Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Herd UK Ltd ("Herd", "we", "us", or "our"), governing your access to and use of the Herd platform, website at herduk.co.uk, and all related services (collectively, "the Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy, Refund Policy, and Cookie Policy.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Not have previously had an account terminated for violation of these Terms

If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Description of Service

Herd is a comprehensive platform designed for content creators, agencies, and brands. Our services include:

3.1 For Creators

• Multi-platform social media account management
• Content calendar and scheduling tools
• Analytics and performance tracking across platforms
• Brand partnership discovery and deal management
• Invoice generation and payment tracking
• Media kit creation and sharing

3.2 For Agencies

• Multi-creator roster management
• Campaign coordination and tracking
• Performance reporting across talent
• Brand relationship management

3.3 For Brands

• Creator discovery and search
• Campaign management tools
• Performance analytics and ROI tracking
• Contract and payment management

4. Account Registration

To access most features, you must create an account. By registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your information to keep it accurate
• Choose a strong password and keep it confidential
• Enable two-factor authentication when available for enhanced security
• Be solely responsible for all activities under your account
• Notify us immediately at security@herduk.co.uk of any unauthorized access

4.1 Account Types

We offer different account types:

• Creator: For individual content creators
• Agency: For talent management agencies
• Brand: For companies seeking influencer partnerships

4.2 Account Security

We implement security measures to protect your account, but you acknowledge that no system is completely secure. You are responsible for maintaining the confidentiality of your login credentials.

5. Social Media Platform Connections

When you connect your social media accounts to Herd, you authorize us to:

• Access your public profile information
• Retrieve your content and performance metrics
• Import posts for calendar management and analytics
• Post content on your behalf (only with explicit permission)
• Display analytics and audience data

5.1 Platform Compliance

We access social media platforms through their official APIs in compliance with their terms of service:

• TikTok: TikTok Developer Terms of Service
• Instagram/Facebook: Meta Platform Terms
• YouTube: YouTube API Services Terms of Service
• X (Twitter): Twitter Developer Agreement
• Kick (when enabled): Kick platform and developer terms

5.2 Disconnecting Accounts

You may disconnect any social media account at any time through Settings → Connected Accounts. Upon disconnection, we will stop fetching new data, though historical data may be retained according to our data retention policy.

6. API Terms of Use

If you access Herd's API (where available), you agree to the following additional terms:

6.1 API Access

• API access may require a separate application and approval
• You will keep your API keys confidential
• You will not share API credentials with third parties
• Rate limits apply and must be respected

6.2 Prohibited API Uses

• Excessive requests that overload our systems
• Scraping or bulk data collection
• Creating competing services
• Reselling API access without authorization

7. User Content

7.1 Ownership

You retain all ownership rights to content you create, upload, or import to the Service ("User Content"). We do not claim ownership of your content.

7.2 License Grant

By submitting User Content, you grant Herd a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your content to provide the Service
• Create backups for disaster recovery
• Generate anonymized analytics and insights
• Display public content in our Creator Directory (if you opt in)

7.3 Content Representations

You represent and warrant that your User Content:

• Is your original work or you have the rights to share it
• Does not infringe any third-party intellectual property rights
• Complies with all applicable laws and regulations
• Does not violate any contractual obligations

8. Content Moderation

8.1 Our Rights

We reserve the right, but not the obligation, to:

• Monitor content for compliance with these Terms
• Remove or disable access to content that violates these Terms
• Report illegal content to appropriate authorities
• Suspend accounts that repeatedly violate our policies

8.2 Reporting Violations

If you believe content on our platform violates these Terms or applicable law, please report it to abuse@herduk.co.uk with details of the violation.

8.3 Appeals

If your content is removed or your account is suspended, you may appeal by contacting appeals@herduk.co.uk within 30 days. We will review your appeal and respond within 14 business days.

9. Acceptable Use Policy

You agree not to use the Service to:

9.1 Illegal Activities

• Violate any applicable laws, regulations, or legal obligations
• Facilitate or promote illegal activities
• Engage in money laundering or fraud
• Evade taxes or facilitate tax evasion

9.2 Harmful Content

• Post content that is defamatory, obscene, or threatening
• Harass, bully, or intimidate other users
• Share hateful content targeting protected characteristics
• Distribute sexually explicit material involving minors
• Promote violence, self-harm, or dangerous activities

9.3 Deceptive Practices

• Impersonate any person, brand, or entity
• Create fake accounts or use purchased followers/engagement
• Provide false information about your metrics or audience
• Engage in undisclosed sponsored content
• Misrepresent your relationship with brands or agencies

9.4 Technical Abuse

• Attempt to gain unauthorized access to our systems
• Use bots, scrapers, or automated tools without permission
• Introduce malware, viruses, or malicious code
• Interfere with or disrupt the Service or servers
• Reverse engineer or decompile any part of the Service

9.5 Intellectual Property Violations

• Infringe on copyrights, trademarks, or other IP rights
• Use others' content without proper authorization
• Circumvent technical protection measures

10. Brand Partnerships & Payments

10.1 Platform Role

Herd facilitates connections between creators and brands but is not a party to your deals. We provide tools to manage partnerships but do not guarantee any specific outcomes.

10.2 Deal Obligations

When you enter into deals through our platform:

• You are responsible for negotiating and fulfilling agreed deliverables
• You must comply with advertising disclosure requirements (e.g., ASA guidelines)
• You must meet deadlines and quality standards agreed upon
• Disputes between parties should first be resolved directly

10.3 Payment Processing

Payments are processed through Stripe. By using our payment features, you also agree to Stripe's Services Agreement. We may charge service fees as disclosed in our pricing.

10.4 Tax Responsibilities

You are solely responsible for determining and paying any taxes on earnings through the Service. We may be required to report earnings to HMRC or other tax authorities.

11. Subscription & Billing

11.1 Subscription Plans

We offer various subscription tiers with different features and pricing. Current plans and pricing are available at /pricing.

11.2 Payment Terms

By subscribing, you agree to:

• Pay all applicable fees at the prices in effect when charges are incurred
• Provide valid payment information and keep it updated
• Automatic renewal unless cancelled before the renewal date

11.3 Cancellation & Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. Refunds are provided in accordance with our Refund Policy.

11.4 Price Changes

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

12. Intellectual Property

12.1 Herd's IP

The Service, including its software, design, logos, branding, and all content created by us (excluding User Content), is owned by Herd UK Ltd and protected by copyright, trademark, and other intellectual property laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purposes, subject to these Terms.

12.3 Restrictions

You may not:

• Copy, modify, or distribute our intellectual property without permission
• Use our trademarks without prior written consent
• Create derivative works based on our Service
• Remove or alter any proprietary notices

12.4 DMCA/Copyright Complaints

If you believe content on our Service infringes your copyright, please contact our designated agent at dmca@herduk.co.uk with:

• Identification of the copyrighted work
• Identification of the allegedly infringing content
• Your contact information
• A statement of good faith belief
• A statement of accuracy and authorization, signed under penalty of perjury

13. Third-Party Services

The Service integrates with and links to third-party services. We are not responsible for the content, policies, or practices of third parties, including:

• Social media platforms (TikTok, Instagram, YouTube, X, Facebook)
• Payment processors (Stripe)
• Analytics providers
• Cloud hosting services

Your use of third-party services is subject to their respective terms and privacy policies.

14. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF RESULTS

WE DO NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM USING THE SERVICE, INCLUDING FOLLOWER GROWTH, BRAND DEALS, OR EARNINGS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• HERD UK LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION
• WE ARE NOT LIABLE FOR ACTIONS OF THIRD PARTIES, INCLUDING BRANDS OR AGENCIES

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

16. Indemnification

You agree to indemnify, defend, and hold harmless Herd UK Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your dealings with brands, agencies, or other users

17. Termination

17.1 Termination by You

You may delete your account at any time through Settings → Account → Delete Account. Upon deletion, your account and associated data will be processed according to our Privacy Policy.

17.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or any applicable policies
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• Required by law or legal process
• We discontinue the Service (with notice)

17.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Outstanding payment obligations remain due
• Provisions that should survive termination will continue to apply
• We may retain certain data as required by law

18. Dispute Resolution

18.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at legal@herduk.co.uk to attempt to resolve any dispute informally. We will endeavour to respond within 14 business days.

18.2 Mediation

If informal resolution fails, either party may propose mediation through a mutually agreed mediator. Mediation costs will be shared equally unless otherwise agreed.

18.3 Time Limit

Any claim arising under these Terms must be brought within one year of the cause of action, or the claim is permanently barred.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, war, terrorism, or civil unrest
• Government actions or changes in law
• Internet or utility outages
• Cyberattacks or system failures beyond our control
• Pandemics or public health emergencies
• Third-party service provider failures

20. Severability & Waiver

20.1 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.2 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

20.3 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and Herd UK Ltd regarding the Service.

21. Changes to Terms

We may update these Terms from time to time. When we make changes:

• We will update the "Last updated" date at the top
• For material changes, we will notify you by email and/or prominent notice
• We will provide at least 30 days' notice before material changes take effect
• Continued use after changes constitutes acceptance

If you do not agree to the updated Terms, you must stop using the Service before the changes take effect.

22. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

Subject to the dispute resolution provisions above, any legal proceedings must be brought in the courts of England and Wales, and you consent to the exclusive jurisdiction of those courts.

If you are a consumer resident in the European Union or United Kingdom, you may also have the benefit of any mandatory provisions of the law of your country of residence.

23. Contact Us

If you have any questions about these Terms of Service, please contact us: