Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using Borker (“Service”), operated by Borker (“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 use the Service.

2. Description of Service

Borker is an AI-powered content generation and social media management platform. The Service uses artificial intelligence to help users create, schedule, and publish content across social media platforms based on user-defined brand voice, topics, and preferences.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using Borker, you represent that you meet these requirements.

4. Account Registration

To use certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as needed
  • Keep your login credentials secure and confidential
  • Accept responsibility for all activity under your account
  • Notify us immediately of any unauthorized access

5. Subscription Plans and Fees

5.1 Monthly Subscriptions

Monthly subscription plans are billed in advance on a recurring basis. You may cancel at any time, and your subscription will remain active until the end of the current billing period. No refunds are provided for partial months.

5.2 Payment

Fees are charged in USD. We accept payment via credit card and, for certain offerings, cryptocurrency (USDC) via Unlock Protocol. All fees are non-refundable except as expressly stated in these Terms.

5.3 Price Changes

We may change subscription prices with 30 days' notice. Price changes will not affect your current billing period.

6. Lifetime Deal Terms

The following terms apply specifically to Lifetime Deal purchases:

6.1 Definition of “Lifetime”

“Lifetime” means the operational lifetime of the Borker service, not the lifetime of the purchaser. Your Lifetime Deal access remains valid for as long as Borker continues to operate as a commercial service.

6.2 Included Features

Lifetime Deal holders receive access to the features available in the Team plan at the time of purchase. We may add new features to Lifetime accounts at our discretion, but we are not obligated to include features that represent significant additional cost (such as premium AI models or third-party integrations with per-use fees).

6.3 Presale Refund Policy

For Lifetime Deals purchased during the presale period, you may request a full refund within 30 days after the official public launch of the Service. To request a refund, contact us via X (@borkerxyz) with your wallet address. Refunds will be processed in USDC to the original wallet address within 14 business days.

6.4 Post-Launch Refund Policy

Lifetime Deals purchased after the public launch are non-refundable, except where required by applicable law.

6.5 Service Discontinuation

If we permanently discontinue the Borker service:

  • We will provide at least 90 days' notice before discontinuation
  • You will be able to export all your data (content, settings, brand voice configurations) during this notice period
  • We are not obligated to provide refunds for Lifetime Deals if the service has been operational for more than 24 months from your purchase date
  • If discontinued within 24 months of your purchase, you will receive a pro-rata refund based on the remaining time (calculated as: $199 × (24 - months of service) / 24)

6.6 Transferability

Lifetime Deal access is tied to your account and wallet address. It is non-transferable and may not be resold. Accounts found to be reselling access may be terminated without refund.

6.7 Fair Use

Lifetime accounts are subject to fair use limits. While we advertise “unlimited” posts, this means unlimited reasonable personal or business use. Automated bulk generation, API abuse, or running content generation for third parties as a service constitutes misuse and may result in account restrictions or termination.

7. User Responsibilities

You agree to:

  • Use the Service only for lawful purposes
  • Review all AI-generated content before publishing
  • Not use the Service to generate spam, harassment, hate speech, or illegal content
  • Comply with the terms of service of any platforms you connect (X, LinkedIn, Farcaster, etc.)
  • Not attempt to reverse-engineer, copy, or resell the Service
  • Not circumvent any security or access controls

8. Content Ownership and License

8.1 Your Content

You retain ownership of content you create or input into Borker, including your brand voice examples, topics, and any original material.

8.2 Generated Content

Content generated by Borker using your inputs is owned by you. You grant us a limited license to process this content solely for the purpose of providing and improving the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

9. AI-Generated Content Disclaimer

Content generated by Borker is created using artificial intelligence and large language models. While we strive for quality and accuracy:

  • AI-generated content may contain errors, inaccuracies, or hallucinations
  • You are solely responsible for reviewing, fact-checking, and approving all content before publication
  • We do not guarantee that generated content is original, non-infringing, or suitable for any particular purpose
  • Published content is your responsibility—we are not liable for consequences of posting AI-generated content

10. Third-Party Services and Required Accounts

10.1 Required Third-Party Services

Borker requires you to obtain and maintain your own accounts and API keys for certain third-party services:

  • Anthropic API Key (Required): For AI content generation using Claude. You must create an Anthropic account and agree to their terms of service. API usage costs are billed directly by Anthropic based on your usage (typically $5-20/month).
  • Postiz Account (Required for Publishing): Our publishing partner for scheduling and posting to social platforms. You must create a Postiz account and agree to their terms.

You are solely responsible for:

  • Obtaining and maintaining valid API keys and accounts
  • Paying all fees charged by third-party providers
  • Complying with the terms of service of each provider
  • Securing your API keys and credentials

Borker subscription fees do not include third-party API costs. We provide setup guides but are not responsible for third-party service availability, pricing changes, or account issues.

10.2 Social Platform Integrations

The Service integrates with social platforms (X, LinkedIn, Farcaster, Paragraph) through Postiz and direct APIs. Your use of these integrations is subject to each platform's terms of service.

10.3 Third-Party Liability

We are not responsible for the availability, accuracy, pricing, or conduct of third-party services. If a third-party service becomes unavailable, changes its pricing, or terminates your access, we are not liable for any resulting impact on your use of Borker.

11. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may:

  • Perform maintenance with or without notice
  • Modify, suspend, or discontinue features at any time
  • Experience downtime due to factors beyond our control

We are not liable for any loss or damage resulting from service interruptions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORKER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $199 FOR LIFETIME DEAL HOLDERS.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Indemnification

You agree to indemnify and hold harmless Borker and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your content, or your violation of these Terms.

15. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any reason at our discretion. Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account and data after 30 days
  • No refunds are provided for termination due to Terms violations

You may terminate your account at any time by contacting us.

16. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated via email or notice on the Service. Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the Service.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Borker regarding the Service.

20. Contact

Questions about these Terms? Contact us on X (@borkerxyz).