Terms & Conditions

1. About PostPanel

PostPanel provides a service that enables customers to submit draft social media content and receive feedback from a selected panel of real people.

PostPanel is designed to provide additional perspectives on proposed social media content before publication. It is a feedback service and is not a market research, advertising, marketing, legal, financial or other professional advisory service.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or use PostPanel.

If you use PostPanel on behalf of a business or other organisation, you confirm that you have authority to accept these Terms on its behalf.

3. The PostPanel service

A standard PostPanel feedback report is based on feedback from 5 individual reviewers selected using available audience criteria associated with your submission.

PostPanel may use third-party participant platforms and service providers to recruit and manage reviewers.

We will use reasonable efforts to obtain reviewers matching the audience criteria selected by you. Reviewer availability and the precision with which particular audience characteristics can be matched may depend on the available participant pool and information available through our reviewer recruitment providers.

4. What PostPanel feedback means

PostPanel provides subjective feedback from individual people.

Reviewer opinions, ratings, written responses, PostPanel Scores, summaries and other report information represent feedback on the submitted content. They should not be interpreted as a statistically representative market research study or as a prediction of how the wider market will respond.

A panel of 5 reviewers is a small feedback panel and does not represent every person within a particular audience, demographic or market.

Different people may respond differently to the same content.

5. No guarantee of performance

PostPanel does not guarantee that content receiving a particular score or type of feedback will achieve any particular result when published.

In particular, PostPanel does not guarantee:

• social media reach or impressions;
• engagement;
• follower growth;
• clicks or website traffic;
• enquiries or leads;
• conversions;
• sales or revenue;
• advertising performance;
• algorithmic distribution;
• audience response; or
• any other commercial, marketing or social media outcome.

Implementing reviewer suggestions does not guarantee improved performance.

Actual results may be affected by numerous factors outside PostPanel's control, including the social media platform, algorithm changes, timing, competition, audience, advertising spend, offer, pricing, brand, distribution and broader market conditions.

6. Customer decisions

PostPanel provides information to assist you in evaluating your content. You remain responsible for deciding whether and how to use the feedback.

You are responsible for reviewing the report, exercising your own judgement and deciding whether to publish, change, replace or otherwise use your submitted content.

To the extent permitted by law, PostPanel is not responsible for business, marketing, advertising or other decisions made by you based on reviewer feedback or a PostPanel report.

7. Scores and summaries

PostPanel may calculate scores and other metrics from reviewer responses.

PostPanel may also use automated systems, including artificial intelligence, to organise or summarise written reviewer feedback.

Automated summaries are intended to make human feedback easier to understand. They do not replace the underlying reviewer responses and should not be treated as independent professional advice.

Where there is a difference between a summary and the underlying reviewer responses, you should refer to the underlying responses.

8. Content you submit

You retain ownership of the content you submit to PostPanel, subject to the rights you grant to us under these Terms.

By submitting content, you grant PostPanel a non-exclusive, worldwide, royalty-free licence for the period reasonably necessary to host, store, reproduce, display, transmit and otherwise process that content solely as necessary to:

• provide the Service;
• display the content to selected reviewers;
• collect reviewer feedback;
• generate your feedback report;
• provide technical and customer support;
• maintain security and integrity of the Service; and
• comply with applicable legal obligations.

This licence does not transfer ownership of your content to PostPanel.

9. Your responsibility for submitted content

You represent and warrant that:

• you own the content you submit or have the necessary rights and permissions to use and submit it;
• you have authority to allow PostPanel to process and display the content to reviewers;
• your submission does not unlawfully infringe another person's copyright, trade mark, privacy, publicity or other rights;
• your submission does not contain information you are prohibited from sharing;
• your submission complies with applicable law; and
• information you provide to PostPanel is materially accurate.

You are responsible for obtaining any permissions or consents required in relation to people, brands, music, photographs, video, intellectual property or other material contained in your submission.

10. Prohibited content and use

You must not use PostPanel to submit or distribute content that:

• is unlawful or fraudulent;
• infringes another person's intellectual property or other legal rights;
• contains personal information you are not authorised to disclose;
• contains highly sensitive or confidential information that is inappropriate for disclosure to reviewers;
• contains malicious software or code;
• facilitates unlawful activity;
• exploits or endangers children;
• impersonates another person or organisation in a misleading manner; or
• otherwise uses PostPanel for an unlawful purpose.

PostPanel may refuse, suspend or remove a submission where we reasonably believe it breaches these Terms, creates a security or legal risk, or is inappropriate for the Service.

11. Confidentiality of submitted drafts

PostPanel is designed to obtain feedback from third-party reviewers. You acknowledge that submitted content must therefore be displayed to selected reviewers.

You should not submit trade secrets, embargoed material or other highly confidential information that should not be disclosed to third parties.

While PostPanel takes reasonable steps in operating the Service, PostPanel cannot guarantee that a reviewer will never copy, record, disclose or otherwise misuse content they are shown.

You should consider this before submitting commercially sensitive or confidential material.

12. Reviewer conduct and independence

Reviewers are third-party individuals and are not employees, agents, consultants or professional advisers of PostPanel.

Reviewer responses reflect their individual opinions.

PostPanel may use third-party platforms to recruit, screen and administer reviewers and may take reasonable measures to maintain the integrity of the feedback process.

However, PostPanel cannot guarantee that every reviewer will interpret content in the same way or provide feedback of the same length, style or usefulness.

13. Audience targeting

PostPanel allows you to select certain audience characteristics.

Reviewer matching depends on the targeting information and participant availability supported by PostPanel and its third-party recruitment providers.

Audience descriptions or free-text information provided by you may be supplied to reviewers as context without necessarily being used as an eligibility criterion.

Unless expressly stated otherwise, PostPanel does not guarantee that every characteristic described in free-text audience information will be independently verified.

14. Prices and payment

Prices are displayed on the PostPanel website in the applicable currency before purchase.

You agree to pay the price displayed at checkout together with any taxes or charges that are properly payable.

Payments may be processed by a third-party payment provider such as Stripe.

A submission may not be released for reviewer recruitment until payment has been successfully completed.

15. Cancellations and change of mind

Because PostPanel may begin recruiting and compensating reviewers shortly after a paid submission is received, cancellation may not be possible once reviewer recruitment or processing has commenced.

If you contact us before processing has commenced, we may be able to cancel the order and provide a refund.

Nothing in this section limits any refund, cancellation or other right you have under a law that cannot legally be excluded or restricted.

16. Problems with a PostPanel service

If we are unable to provide the purchased PostPanel service, for example because we cannot obtain the required number of suitable reviewers within a reasonable period, we may:

• continue attempting to fulfil the order;
• contact you about alternative audience criteria where appropriate; or
• offer an appropriate refund or other remedy.

Your rights under applicable consumer protection law are not excluded by these Terms.

17. Feedback, Reviewer Responses and Refunds

PostPanel provides feedback from independent reviewers based on their individual opinions and perceptions of the content submitted. Reviewer feedback is subjective and may be positive, negative, mixed or different from the views or expectations of the customer.

PostPanel does not guarantee any particular score, response, opinion, level of engagement, marketing outcome or other result. A customer is not entitled to a refund solely because they disagree with, are dissatisfied with, or do not receive the outcome they expected from reviewer feedback.

Reviewers are asked to provide genuine and relevant responses to the questions presented to them. The length and level of detail of written responses may vary between reviewers, and PostPanel does not guarantee a minimum word count or response length.

If PostPanel reasonably determines that a reviewer response is clearly invalid, irrelevant, nonsensical or otherwise does not constitute a genuine attempt to provide the requested feedback, PostPanel may arrange replacement feedback from another reviewer.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

18. Turnaround times

Any turnaround time displayed or communicated by PostPanel is an estimate unless expressly stated otherwise.

Completion may depend on factors outside our direct control, including reviewer availability, audience criteria, third-party platform availability and technical services.

We do not guarantee a specific completion time unless we expressly agree to one in writing.

19. Technical availability

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation.

PostPanel may occasionally be unavailable because of maintenance, updates, internet failures, third-party service interruptions, security incidents or circumstances outside our reasonable control.

We may modify, maintain, update or temporarily suspend parts of the Service where reasonably necessary.

20. Third-party services

PostPanel relies on third-party providers to operate parts of the Service, which may include payment providers, reviewer recruitment platforms, artificial intelligence providers, hosting and database services and email providers.

PostPanel is not responsible for independent third-party services to the extent that an interruption, failure or action is outside PostPanel's reasonable control, subject always to rights and remedies that cannot lawfully be excluded.

21. Intellectual property in PostPanel

PostPanel materials

Except for Customer Content (described below) and third-party materials, all intellectual property rights in PostPanel are owned by or licensed to PostPanel. This includes, where applicable:

• the PostPanel name, branding, logos and visual identity;
• website content and copy;
• the design of the PostPanel website and platform;
• graphics and other original materials;
• PostPanel reports and the way they are presented;
• the PostPanel scoring framework and its presentation;
• the PostPanel feedback question framework;
• PostPanel software and platform functionality;
• PostPanel's original processes, systems and methodologies; and
• templates and other PostPanel materials,

(together, "PostPanel Materials").

General ideas and concepts

These Terms do not claim ownership of general ideas, concepts or business practices beyond the rights that intellectual property laws actually protect.

Your use of your report

When you purchase a PostPanel service, you may use the feedback and report provided to you for your own personal or business purposes. You do not acquire ownership of any PostPanel Materials, and no intellectual property in PostPanel Materials is transferred to you.

Restrictions

Except where permitted by law or with PostPanel's prior written permission, you must not:

• copy, reproduce or republish PostPanel Materials;
• commercially exploit PostPanel Materials, including by reselling or licensing them;
• reproduce, or create substantially similar versions of, PostPanel's proprietary reports, templates or materials;
• remove or obscure PostPanel branding or intellectual property notices from PostPanel Materials; or
• reverse engineer, decompile or attempt to gain unauthorised access to the PostPanel platform or its underlying systems.

This does not prevent you from using, copying or sharing your own report for your own purposes as described above.

Your content

You keep ownership of the social media content, images, videos, captions and other materials you upload to PostPanel ("Customer Content"). PostPanel receives only the limited licence described in section 8 (Content you submit). That licence covers only what is reasonably required to process your content and provide the PostPanel service. PostPanel does not acquire ownership of your Customer Content.

22. Privacy

PostPanel handles personal information in accordance with its Privacy Policy.

By using the Service, you acknowledge that submitted content and relevant information will be processed as described in that policy, including being displayed to selected reviewers where necessary to provide the Service.

23. Consumer rights

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable consumer protection law.

For Australian customers, this includes rights that may apply under the Australian Consumer Law.

Where PostPanel services are subject to statutory consumer guarantees, those guarantees continue to apply regardless of anything else in these Terms.

24. Limitation of liability

To the maximum extent permitted by applicable law, PostPanel excludes liability for indirect, incidental, special or consequential loss arising from or connected with use of the Service, including loss of profits, revenue, business opportunities, goodwill or anticipated savings, where such liability may lawfully be excluded.

To the maximum extent permitted by applicable law, and subject to rights and liabilities that cannot lawfully be excluded or limited, PostPanel's aggregate liability arising out of or relating to a particular purchased PostPanel service will not exceed the amount paid by you for that service.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

25. Your responsibility for claims relating to submitted content

To the extent permitted by law, you are responsible for loss, liability, damage or reasonable costs incurred by PostPanel as a direct result of a third-party claim arising from content you submitted in breach of the warranties and obligations in these Terms, including where you did not have the necessary rights, permissions or authority to submit that content.

This provision does not apply to the extent that the loss was caused by PostPanel's own unlawful conduct, negligence or breach of these Terms.

26. Misuse and suspension

PostPanel may suspend or refuse access to the Service where we reasonably believe that:

• these Terms have been materially breached;
• PostPanel is being used unlawfully or fraudulently;
• a submission presents a material legal, privacy or security risk;
• payment is fraudulent, reversed or unauthorised; or
• suspension is reasonably necessary to protect PostPanel, reviewers, customers or third parties.

Where appropriate and reasonably practicable, we will explain the reason for the suspension or refusal.

27. Changes to the Service

PostPanel may improve, modify or update features of the Service over time.

We may also change pricing for future purchases.

A pricing change will not retrospectively alter the price of a completed purchase.

28. Changes to these Terms

We may update these Terms from time to time to reflect changes to the Service, our business practices or applicable laws.

The version applying to a purchase will generally be the Terms presented or made available to you at the time of that purchase, except where a change is required by law or expressly agreed with you.

The current version will be published on our website with its last updated date.

29. Governing law

These Terms are governed by the laws of Victoria, Australia, subject to any mandatory consumer protection or other laws that apply to you and cannot lawfully be excluded.

Nothing in this section deprives you of protections you are entitled to under mandatory applicable law.

30. Disputes

If you have a concern about the Service, please contact PostPanel first so we can attempt to resolve the matter.

Contact: support@postpanel.co

We will attempt to resolve disputes reasonably and in good faith.

Nothing in this section prevents either party from exercising rights available under applicable law.

31. Severability

If a provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally permitted, and the remaining provisions will continue to apply.

32. Entire agreement

These Terms, together with the Privacy Policy and any specific terms presented to you when purchasing a Service, form the agreement between you and PostPanel concerning your use and purchase of the Service.

33. Contact

Questions about these Terms can be directed to: