Terms of Service

1. Acceptance of Terms

By creating an account or using Proclame (“the Service”), operated by Proclame AI LLC, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms apply to all users, including free trial users and paid subscribers.

2. Description of Service

Proclame is an AI-powered social media content tool for businesses and nonprofits. The Service generates post captions, recommends publishing schedules, and provides a media library (Proclame Hub) for photos contributed by you or your customers. Content is generated using third-party AI APIs, including Anthropic's Claude.

3. Subscriptions and Billing

Paid plans are billed on a monthly basis through Stripe. All new accounts begin with a 30-day free trial. No payment method is required to start it. A valid payment method is required when you choose a paid plan; if you choose a plan during your trial, the first charge occurs when the trial ends unless you cancel before then. You may cancel at any time from your account settings.

You may cancel your subscription at any time from the Settings page. Your access continues through the end of the current billing period. We do not offer refunds for partial billing periods. Business and nonprofit plans have separate prices, listed in USD on the pricing page. Prices are subject to change with 30 days' notice.

4. Your Content and Responsibilities

You are solely responsible for reviewing AI-generated content before publishing it. Proclame does not verify the accuracy of generated posts. You must ensure that any post you publish, including pricing, promotions, availability, claims, and images, is accurate, lawful, and compliant with the platform policies of Facebook, Instagram, TikTok, and any other platform you post to.

By uploading photos or other media to the Service, you grant Proclame a limited, non-exclusive license to store and process that media solely for the purpose of providing the Service to you. You represent that you own or have the rights to any content you upload.

5. Proclame Hub and Contributors

The Proclame Hub feature allows you to invite volunteers, staff, customers or team members (“Contributors”) to upload photos, and a short description of what is happening in them, via a shareable photo link or QR code. Contributors do not create accounts and provide only a first name. You are responsible for obtaining any necessary consent from Contributors before sharing their images on social media. Contributor uploads are held for your review and approval, nothing is published without your explicit action.

6. Connected Social Accounts

When you connect a Facebook, Instagram or LinkedIn account, you authorize Proclame to publish content to that account on your behalf. All publishing is done exclusively to your own connected account, Proclame does not post to any shared or platform-owned accounts. You can disconnect your social accounts at any time from Settings.

7. Nonprofit Accounts and Pricing

Proclame offers separate plan prices for nonprofit organizations and for businesses, shown on our pricing page. A nonprofit is an organization that operates for charitable, educational, religious, civic or community purposes and not for private profit. You choose the account type when you sign up, and the price that applies is the one shown for that type at the time you subscribe.

By choosing the nonprofit price you confirm that your organization qualifies. We may ask you to show that it does. If an account on the nonprofit price does not qualify, we may move it to the business price from its next billing period. Changing an account’s type does not change the rules in Section 4 about reviewing and approving what is published.

8. People in Photos, Minors and Permissions

You are responsible for having every permission needed to post the photos and videos you publish, including from people who appear in them. Where the law, your organization’s policy or ordinary care requires a release or a parent or guardian’s permission, particularly for children and for people receiving services, you must have it before you approve a post. Proclame does not collect, check or verify permissions.

Proclame may flag a photo that appears to show children, a vulnerable moment or private information, and its writing is designed not to name or describe the private circumstances of the people it shows. These are aids, not guarantees. They can miss things, and they do not replace your own review. Nothing is published without your approval, and deciding whether a photo and caption are appropriate to publish is your responsibility.

9. Fundraising and Donations

Proclame writes and schedules social media posts. It is not a fundraising platform, it does not collect or process donations, and it is not a professional fundraiser or fundraising counsel. Any donation link in a post is one you provide, and you are responsible for your own fundraising practices, including charitable solicitation registration, acknowledgement and receipting, and any statements about tax deductibility or how gifts are used. Proclame will not add such statements unless you supply them, and you must confirm that anything you publish is accurate.

10. Referrals

If you share your referral link and someone signs up through it and becomes a paying subscriber, one free month is credited to the next invoice of both the referrer and the referred customer, each at their own plan price. Credit is applied automatically and has no cash value. Referrals are only counted for genuinely new accounts, and we may withhold credit for self-referrals, duplicate accounts, or accounts that cancel and resubscribe. We may change or end the referral program at any time, but credit already earned will be honoured.

11. Fair Use and Prohibited Conduct

Proclame is intended for legitimate businesses and nonprofits generating content for their own social media. You may not use the Service to generate spam, misleading content, content that violates any applicable law, or content for accounts you do not own or have authorization to manage. We reserve the right to suspend or terminate accounts that violate these terms without refund.

12. No Guarantee of Results

Proclame helps you publish consistent, on-brand social media content, but we make no guarantees regarding outcomes such as increased bookings, donations, volunteers, followers, revenue, or engagement. Results depend on many factors outside our control, including the quality of your business, your market, and the platforms' own algorithms.

13. Limitation of Liability

To the maximum extent permitted by law, Proclame shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to loss of business, revenue, or data. Our total liability to you for any claim shall not exceed the amount you paid us in the 3 months preceding the claim.

14. Changes to These Terms

We may update these terms from time to time. We will notify you of material changes via email or an in-app notice. Continued use of the Service after changes take effect constitutes your acceptance of the updated terms.

15. The iPhone App

These Terms also apply when you use Proclame through the iPhone app. They are between you and Proclame AI LLC only, not Apple. Proclame, not Apple, is responsible for the app and its content, for any support or maintenance, and for any claim about it. Apple has no obligation to provide support or maintenance, and if the app fails to meet a warranty, you may tell Apple and it may refund the purchase price, if any; beyond that Apple has no other warranty obligation for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also follow the usage rules of the Apple Media Services Terms, and you represent that you are not in a country under a U.S. embargo or on a U.S. list of prohibited parties.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Kentucky.

17. Contact

Questions about these terms? You can reach us at:

Proclame AI LLC
12310 Owl Court
Louisville, Kentucky
support@proclame.ai