Terms and Conditions

1. Agreement to these Terms

1.1 By creating an account, ticking the box to agree, or using the Service, you agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, you must not use the Service.

1.2 You agree that your electronic acceptance is binding in the same way as a signed written agreement, as recognised under the Electronic Commerce Act 2006.

1.3 If you use the Service on behalf of a company, firm or other organisation, you confirm that you have authority to bind it. In that case “you” includes that organisation and every person who uses the Service under its account.

2. Eligibility and accounts

2.1 You must be at least 18 years old and able to enter into a binding contract. The Service is supplied for business and professional purposes, not for personal, family or household use.

2.2 You must give accurate information, keep your login details secure, and tell us promptly at [email protected] about any unauthorised use of your account. You are responsible for everything done through your account, including by team members you invite.

2.3 We may refuse, suspend or close an account as described in section 16.

3. The Service and how AI is used

3.1 Tapost helps you create social-media content — such as captions, images, carousels, videos and Brand Characters (together, “Output”) — from the briefs, photos, links, documents and other material you provide (“Your Content”).

3.2 Output is produced by artificial-intelligence models operated by third parties (for example Anthropic, Google, OpenAI and BytePlus). We choose and configure these models and may change, replace or stop using any of them at any time without notice. The same request may give different results at different times.

3.3 Output is generated automatically. It may be inaccurate, incomplete, out of date, misleading, offensive, inconsistent with your brand, or similar to material generated for other people. It may contain errors in words, prices, dates, names, logos, products, hands, faces or other details. Output may not be protected by copyright or any other intellectual property right.

3.4 We may add, change, limit or withdraw features at any time. Some features are early or experimental and may be less reliable.

4. You are responsible for what you use and publish

4.1 You must review and verify every Output before you use, share or publish it — including its facts, prices, offers, claims, spelling, translations, people, logos and trademarks, and whether it suits your audience and market.

4.2 You alone decide whether to use, publish, advertise with or otherwise distribute any Output, and you are solely responsible for that decision and its consequences. When you approve, publish, schedule, export or mark Output as posted, you confirm that you have reviewed it and accept responsibility for it.

4.3 If you turn on automatic features (for example automatic generation, automatic posting or Story auto-posting), Output may be created and published on your instruction without any further human review. You choose to use these features at your own risk and remain fully responsible for everything they publish.

4.4 You are responsible for making sure that your use and publication of Output complies with all laws, regulations, codes and platform rules that apply to you. In Malaysia these may include the Communications and Multimedia Act 1998, the Consumer Protection Act 1999, the Trade Descriptions Act 2011, the Copyright Act 1987, the Trademarks Act 2019, the Personal Data Protection Act 2010, advertising and content codes, and the rules on halal, health, financial and other regulated claims. It also includes any platform rule that requires AI-generated or altered content to be labelled.

4.5 To the fullest extent permitted by law, Tapost is not responsible or liable for any Output, for any use, publication or distribution of Output by you or anyone acting for you, or for any loss, claim, complaint, penalty, account restriction or damage arising from it.

5. Your Content

5.1 You keep ownership of Your Content. You grant Tapost a worldwide, non-exclusive, royalty-free licence to host, copy, process, adapt, transmit and display Your Content and Output only as needed to provide, secure and support the Service for you. This includes sending it to the service providers named in our Privacy Policy. The licence ends when Your Content is deleted from the Service, except for copies we must keep by law and copies that remain in backups for a limited period.

5.2 You promise that you own, or have all the rights, licences and permissions needed for, Your Content and for us to use it as described. You also promise that Your Content, and our use of it, will not infringe anyone's rights or break any law.

5.3 If Your Content shows or identifies any person (for example customers, staff, models or members of the public), you promise that you have their consent — including any consent required under the Personal Data Protection Act 2010 — for it to be used to create and publish content. For other people's personal data that you put into the Service, you are the data user and we process it on your behalf.

5.4 We do not use Your Content or your Output to train artificial-intelligence models.

6. Brand Characters

6.1 You may create recurring characters, such as a mascot or a person (“Brand Characters”), from descriptions or photos.

6.2 You must not create a Brand Character that copies or imitates the face, voice or identity of a real person unless you have that person's written consent. You must never create one based on a celebrity, public figure, politician or child, or use a Brand Character to make people believe that a real person endorsed, said or did something.

6.3 We do not guarantee that any Brand Character is, or will remain, acceptable to, usable with, or reproduced consistently by any AI image or video model. AI providers change their content policies, safety filters, likeness rules and models over time. They may refuse a character they previously accepted, expire or delete reference images, or retire a model altogether. A Brand Character that works today may later be refused, look different, need to be recreated, or stop working in image or video features.

6.4 We are not liable for any such change, refusal or loss, and no refund, credit or compensation is owed because of it, except where credits are returned automatically under our credit rules.

6.5 We may refuse, restrict or remove any Brand Character that we reasonably believe breaks these Terms or an AI provider's rules.

7. Acceptable use

7.1 You must not use the Service to create, upload, publish or help anyone else to create:

• anything unlawful, defamatory, fraudulent, obscene, threatening, harassing, hateful or discriminatory, or anything that promotes violence, self-harm or terrorism;
• sexual content involving a child in any form, or sexual content involving any real person;
• deepfakes, impersonation, or content falsely presented as made by, featuring or endorsed by a real person or organisation;
• false or misleading advertising, fake reviews or testimonials, scams, or unsupported health, financial or halal claims;
• content about elections, government or public affairs that is designed to mislead;
• content that infringes copyright, trademarks, privacy, publicity or any other right;
• content that threatens national security, public order, or racial or religious harmony; or
• spam or unsolicited bulk messages.

7.2 You must not probe, scan, attack or overload the Service; introduce malware; scrape, copy or reverse-engineer the Service, its prompts or its models; get around credits, usage limits or security measures; share or resell access without our written permission; or use the Service to build a competing product.

8. Third-party services

8.1 The Service works with third-party services, including social platforms (such as Facebook, Instagram, TikTok, Threads and Xiaohongshu), Telegram, Google sign-in, our posting provider and AI providers. Their own terms and policies govern your use of them, and you must follow them.

8.2 We are not responsible for third-party services, including their availability, changes, errors, reach, rejection or removal of posts, account restrictions or bans, or how they handle your data.

8.3 When you connect a social account, you authorise us and our posting provider to publish to it on your instruction, including through automatic features you turn on. You can disconnect it at any time.

9. Credits, plans and fees

9.1 Some features use credits. Credits are used when an action runs, whether or not you are happy with the result, and also when an AI provider refuses or blocks a request — except where our credit rules return them automatically (for example when a job fails on our side).

9.2 Credits have no cash value and cannot be transferred or exchanged for money. Credits included with a plan may expire at the end of each billing period, as described for your plan.

9.3 Prices, plans, credit costs and allowances may change. For a paid plan we will give you reasonable notice before a price change applies to you.

9.4 Fees are payable in advance and exclude applicable taxes, such as Service Tax, which will be added where required. Except where the law requires otherwise, fees already paid and credits already bought are not refundable.

10. Intellectual property

10.1 Tapost and its licensors own the Service, including its software, design, prompts, templates, trademarks and documentation. Except for the limited right to use the Service under these Terms, no rights are granted to you.

10.2 As between you and Tapost, and to the extent the law allows, you own the Output generated for you, subject to these Terms and to the rights of third parties. We do not promise that Output is unique or protected by any intellectual property right, and similar Output may be generated for other users.

10.3 Templates, layouts, fonts and starter material we provide may be used within your content but remain ours or our licensors'.

10.4 If you send us feedback or suggestions, we may use them freely and without any obligation to you.

11. Privacy and data

11.1 Our Privacy Policy explains how we collect, use, disclose and protect personal data, and forms part of these Terms.

11.2 Where you put other people's personal data into the Service, you are responsible for having a lawful basis, giving any required notice and obtaining any required consent. We process that data only to provide the Service to you.

11.3 You are responsible for keeping your own copies of any Output you want to keep. We do not promise to store Output indefinitely.

12. Availability

12.1 We aim to keep the Service available, but we do not promise that it will be uninterrupted, timely, secure or error-free. We may suspend all or part of the Service for maintenance, for security, or for reasons outside our control.

12.2 AI generation can be slow, can fail, and depends on third parties outside our control.

13. Disclaimer

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED — INCLUDING ANY WARRANTY OF ACCURACY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY PROMISE THAT OUTPUT WILL ACHIEVE ANY BUSINESS RESULT, REACH, ENGAGEMENT OR SALES.

13.2 You confirm that you acquire the Service for business purposes. To the extent the law allows the parties to a business contract to exclude them, the provisions of the Consumer Protection Act 1999 do not apply to these Terms.

14. Limitation of liability

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, TAPOST AND ITS DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, REPUTATION, DATA, FOLLOWERS OR SOCIAL ACCOUNTS, HOWEVER CAUSED, EVEN IF WE WERE TOLD IT WAS POSSIBLE.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) RM100.

14.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for fraud, or for death or personal injury caused by negligence.

15. Indemnity

15.1 You agree to indemnify and hold harmless Tapost and its directors, employees, agents and suppliers against any claim, demand, loss, damage, penalty, cost or expense (including reasonable legal fees) arising from: Your Content; any Output that you use, publish or distribute, or that is published through automatic features you turned on; your use of the Service; your breach of these Terms or of any law; or your infringement of anyone's rights.

16. Suspension and termination

16.1 You may stop using the Service at any time, and may ask us to close your account by writing to [email protected].

16.2 We may suspend or terminate your access, or remove content, immediately and without liability if we reasonably believe that you have breached these Terms or failed to pay, that your use creates risk or legal exposure for us or others, or if the law or one of our providers requires it.

16.3 When an account is closed, your right to use the Service ends, unused credits are forfeited except where the law requires otherwise, and we may delete Your Content and Output after a reasonable period. We keep the records the law requires us to keep, such as financial and tax records, for as long as required (generally seven years).

16.4 Sections 4, 5.2, 5.3, 6.3, 6.4, 9.2, 9.4, 10, 13, 14, 15, 18 and 19, and any other term that by its nature should survive, continue to apply after termination.

17. Changes to these Terms

17.1 We may update these Terms and the Privacy Policy from time to time. When we make a material change, we will update the date at the top and ask you to agree to the new version before you continue to use the Service. If you do not agree, you must stop using the Service.

18. General

18.1 Neither of us is liable for any delay or failure caused by events outside its reasonable control, including the failure of an AI provider, platform, hosting provider, network or utility, natural disaster, epidemic or government action.

18.2 You may not transfer these Terms without our written consent. We may transfer them to a related company or to a successor of our business.

18.3 If any provision of these Terms is found invalid or unenforceable, the rest remains in effect.

18.4 These Terms, together with the Privacy Policy and any plan terms we show you, are the entire agreement between you and us about the Service.

18.5 If we do not enforce a right, that is not a waiver of it.

18.6 These Terms are written in English. Any translation is for convenience only; if there is any difference, the English version prevails.

18.7 We may send notices to your account email address or show them in the Service. You may send notices to [email protected].

19. Governing law and disputes

19.1 These Terms are governed by the laws of Malaysia.

19.2 Before starting any legal proceedings, each of us will try in good faith to resolve the dispute by contacting the other (you can reach us at [email protected]) and allowing at least 30 days for that.

19.3 The courts of Malaysia at Kuala Lumpur have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

20. Contact us

Tapost Sdn. Bhd. — [email protected]