PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE CUNICULUM WEBSITE, APPLICATIONS, AND RELATED SERVICES (COLLECTIVELY, THE "SERVICE"). BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL POLICIES OR GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Cuniculum ("Cuniculum", "we", "us", or "our") regarding your use of the Service. In order to protect Cuniculum from any liability and to preserve the integrity of our Service, you agree to the following:
Your use of the Service constitutes your express acceptance of these Terms. If you are entering into this agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and your acceptance of these Terms shall be deemed as acceptance by that organization.
We reserve the right to update or modify these Terms at any time without prior notice. Updated versions will be posted on our website with an updated "Last Updated" date. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We may, but are not obligated to, notify you of material changes via the email address associated with your account. We encourage you to review these Terms periodically.
These Terms, together with our Privacy Policy (available at https://www.cuniculum.com/privacy) and any other policies referenced herein, constitute the entire agreement between you and Cuniculum regarding the Service and supersede all prior communications, whether oral or written.
Cuniculum is a digital platform that provides social media scheduling and management tools. The Service includes functionalities that allow you to schedule posts, manage content across various social media platforms, access analytics, and utilize design tools intended to enhance your online presence. We do not guarantee that the Service will meet your specific requirements or expectations.
Cuniculum reserves the absolute right, at its sole discretion, to modify, suspend, or permanently discontinue, in whole or in part, any feature or functionality of the Service at any time without prior notice or liability to you or any third party. This includes, but is not limited to, alterations affecting both free and paid features. You acknowledge and agree that any fees paid for the Service are non-refundable, regardless of any modifications, suspensions, or terminations.
Cuniculum makes no representations or warranties about the availability, reliability, or performance of the Service. We do not guarantee any specific level of uptime, response time, or functionality. The Service is provided on an "as available" basis, and we expressly disclaim any service level agreements or guarantees.
Users are solely responsible for maintaining backup copies of any content or data submitted, stored, or transmitted through the Service. Cuniculum shall have no liability for any loss of data or User Content resulting from changes to the Service, technical failures, or any other cause.
You must be at least 18 years old (or the minimum age required by your jurisdiction) and possess the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian, who must agree to these Terms on your behalf. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations, including without limitation, data protection, privacy, and export control laws. Any use of the Service in violation of any law is strictly prohibited. You acknowledge that the Service may be subject to U.S. export control laws and regulations. You represent and warrant that you are not located in a country subject to U.S. embargo or trade sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
In order to access certain features of the Service, you must register for an account by providing accurate, complete, and current information as requested. You agree to update such information promptly if it changes. We reserve the right to refuse registration or cancel an account at our sole discretion without providing a reason.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to implement appropriate measures to maintain the security of your account. You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to notify Cuniculum immediately at security@cuniculum.com of any unauthorized use or suspected breach of your account. Cuniculum will not be liable for any loss or damage arising from your failure to secure your account credentials or to comply with this section.
Cuniculum reserves the right, in its sole discretion, to suspend or terminate your account and/or access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to any breach of these Terms or for any conduct deemed harmful to the Service, other users, third parties, or our business interests. Upon termination, we may delete any data associated with your account without any obligation to preserve or return such data to you.
Certain features of the Service are offered on a fee basis. Before subscribing or making any payment, you will be provided with a clear explanation of the applicable fees. All fees are stated in U.S. Dollars or your local currency and are non-refundable unless explicitly stated otherwise in these Terms or required by applicable law. We reserve the right to change our fee structure at any time.
For subscription-based services, your billing cycle begins on the date of your initial subscription (the "Subscription Billing Date") and will automatically renew for successive periods (each a "Subscription Period") unless you cancel before the renewal date. We will attempt to provide notice of upcoming renewals at least seven (7) days before the renewal date, but we do not guarantee such notice. You hereby authorize Cuniculum and its designated third-party payment processors to charge your account for all applicable fees and taxes on or before each Subscription Billing Date.
Cuniculum reserves the right to modify or adjust the fees for any feature of the Service at any time. Notice of price changes will be provided where commercially reasonable, but we may change fees with immediate effect for any reason in our sole discretion. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the modified fee amount. If you cancel your subscription, you will retain access to the Service through the end of your current billing period, but you will not be entitled to a prorated refund for any unused portion.
We may offer free trial subscriptions to certain Services. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period unless you cancel prior to the expiration of the trial period. We reserve the right to terminate free trial offers at any time without notice.
Failure to maintain valid payment information or settle outstanding fees may result in suspension or termination of your account without notice. In the event of non-payment, additional charges, including late payment fees, collection costs, and legal fees, may apply. Cuniculum shall not be liable for any loss of data or content resulting from account termination due to non-payment.
Subject to your full compliance with these Terms, Cuniculum grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes. This license does not include any right to resell the Service or any portion thereof.
You agree not to:
You agree not to:
Failure to adhere to these restrictions may result in immediate suspension or termination of your account without notice and may subject you to legal action.
You retain ownership of all content you upload, post, or otherwise transmit through the Service ("User Content"). However, you are solely responsible for ensuring that your User Content complies with these Terms and does not infringe upon the rights of any third party. You represent and warrant that: (i) you own all rights to your User Content or have obtained all necessary permissions to use it; (ii) your User Content does not violate any law, rule, or regulation; and (iii) your User Content does not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
By submitting User Content, you grant Cuniculum a worldwide, royalty-free, non-exclusive, transferable, sublicensable, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, display, perform, and distribute your User Content for the purpose of operating, promoting, and improving the Service. This license includes the right to sublicense such rights to third parties as necessary. This license survives termination of your account.
While we do not have an obligation to monitor your User Content, Cuniculum reserves the right, at its sole discretion, to pre-screen, review, remove, or restrict access to any User Content that violates these Terms or is otherwise objectionable, without any liability to you. We may remove User Content at any time and for any reason, including if we determine, in our sole discretion, that your User Content violates these Terms.
Cuniculum may offer tools that allow you to import, export, or transfer information (including User Content) to and from third-party services (such as social media platforms). By using these tools, you authorize Cuniculum to transmit such information between the Service and third-party platforms. Cuniculum does not control third-party services and disclaims any responsibility for their content, privacy policies, practices, availability, or handling of your data. Your use of third-party services may be subject to separate terms and conditions established by those third parties. We strongly encourage you to review the terms and privacy policies of any third-party services before sharing your information.
The Service may incorporate third-party software components available under separate licenses. Your use of such Third-Party Components is subject to the applicable third-party licenses. Cuniculum makes no warranties or representations regarding these components and disclaims any liability for their use, modification, or distribution.
All Materials provided through the Service—including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof—are the property of Cuniculum or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any rights to such Materials except as expressly set forth herein. All rights not expressly granted are reserved by Cuniculum and its licensors.
You retain ownership of your User Content. However, by submitting User Content, you grant Cuniculum the license described in Section 7.1. You are solely responsible for ensuring that your User Content does not infringe any third-party rights. Cuniculum respects the intellectual property rights of others and expects its users to do the same.
All trademarks, service marks, logos, and trade names displayed on or through the Service are the property of Cuniculum or its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way without our express written consent. The use of Cuniculum's trademarks on any other website or network computer environment is prohibited unless expressly authorized by Cuniculum.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and appears on our Service, please provide our designated agent with the following information:
Our designated agent for notice of copyright infringement can be reached at: copyright@cuniculum.com.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY. CUNICULUM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CUNICULUM DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUNICULUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF CUNICULUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CUNICULUM'S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUNICULUM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Cuniculum and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) any User Content you submit, post, or transmit through the Service; (iii) your violation of these Terms; (iv) your violation of any rights of another; or (v) your conduct in connection with the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Cuniculum is not responsible for and disclaims all liability for any losses, damages, or other harm caused by any third-party conduct, including but not limited to the actions, omissions, or policies of third-party services, integrations, or websites linked to or accessible through the Service.
Cuniculum shall not be liable for any failure or delay in performance under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, strikes or other labor disputes, internet service provider failures or delays, denial of service attacks, or governmental actions.
Before initiating any legal action, you agree to contact us at info@cuniculum.com and attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service informally.
Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be determined by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in English by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitration will be conducted in the county where you reside or at another mutually agreed location. By agreeing to these Terms, both you and Cuniculum waive the right to a trial by jury and to participate in any class or consolidated actions or any other form of representative proceeding.
If you do not wish to resolve disputes through binding arbitration, you may opt out by sending a written notice—including your full legal name, the email address associated with your account, and a statement of your intent to opt out—to info@cuniculum.com within 30 days of accepting these Terms or the date on which any material changes to this section become effective. If you opt out, you acknowledge that any disputes will be resolved in a court of competent jurisdiction as provided in Section 12.1.
This arbitration provision shall not apply to claims seeking injunctive relief or those arising under intellectual property laws, which may be brought in a court of competent jurisdiction where Cuniculum is located.
YOU AND CUNICULUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cuniculum agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
These Terms are effective upon your acceptance and will remain in effect until terminated by either party in accordance with the provisions of these Terms.
You may terminate these Terms at any time by discontinuing use of the Service and closing your account. If you have a subscription, you may cancel it according to the procedures described in the Service, but no refunds will be provided unless expressly stated in these Terms.
Cuniculum may, in its sole discretion, suspend or terminate your access to the Service immediately and without notice for any reason, including but not limited to if you breach any provision of these Terms, if your conduct poses a risk to Cuniculum or other users, or if your use of the Service is deemed excessive or abusive.
Upon termination of these Terms for any reason:
All rights and obligations under these Terms that by their nature are intended to survive termination (including but not limited to payment obligations, disclaimers, indemnification, and limitations of liability) shall survive termination of these Terms.
These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any disputes not subject to arbitration, you and Cuniculum agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
If any provision of these Terms is determined to be invalid or unenforceable by any court or other competent authority, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of these Terms.
You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without Cuniculum's prior written consent. Cuniculum may assign, transfer, or sublicense these Terms or any rights or obligations hereunder at any time without restriction or notice to you.
All notices, requests, or communications under these Terms shall be in writing and delivered by email or posted on our website. Notices to Cuniculum should be sent to notices@cuniculum.com. Notices to you may be sent to the email address associated with your account. Electronic communications by Cuniculum shall be deemed to satisfy any legal requirement for written notice. You agree to maintain a valid email address associated with your account.
No failure or delay by Cuniculum in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of any such right preclude any other or further exercise of that or any other right.
Nothing in these Terms creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Cuniculum.
The headings in these Terms are for convenience only and shall not affect their interpretation. References to "including" and other similar terms are to be construed without limitation.
The Service is controlled and offered by Cuniculum from its facilities in the United States. Cuniculum makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you have any questions, concerns, or notices regarding these Terms, please contact us at:
Email: info@cuniculum.com
By using Cuniculum, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these Terms, please discontinue your use of the Service immediately.