we will honor opt-out requests under applicable law to the extent technically feasible.
Automated decision-making notice. Some features of the Service, including content moderation, abuse detection, and account-status decisions, may involve automated processing of personal data. Where required by applicable law (including GDPR Article 22 and equivalents), you may request human review of any decision that significantly affects you by contacting legal@pubcue.com.
The Service includes features that allow you to automatically recycle and republish previously posted content ("Evergreen Content"). You are solely responsible for ensuring that all Evergreen Content remains accurate, relevant, lawful, and appropriate at the time it is republished. We are not liable for any damages, claims, or losses arising from outdated, expired, or otherwise inappropriate content that is automatically republished through the Evergreen feature. You should regularly review your Evergreen content library and remove any content that is no longer suitable for republishing.
The Service includes AI-powered features that generate suggested replies for your social media inbox conversations, including comments, mentions, and direct messages ("AI Reply Features"). AI-generated replies carry material risk of being inappropriate, inaccurate, biased, defamatory, harassing, infringing, or offensive in any context. No filtering or review process can eliminate these risks.
By using AI Reply Features, you acknowledge and agree that: (a) AI-generated replies may not be appropriate, accurate, or suitable for the context of any conversation; (b) you bear full responsibility for all messages sent from your accounts, whether drafted by AI or composed manually; (c) PubCue AI is not liable for any relationship damage, miscommunication, reputational damage, loss of followers, loss of subscribers, claims by any recipient, or any other consequences arising from AI-generated replies that are sent through the Service, whether reviewed by you or sent automatically pursuant to settings you enable; (d) you must comply with all applicable platform terms of service regarding AI-generated communications, and you warrant that your use of automated replies is permitted under each connected platform's policies; (e) you must disclose your use of AI-generated content where required by applicable law or platform policies; (f) any abuse-detection, sensitive-content-detection, or queueing functionality we may offer is provided on an "as-is" basis without any guarantee that any particular content will be flagged, queued, blocked, or otherwise treated, and we make no representation that any review process or quality control is performed on AI-generated outputs; and (g) if you enable automated reply features, you accept full responsibility for all messages sent automatically on your behalf, and your reliance on automated AI replies is at your sole risk.
Recipient consent.If you use any automated messaging, mass messaging, or AI Reply Features to communicate with recipients, you represent and warrant that you have all required prior express consents and legal bases to send such communications under all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the GDPR, the EU ePrivacy Directive, and any state or country equivalents. You are solely responsible for honoring opt-out requests, maintaining suppression lists, and complying with all applicable consent and disclosure requirements.
PubCue AI is a social media management platform. It is NOT a mental health service, counselor, therapist, crisis intervention platform, or medical provider. No AI-generated reply, suggestion, or communication provided through the Service constitutes therapy, medical advice, counseling, professional mental health guidance, or crisis intervention.
You acknowledge and agree that: (a) creator-audience interactions, including those facilitated or suggested by AI features, are the sole responsibility of the creator (you); (b) any content-detection or sensitive-conversation-flagging functionality we may offer is provided on an "as-is" basis with no guarantee that any particular conversation, message, or risk indicator will be detected, flagged, or treated in any particular way; (c) PubCue AI disclaims all liability for any failure to identify sensitive content, any AI-generated response in the context of mental health conversations, and any harm arising from AI-facilitated communications involving vulnerable individuals; (d) if you encounter a person who may be experiencing a mental health crisis, suicidal ideation, or immediate danger, you should direct them to appropriate emergency services (call 911) or the 988 Suicide & Crisis Lifeline (call or text 988); and (e) PubCue AI is not a substitute for professional help, and no AI feature should be relied upon to handle sensitive human interactions involving mental health, self-harm, abuse, or crisis situations.
The Service allows you to create publicly accessible link-in-bio pages. You are responsible for all content displayed on your link-in-bio pages, including links, text, images, and social media connections. We do not guarantee the availability of any specific URL slug or subdomain. We reserve the right to remove or disable any link-in-bio page that violates these Terms, contains harmful content, or links to malicious or illegal websites. Link-in-bio pages may be disabled if your account subscription lapses or your free trial expires.
The Service provides media storage for images, videos, and other files you upload. Storage limits vary by subscription plan. You retain ownership of all media you upload. By uploading media, you grant us a license to store, process, optimize (including thumbnail generation and format conversion), and transmit your media as necessary to provide the Service. You are responsible for ensuring that all uploaded media does not infringe on third-party rights. We reserve the right to remove media that violates these Terms. Uploaded media may not be recoverable after account deletion.
The Service integrates with third-party social media platforms and services ("Third-Party Services"). By connecting your social media accounts, you authorize us to access and interact with those platforms on your behalf, including posting content, reading analytics data, and managing your social media presence. You acknowledge that: (a) your use of Third-Party Services is subject to their respective terms of service and privacy policies, and your use of the Service must remain in compliance with each connected platform's rules (including rules on automation, bots, and AI-generated content); (b) we do not store your social media passwords (we use OAuth tokens exclusively); (c) Third-Party Services may revoke our access at any time, and we are not liable for any resulting disruption; (d) we are not responsible for any changes, outages, or discontinuation of Third-Party Services; (e) actions taken by Third-Party Services regarding your content or accounts are outside our control; (f) the accuracy of data provided by Third-Party Services cannot be guaranteed; and (g) we may modify or discontinue integrations with any Third-Party Service at any time without liability.
The Service, including all software, source code, designs, text, graphics, logos, icons, and other materials ("PubCue Content"), is owned by PubCue AI and is protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any PubCue Content without our express written permission. The PubCue AI name, logo, and all related marks are trademarks of PubCue AI. Any feedback, suggestions, ideas, or improvements you provide regarding the Service become our property and may be used by us without restriction, attribution, or compensation, to the maximum extent permitted by applicable law.
We respect intellectual property rights and expect our users to do the same. If you believe that content on the Service infringes your copyright, please send a written notice to our designated agent at legal@pubcue.com containing: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) a description of the copyrighted work; (c) the location of the allegedly infringing material on the Service; (d) your contact information (name, address, phone number, email); (e) a statement of good faith belief that the use is unauthorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner. We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act. We maintain a policy of terminating the accounts of repeat infringers.
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and processing of your information as described in our Privacy Policy. We use industry-standard encryption protocols to protect social media access tokens and credentials at rest and in transit. We do not store your social media passwords.
Data subject rights. Subject to verification of identity and any applicable legal exceptions, you may request: (a) access to the personal data we hold about you; (b) correction of inaccurate personal data; (c) deletion of your account and personal data; (d) export of your personal data and User Content in a commonly-used machine-readable format (such as JSON or CSV); (e) restriction of certain processing activities; and (f) objection to certain processing activities. To exercise any of these rights, contact us at legal@pubcue.com. We will respond to verified requests within thirty (30) days, or such longer period as applicable law permits where the request is complex.
EU/UK customers. Where we process personal data subject to the GDPR or UK GDPR on your behalf, the parties' respective obligations are set forth in our Data Processing Addendum ("DPA"), available upon request from legal@pubcue.com and incorporated by reference into these Terms when executed. The DPA includes the European Commission's Standard Contractual Clauses (and the UK International Data Transfer Addendum, where applicable) for any cross-border transfers.
You agree to maintain the confidentiality of any non-public information about the Service, including but not limited to technical specifications, security measures, internal features, prompt engineering, model behavior, and business information that may be disclosed to you through your use of the Service. This obligation survives termination of your account.
You may cancel your account at any time through your account settings or by contacting us at legal@pubcue.com. We may suspend or terminate your account at any time, with or without notice, in our sole discretion, including but not limited to circumstances where we determine you have violated these Terms or engaged in fraudulent or illegal activity.
Upon termination: (a) your right to access the Service will immediately cease; (b) all licenses granted to you will terminate; (c) any scheduled posts may be cancelled or fail to publish, and we have no obligation to publish or deliver any pending content; (d) your active account data will be deleted from our active production databases within thirty (30) days, after which residual copies may persist in our encrypted backup systems for a limited period (typically up to ninety (90) days, longer where retention is required by law, contract, or legitimate business or legal-hold purposes); (e) any fees incurred through the date of termination remain payable; (f) prepaid fees for service periods after termination will be forfeited and are non-refundable, except that we may, in our sole discretion, issue a pro-rata refund of unused prepaid fees if we terminate your account for our convenience and not for your breach or suspected violation; and (g) if your account was terminated for a violation of these Terms, you may not create a new account.
You may request deletion of your account and personal data at any time as described in Section 20. Sections 7-14, 17-21, 23-29, 31, and 37 survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THAT ANY SCHEDULED POSTS WILL BE PUBLISHED AT ALL, THAT THIRD-PARTY PLATFORM INTEGRATIONS WILL FUNCTION WITHOUT INTERRUPTION OR AT ALL, THAT ANY CONTENT WILL BE SUCCESSFULLY DELIVERED TO ANY PLATFORM OR RECIPIENT, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBCUE AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD). THIS LIMITATION APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Carveouts. Nothing in this Section limits or excludes liability for: (i) death or personal injury caused by our gross negligence; (ii) fraud or fraudulent misrepresentation; (iii) willful misconduct; (iv) infringement by us of your intellectual property rights; (v) our indemnification obligations under these Terms (if any); or (vi) any other liability that cannot be limited or excluded under applicable law (including, where applicable, statutory rights of consumers under California Civil Code § 1668, Texas Deceptive Trade Practices-Consumer Protection Act for non-waivable claims, or non-waivable provisions of the GDPR or UK consumer law).
You agree to indemnify, defend, and hold harmless PubCue AI and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use or misuse of the Service; (b) your User Content, including any content published through the Evergreen recycling feature or link-in-bio pages; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; (e) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (f) any disputes between you and third parties related to the Service; (g) actions of team members or authorized users within your organization; (h) AI-generated content, replies, messages, or communications that you review and send, publish, or distribute, or that are sent or published automatically pursuant to settings you have enabled; (i) any harm, damage, defamation, harassment, or other claim brought by any recipient or third party arising from communications sent through the Service on your behalf; (j) your violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), or any other applicable anti-spam, telemarketing, e-privacy, or unsolicited-communication laws in connection with your use of automated messaging, mass messaging, or AI Reply Features; and (k) your violation of any third-party platform's terms of service, automation policy, or developer policy. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense; we will provide reasonable notice of any claim for which we seek indemnification, and you will not settle any claim that imposes any obligation on us without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal resolution. Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Service shall first be resolved through good-faith negotiation by contacting us at legal@pubcue.com. If the dispute cannot be resolved within thirty (30) days of written notice, it shall be settled by binding arbitration as set forth below.
Arbitration administrator and rules.The arbitration shall be administered by the American Arbitration Association ("AAA") and conducted in English. If you are an individual using the Service primarily for personal, family, or household purposes, the AAA's Consumer Arbitration Rules will apply. If you are a business, organization, agency, or any user using the Service for commercial purposes (including any account on the Agency plan or any organization-tier subscription), the AAA's Commercial Arbitration Rules will apply. The arbitrator shall have exclusive authority to determine which set of rules governs and to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement.
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Jury Trial Waiver. BY AGREEING TO THESE TERMS, BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY.
Mass Arbitration Protocol. If twenty-five (25) or more substantially similar demands for arbitration are filed against the Company by the same counsel, by counsel acting in coordination, or as part of a coordinated filing campaign, the affected demands shall be resolved in batched proceedings. The first batch shall consist of up to fifty (50) demands selected by the parties (each side may choose up to twenty-five), and arbitrations within that batch shall proceed in parallel. AAA filing fees, administrative fees, and arbitrator compensation for subsequent batches shall not be assessed against the Company until the prior batch has reached final award or settlement. The parties shall, in good faith, attempt to apply the outcomes of the first batch (including any global settlement framework) to the remaining demands. You agree to this batching process and acknowledge it may delay resolution of your individual claim. If a court of competent jurisdiction finds this batching protocol unenforceable, the parties shall meet and confer in good faith to negotiate an alternative protocol that achieves a similar purpose; failing such agreement, claims shall proceed in the manner the AAA directs.
Public injunctive relief carveout. Notwithstanding any provision of this Section to the contrary, claims for public injunctive relief that, as a matter of applicable law (including under California Business and Professions Code § 17200, the California Consumers Legal Remedies Act, the California False Advertising Law, or comparable statutes in other jurisdictions, as construed in McGill v. Citibank and its progeny), cannot be waived may be brought in any court of competent jurisdiction. This carveout does not authorize class-wide arbitration, class-wide litigation, or any other representative claim.
Exceptions. Either party may bring claims in small claims court if eligible. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights or breach of confidentiality obligations.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@pubcue.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of the arbitration agreement. Opting out has no effect on any other provision of these Terms.
Severability and savings clause. If any portion of this Section 26 (other than the Class Action Waiver) is found unenforceable in a particular jurisdiction or as to any particular dispute, that portion shall be severed and the remainder enforced to the fullest extent permitted by law, with any non-arbitrable disputes resolved exclusively in the courts specified in Section 27. If the Class Action Waiver is found unenforceable as to any particular claim or party, that claim or party (and only that claim or party) shall be resolved in court rather than in arbitration; the Class Action Waiver shall remain in effect for all other claims and parties.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 26. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of such courts. Nothing in this Section shall deprive a consumer of the protection of mandatory provisions of the law of the country in which the consumer has their habitual residence.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations that have already accrued) due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, government actions, third-party platform outages, AI vendor outages or service degradations, cyberattacks, or labor disputes. The affected party shall use commercially reasonable efforts to resume performance promptly. If a force majeure event prevents the use of, or our delivery of, the Service for more than thirty (30) consecutive days, either party may terminate the affected subscription on written notice, in which case we may, in our sole discretion, refund a pro-rata portion of any prepaid unused fees.
You agree to comply with all applicable U.S. and international export control laws and regulations. You represent and warrant that you are not located in, or a resident or national of, any country subject to U.S. trade sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not listed on any U.S. government restricted party list, including the Treasury Department's Specially Designated Nationals List or the Commerce Department's Denied Persons List.
By using the Service, you consent to receive electronic communications from us, including account notifications, billing receipts, security alerts, and service updates. These electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time, but you may not opt out of transactional or service-related communications while your account is active.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.
We reserve the right to modify these Terms at any time. For material changes, we will endeavor to provide notice via email or through a notice in the Service approximately thirty (30) days before they take effect, except for changes that (a) introduce or modify a feature of the Service, (b) are required to address legal, regulatory, security, or fraud-prevention concerns, (c) are necessary to respond to changes by a Third-Party Service or platform integration, or (d) are intended to clarify, correct, or reduce user obligations, all of which may take effect immediately upon posting. Non-material changes may be made at any time and are effective upon posting. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account before the effective date.
If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 24 (Limitation of Liability) is found unenforceable as to a particular claim, the remaining limitations shall be enforced to the maximum extent permitted by law for all other claims; if any portion of Section 26 (Dispute Resolution and Arbitration) is found unenforceable as to a particular claim, party, or jurisdiction, the remainder shall be enforced to the fullest extent permitted by law as set forth in that Section. The unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. No third party shall be a beneficiary of these Terms or have any right to enforce any provision of these Terms.
These Terms, together with our Privacy Policy, our Data Processing Addendum (where executed), and any other agreements expressly referenced herein, constitute the entire agreement between you and PubCue AI regarding the Service and supersede all prior agreements, understandings, representations, and communications, whether written or oral. No terms or conditions set forth in any purchase order, confirmation, or other document submitted by you shall modify or supplement these Terms.
For questions, concerns, or legal notices regarding these Terms, contact us at:
PubCue AI
Email: legal@pubcue.com
To the maximum extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action or claim is permanently barred. This Section does not apply to claims that, under applicable law, cannot be subject to a contractual statute of limitations.