Terms of Service

Last updated: August 24, 2026

These Terms govern your use of Postcone, an event analytics service operated by MajesticPenguin LLC, a Delaware limited liability company ("Postcone", "we", "us"). By creating an account, or by using the Service on behalf of an organization, you agree to these Terms.

If you are agreeing on behalf of a company, you represent that you have authority to bind it, and "you" means that company. The Service is for business use and is not offered to consumers or to anyone under 18.

Separate documents cover related ground: our Privacy Policy describes how we handle personal information, and our Sub-processor list names the third parties involved. Where those conflict with these Terms in respect of the Service, these Terms control.

1. Definitions

Customer Data — the event data, table contents, schemas, and query text you or your users send to the Service, together with Analysis Output. Customer Data is yours, not ours.

Analysis Output — semantic type suggestions, column statistics, summaries, suggested data views, and other results the Service produces by analysing one customer's Customer Data. Analysis Output is Customer Data. You own it, and every restriction these Terms place on Customer Data applies to it, §4.2 included.

Account Data — information we hold to operate your account: names, email addresses, workspace and membership records, API key metadata, billing details, and service logs.

Usage Data — information about how you use the Service: feature and API usage, query volumes and shapes, latency, error rates, and similar operational telemetry. Usage Data does not include Customer Data.

Derived Data — aggregated, de-identified information computed across many customers, from which no customer, user, or individual can reasonably be identified, and which contains no Customer Data. A statistic about how often a column name of a given shape turns out to hold a given kind of value is Derived Data. The column, the values, and the query are not.

Workspace — the container that owns tables, API keys, and members.

Service — the Postcone application, APIs, and ingestion endpoints.

2. Your account

2.1 You must give accurate registration information and keep it current.

2.2 You are responsible for activity under your account and for keeping credentials confidential. API keys carry the permissions of the workspace that issued them; treat them as secrets. Tell us at security@postcone.com promptly if you believe a key or account has been compromised.

2.3 You are responsible for your workspace members and for removing access when someone leaves.

3. The Service

3.1 Grant. Subject to these Terms and to payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use the Service for your business purposes, including analysing your own commercial data.

3.2 Restrictions. You may not resell or provide the Service to third parties as a service of your own; reverse engineer it; use it to build a competing product; or circumvent rate limits, quotas, or access controls.

3.3 Changes. We may change the Service. If we materially reduce functionality you are actively using, we will give reasonable notice, and you may terminate under §8.3 and receive a pro-rata refund of prepaid fees.

3.4 Availability. We aim for high availability but do not commit to a service level under these Terms. Any uptime commitment must be in a separate written agreement.

3.5 Preview features. We may label a feature beta, preview, experimental or early access. Those are provided as-is: they carry no availability commitment, they sit outside the warranties in §10 and the indemnity in §11.1, and we may change or withdraw them at any time without the notice §3.3 requires. They are optional — a preview feature is one you choose to turn on.

Everything else in these Terms still applies to them, and §4 in particular: data you send to a preview feature is Customer Data, and is treated exactly like any other.

4. Customer Data

4.1 You own it. As between you and us, you retain all right, title and interest in Customer Data. We acquire no ownership in it. That includes Analysis Output: a statistic, a type suggestion or a data view that the Service computed from your data is yours, not ours, even though we produced it.

4.2 What we may do with it. You grant us a limited, non-exclusive licence to host, copy, transmit, display and process Customer Data solely to provide, secure, and support the Service for you, and to comply with law. That licence ends when the data is deleted.

We do not use Customer Data to train, fine-tune, or otherwise improve any machine-learning model — not our own, and not anyone else's. This is a commitment we make in this contract, not a default you have to go and change. The licence above does not extend to model development, and no setting in the Service grants it. §5 describes the one case in which samples are sent to a model provider, what that provider may do with them, and how to switch it off.

We do not sell Customer Data. We do not share it with our other customers. We do not train on it, and neither does our model provider. Some analytics companies reserve the right to train on your data and give you a setting to turn that off; we did not reserve the right in the first place.

4.3 Usage Data and Derived Data. We may collect and use Usage Data for any lawful purpose, including operating, securing, supporting and improving the Service, and developing machine-learning models. We may compute Derived Data and use it for those same purposes. Neither identifies you, your users, or the contents of your data.

Where the line is. §4.2 means what it says, and this section is not a way around it. A model of ours may learn from a statistic computed across many workspaces — that columns named a certain way usually hold a certain kind of value, say — because that statistic is not your data and points to no one. It may not learn from your columns, your values, or your queries, and it may not learn from what we computed about them either: Analysis Output is Customer Data, so analysing your data first is not a way to arrive at training input. Moving that line would take an amendment under §14.3 and 30 days' notice. It is not a setting we can flip.

4.4 Your responsibilities. You are responsible for Customer Data and for having the right to send it to us. Specifically, you represent that you have given whatever notices, and obtained whatever consents or other lawful basis, are required for us to process it as described in these Terms and the Privacy Policy.

4.5 Data you should not send. Do not send us protected health information, payment card numbers, government identifiers, precise geolocation, biometric data, children's data, or other sensitive categories, unless we have agreed in writing in advance. The Service is not built for them, and we are not a HIPAA business associate or a PCI service provider.

5. Automated features and model providers

5.1 Parts of the Service use a third-party large language model to suggest what your columns mean and which data views are worth building. This runs automatically: when a table's schema changes, the Service analyses it without waiting to be asked. It is not a button you press.

5.2 What is sent. For those features we send the model provider the column name, summary statistics for the column, and a small number of example values taken from your data. We send samples, not whole tables or whole rows.

5.3 What the provider may do with it. The provider does not train on our requests, fine-tune on them, or use them to improve its models. It does not retain request content beyond short-lived operational caching of up to 24 hours, after which the content is purged. The provider is named in our Sub-processor list.

5.4 Turning it off. A workspace owner may have LLM-assisted features disabled for the workspace, after which no Customer Data from that workspace is sent to the model provider. The affected suggestions simply do not appear.

Ask at support@postcone.com and we will do it. A switch you can operate yourself is being built; until it ships, the request is the mechanism, and we will act on it promptly.

5.5 Suggestions produced this way are inferences and may be wrong. Check them before relying on them.

6. Acceptable use

You may not use the Service to break the law; to send data you have no right to send; to store or transmit malware; to attempt unauthorized access to the Service or to another customer's data; or to place a load on the Service designed to degrade it for others.

We may suspend access without notice where we reasonably believe it is necessary to protect the Service, other customers, or third parties. We will tell you why as soon as we reasonably can, and restore access once the cause is resolved.

7. Fees

7.1 Paid plans are billed in advance on the interval shown at checkout and renew automatically until cancelled. You may cancel at any time from billing settings; cancellation takes effect at the end of the current period.

7.2 Fees are non-refundable except where these Terms say otherwise or law requires it. Fees exclude taxes, which you are responsible for other than taxes on our income.

7.3 If payment fails we may retry, and may suspend the Service after reasonable notice. Suspension for non-payment does not by itself delete Customer Data; §8.4 governs that.

7.4 We may change prices with at least 30 days' notice before the start of your next billing period.

8. Term, termination and what happens to your data

8.1 These Terms run until your account is closed.

8.2 You may stop using the Service and close your account at any time.

8.3 Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate immediately for a breach of §6 that we reasonably consider serious.

8.4 Data after termination. For 30 days after termination you may export Customer Data through the Service or by asking us. After that window we delete Customer Data from live systems, and it ages out of backups on our normal backup cycle. We will confirm deletion in writing if you ask.

8.5 Sections 4.1, 9, 10, 11, 12 and 14 survive termination.

9. Confidentiality

Each party may receive the other's non-public information. The recipient will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to people who need it and are under similar obligations. This does not cover information that is public, independently developed, or lawfully received from someone else. Disclosure required by law is permitted, with notice where legally allowed.

Customer Data is your confidential information.

10. Warranties and disclaimers

10.1 Each party warrants it has authority to enter into these Terms.

10.2 We warrant that we will provide the Service with reasonable skill and care, and will not materially reduce its security during a paid term.

10.3 Otherwise, the Service is provided "as is". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that analytical output will be accurate or fit for any particular decision.

11. Indemnities

11.1 By us. We will defend you against a third-party claim that the Service infringes that party's intellectual property rights, and pay damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, from your use of the Service in breach of these Terms, or from combination with anything we did not supply.

11.2 By you. You will defend us against a third-party claim arising from Customer Data or your breach of §4.4, §4.5 or §6, and pay damages finally awarded or agreed in settlement.

11.3 The party seeking indemnity must give prompt notice, let the other control the defence, and cooperate reasonably.

12. Limitation of liability

12.1 Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.

12.2 Each party's total liability arising out of these Terms is limited to the fees you paid or owed in the twelve months before the event giving rise to the claim. If you have not paid us anything, that limit is US$100.

12.3 §12.1 and §12.2 do not limit liability for a party's indemnity obligations under §11, for breach of §9, for your obligation to pay fees, or for anything that cannot be limited by law.

13. Feedback and publicity

13.1 If you send us suggestions about the Service, we may use them freely and without obligation. Do not send us anything you consider confidential.

13.2 We will not use your name or logo publicly as a customer without your prior written consent.

14. General

14.1 Governing law. These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Disputes. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware. The arbitration may be conducted remotely or on written submissions.

Each party brings claims only in its individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one party or preside over any representative proceeding.

Either party may instead bring an individual claim in small claims court. Either party may also seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information without first arbitrating. To the extent any dispute proceeds in court, each party waives any right to a jury trial.

14.3 Changes. We may revise these Terms. For material changes we will give at least 30 days' notice by email or in the application. Continuing to use the Service after they take effect means you accept them; if you do not, stop using the Service and we will refund prepaid fees for the unused period.

14.4 Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets.

14.5 Notices. To you: the email on your account, or in-app. To us: support@postcone.com, or 1522 Western Ave STE 80544, Seattle, WA 98101.

14.6 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not excuse payment.

14.7 Independent contractors. These Terms create no partnership, agency, or employment relationship.

14.8 Severability and waiver. If a provision is unenforceable it is modified to the minimum extent necessary and the rest stands. Failure to enforce a right is not a waiver of it.

14.9 Export and sanctions. You represent that you are not located in an embargoed country and are not on a US restricted-party list, and that you will not use the Service in violation of export control laws.

14.10 Entire agreement. These Terms, the Privacy Policy, the Sub-processor list, our Data Processing Agreement and any order form are the entire agreement about the Service, and supersede prior discussions.

Contact

MajesticPenguin LLC
1522 Western Ave STE 80544
Seattle, WA 98101
support@postcone.com