Terms of Service

Effective date: 1 July 2026

These Terms of Service (these “Terms”) are a binding agreement between you (“you”, “your”, or the “Subscriber”) and Independent Culture Limited, a company registered in England and Wales, trading as “HumanCulture” (“we”, “us”, “our”, or “HumanCulture”). They govern your access to and use of our Services.

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are accepting on behalf of a company, label, agency, or other organisation, you confirm you have authority to bind that organisation, and “you” refers to it. If you do not agree, do not use the Services.

1. Definitions

“Account” the unique account created for you to access the Services.

“Authorised User” an individual you permit to use the Services under your Account — for example your staff, or the staff of a Client you manage — each using their own login credentials.

“Client” where you are an agency, label, or manager, a third party (such as an artist or brand) on whose behalf you use the Services.

“Insights” the predictions, scores, performance-driver analyses, recommendations, benchmarks, visualisations, and other outputs the Services generate.

“Subscriber Content” data, briefs, creative, captions, and other materials you or your Authorised Users upload to or transmit through the Services, including any Third-Party Content you bring in.

“Third-Party Content” data the Services collect on your behalf from Third-Party Platforms, such as social-media engagement metrics.

“Third-Party Platform” any third-party product or service used with the Services, including social-media networks and their application programming interfaces (APIs).

“Plan” the specific tier, features, and limits applicable to your subscription, as shown on the billing page within the Services.

“Services” the HumanCulture predictive content-intelligence platform, our web and any mobile applications, related analytics and dashboards, support, and documentation.

“Subscription Term” the period of your subscription as shown at sign-up or on your billing page.

2. The Services and Your Account

2.1 Right to use

Subject to these Terms and your Plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services during your Subscription Term for your own internal business operations, including on behalf of your Clients where your Plan permits.

2.2 Sign-up and accounts

You must provide accurate registration information and keep it current. You are responsible for all activity under your Account, for keeping credentials confidential, and for ensuring each Authorised User has their own login. You must notify us promptly if you suspect any unauthorised use of your Account.

2.3 Authorised Users and Clients

You are responsible for your Authorised Users' and Clients' compliance with these Terms and for all Subscriber Content under your Account. If you act for Clients, you confirm you have obtained the authorisations and consents needed, and you must ensure one Client's confidential information cannot be accessed by another.

2.4 Eligibility

You confirm that you and your Authorised Users are at least 18 years old and are not barred from using the Services under any applicable law.

3. Nature of the Insights — No Guarantee of Outcomes

Please read this section carefully. The Services use data and statistical modelling to identify likely drivers of social-content performance and to generate predictions and recommendations. The Insights are probabilistic and informational only.

• The Insights are estimates about uncertain future events. They are not promises, guarantees, or warranties that any content, post, campaign, or strategy will achieve any particular reach, engagement, growth, revenue, or other result.
• Outcomes on social platforms depend on many factors outside our control — including platform algorithms, audience behaviour, timing, and the creative itself — which no prediction can fully account for.
• You are solely responsible for your own publishing, creative, commercial, and business decisions. The Insights support those decisions; they do not replace your judgement, and you should not rely on them as the sole basis for any decision with significant consequences.
• We rely on Third-Party Platform data that we do not control and cannot independently verify, and we do not warrant that the Insights are accurate, complete, or fit for any particular purpose.

4. Third-Party Platforms and Platform Compliance

The Services connect to Third-Party Platforms to collect data on your behalf. By enabling a connection, you authorise a secure authentication token to pass between that platform and the Services. You can disconnect a Third-Party Platform or revoke that authorisation at any time through your Account or through the relevant platform's own settings.

You must comply with the terms, developer policies, and acceptable-use policies of every Third-Party Platform you connect, and you authorise us to access and process data from your connected accounts only as needed to provide the Services and in accordance with those platforms' terms. We access, store, and use Third-Party Content solely to provide the Services to you; we do not sell it, and we do not use it for any purpose prohibited by the originating platform. Where a Third-Party Platform requires it, we will delete Third-Party Content on your instruction, on disconnection, or on termination, except where we are required to retain it by law.

We do not control and are not responsible for Third-Party Platforms, their availability, or how they handle data. A Third-Party Platform may change or withdraw access to its data or features at any time, which may change or remove parts of the Services; we are not liable to you for any resulting loss, and this is not a ground for a refund.

As regards Third-Party Content, you act as the data controller and we act as your data processor. You confirm you have the rights and consents needed for us to process that data on your behalf.

5. Fees and Payment

5.1 Plans and billing

Your Plan, its price, and its limits are shown on the billing page within the Services. You authorise us, and our third-party payment processor, to charge your payment method for the recurring fees for your Plan, plus any add-ons, on each billing date until you cancel.

5.2 Renewal

Unless your Plan states otherwise, subscriptions renew automatically at the end of each billing cycle at the then-current price. You can cancel before the next billing date through your Account settings; cancellation takes effect at the end of the current cycle.

5.3 Price changes

We may change prices. For monthly Plans, changes take effect from the next billing date. For longer Plans, we will give you reasonable advance notice before the change takes effect at renewal.

5.4 Failed payments

If a payment fails, we may retry it and may suspend or limit your access until amounts due are paid. You remain responsible for charges incurred before any suspension.

5.5 Refunds

Except where these Terms expressly state otherwise or applicable law requires, fees are non-refundable, including for partial periods, unused Services, and voluntary downgrades or cancellations during a term.

5.6 Taxes

Fees are exclusive of VAT and other applicable taxes, which you are responsible for paying, other than taxes on our income.

6. Acceptable Use

You agree not to, and not to permit any Authorised User or Client to:

• use the Services other than as permitted by these Terms, or in breach of any applicable law or Third-Party Platform terms;
• copy, resell, redistribute, or sublicense the Services or the Insights except as your Plan expressly allows;
• reverse engineer the Services, use them to build a competing product, or use them if you are a competitor of HumanCulture;
• use bots or automated means to extract data beyond what the Services' normal functionality provides;
• upload unlawful, infringing, or harmful content, or anything you lack the rights to; or
• attempt to gain unauthorised access to, disrupt, or compromise the Services or their security.

We may suspend or restrict access where we reasonably believe it is necessary to prevent harm, a security risk, or a breach of these Terms or applicable law.

7. Data Protection and Privacy

Our collection and use of personal data is described in our Privacy Policy. Where we process personal data on your behalf as part of the Services — for example, Third-Party Content about audiences and creators — we do so as your processor under our Data Processing Addendum, which forms part of these Terms where applicable. Our processing of personal data complies with the UK General Data Protection Regulation and the Data Protection Act 2018.

You are responsible, as controller, for having a lawful basis for the data you bring into or generate through the Services, for providing any required notices or obtaining any required consents, and for not uploading special-category or other sensitive personal data unless lawfully permitted.

We may use aggregated and de-identified data — from which you, your Authorised Users, and your Clients cannot be identified — to operate, secure, and improve the Services and to develop benchmarks and models. We own the Insights and models derived from such aggregated data. We do not disclose your data to third parties for their own marketing purposes.

8. Intellectual Property

8.1 What you own

You retain ownership of your Subscriber Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, and analyse it for the purpose of providing and improving the Services.

8.2 What we own

We and our licensors own all rights in the Services, the platform, our models, and — subject to your rights in your Subscriber Content — the Insights and their underlying methodology. You receive only the limited rights expressly granted in these Terms.

8.3 Feedback

If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction.

9. Confidentiality

Each party may receive non-public information of the other that a reasonable person would treat as confidential. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to those who need it and are under similar obligations. This does not cover information that is public, already known, independently developed, or rightfully received from a third party, or disclosure required by law, with notice where permitted.

10. Warranties and Disclaimer

You warrant that you will use the Services lawfully, that your registration information is accurate, and that you have the rights to all Subscriber Content you provide.

Except as expressly stated in these Terms, and subject to Section 11, the Services and Insights are provided “as is” and “as available”, and we exclude all warranties, conditions, and representations not expressly set out here, whether express, implied, or statutory, to the fullest extent permitted by law — including implied terms as to satisfactory quality, fitness for a particular purpose, and accuracy. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that the Insights will be accurate or produce any particular result.

11. Limitation of Liability

Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded under applicable law.

Subject to that, and to the fullest extent permitted by law:

• neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill, anticipated savings, or data, however arising; and
• our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees you paid us for the Services in the 12 months before the event giving rise to the claim.

You acknowledge that the Insights are predictive, that you are responsible for your own decisions, and that the limitations in this section reflect the allocation of risk underlying our pricing.

12. Indemnity

You will indemnify us against third-party claims, and reasonable associated costs, arising from your breach of these Terms, your Subscriber Content, your use of Third-Party Platforms, or your or your Authorised Users' or Clients' use of the Services in breach of these Terms or applicable law.

13. Term and Termination

These Terms apply for as long as you use the Services. You may cancel as set out in Section 5. We may suspend or terminate your access if you materially breach these Terms and do not cure a curable breach within a reasonable period, if you fail to pay, or if you use the Services unlawfully or in a way that risks harm to us or others.

On termination, your right to use the Services ends. You may export your Subscriber Content for 30 days after termination, after which we may delete it. Sections that by their nature should survive — including Sections 3, 7 to 12, and 14 — survive termination.

14. General

14.1 Changes to these Terms

We may update these Terms from time to time. We will give you reasonable notice of material changes, for example by email or in-product notice. Continued use after changes take effect means you accept them; if you do not agree, your remedy is to stop using and cancel the Services.

14.2 Beta and free trials

Where the Services, or features within them, are offered on a beta or free-trial basis, they are provided for evaluation only, “as is”, without warranties or indemnities, and we may change or withdraw them at any time. Data entered during a trial may be lost if you do not subscribe.

14.3 Assignment

You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.

14.4 Entire agreement

These Terms, together with the documents they reference such as our Privacy Policy and Data Processing Addendum, are the entire agreement between us regarding the Services and supersede prior discussions.

14.5 No waiver; severability

A failure to enforce a provision is not a waiver of it. If any provision is held invalid, the remaining provisions remain in effect and the invalid provision is limited to the minimum extent necessary.

14.6 Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property or confidential information.

14.7 Contact

If you have questions about these Terms, you can contact us at hello@humanculture.com, or write to us at Independent Culture Limited, Flat 420, The Beaux Arts Building, 10–18 Manor Gardens, London, England, N7 6JW.