Terms of Service

1. Who these terms are between

“We”, “us” and “Herd LLC” mean Herd LLC, a Delaware limited liability company, of TODO — registered business address, United States.

“You” means the person or organisation using Herd CMS. “Service” means the Herd CMS application and anything we provide with it. “Content” means posts, captions, schedules, images, video and anything else you or your users put into the Service. “Organisation” means a workspace in the Service representing a brand or client.

Herd CMS is a business tool sold to businesses. It is not offered to consumers, and nothing here is intended to limit rights that a consumer has under mandatory law where such law nevertheless applies.

2. Accounts

• You must be at least 18, or the age of majority where you live, and able to enter a binding contract.
• Give accurate registration details and keep them current. Do not share your credentials.
• You are responsible for everything that happens under your account, and for the acts and omissions of every user you invite into your Organisation.
• Tell us promptly at info@getherd.io if you believe an account has been compromised.

3. Organisations and roles

Access is scoped per Organisation. Whoever administers an Organisation controls who joins it, what role they hold, and what they can see and publish. An administrator can add, change and remove members, and can access the Content in that Organisation. If you join an Organisation created by someone else, that Organisation controls the Content and we take instructions from it, not from you individually.

4. Acceptable use

You will not, and will not permit anyone else to:

• Use the Service to publish anything unlawful, defamatory, deceptive, infringing, harassing, hateful, or that violates anyone’s privacy or publicity rights.
• Send spam, run bulk unsolicited outreach, or use the Service for any campaign that breaches applicable marketing or e-communications law.
• Impersonate any person or organisation, or publish content in a way that misrepresents who is behind it.
• Breach the LinkedIn User Agreement, LinkedIn’s Professional Community Policies, or LinkedIn’s API terms — see section 6.
• Upload malware, attempt to gain unauthorised access, probe or scan our systems, circumvent access controls, or interfere with the Service’s operation or another customer’s use of it.
• Reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent that restriction is unenforceable under applicable law.
• Resell, sublicense or make the Service available to any third party outside your Organisation, or use it to build a competing product.
• Scrape or systematically extract data from the Service other than your own Content, or use automated means to access it beyond any API we provide.

If we reasonably believe your use breaches this section, creates a legal risk, or threatens the security or availability of the Service, we may suspend the affected account or Organisation. We will tell you why, and restore access once the issue is resolved. Where the risk is not urgent we will ask you to fix it first.

5. Your content

You own your Content. We claim no ownership of it. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for technical purposes such as formatting and resizing, transmit and publish your Content — solely to operate the Service and to carry out what you instruct, including publishing to LinkedIn. The licence lasts as long as we hold the Content and ends when it is deleted.

You are responsible for your Content. You confirm that:

• You hold all rights needed to publish it, including rights in any image, video, music, logo, trademark or person appearing in it.
• Where it features an identifiable person, you have whatever consent or release the law requires.
• Publishing it will not breach any law, contract or third-party right.

We do not review Content before it is published. We may remove Content that we reasonably believe breaches these terms or the law.

Keep your own copies. We are not a backup service, and while we take care with your data, you should not rely on the Service as the only place your Content exists.

6. LinkedIn and other third-party platforms

Herd CMS publishes to LinkedIn on your instruction, through LinkedIn’s public API and with permissions you grant. We are not affiliated with, endorsed by, or acting for LinkedIn.

• Your use of LinkedIn is governed by your agreement with LinkedIn. You must comply with it, and with LinkedIn’s policies on automation and content.
• LinkedIn can change, rate-limit, deprecate or withdraw its API, reject a post, restrict a feature, or suspend an account, at any time and without notice to us. If that happens, publishing may fail or stop working, and we are not responsible for it.
• We do not guarantee that any post will be published, published on time, or reach any particular audience. Scheduling is a best-effort instruction to a platform we do not control.
• If LinkedIn requires us to change or stop a feature, we may do so immediately.

7. Fees

If your plan is paid, the fees, billing period and currency are those set out in the order, plan page or written quote you accepted. Unless stated there: fees are invoiced in advance, are exclusive of any sales, use, value-added, withholding or similar taxes (which are yours to pay, other than taxes on our income), and are non-refundable except where the law requires otherwise. Late payment may lead to suspension after we have given you notice and a reasonable chance to pay.

We may change fees for a renewal term by giving you at least 30 days’ notice before the renewal date. If you do not accept the change, you may choose not to renew.

If you are on a free, trial, beta or founding-customer plan, we may change or end that plan on reasonable notice.

8. Availability and changes to the Service

We aim to keep the Service available and working, but we do not commit to any specific uptime unless we have signed a separate service level agreement with you. The Service may be unavailable during maintenance, or because of a third-party outage, and we will keep planned downtime as short and as well-signalled as we reasonably can.

We improve the Service continuously and may add, change or remove features. We will not make a change that materially degrades a core feature you rely on without giving you reasonable notice. Features labelled beta or preview are provided as experiments, may change or disappear, and are excluded from any commitment we make elsewhere.

9. Our intellectual property

The Service, its software, design, documentation and branding are owned by Herd LLC and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during the term, for your own internal business purposes and your clients’ publishing, subject to these terms. All rights not expressly granted are reserved. You may not use our name or marks without our written permission.

If you send us feedback, suggestions or ideas about the Service, we may use them without restriction and without owing you anything. You are not obliged to send feedback.

10. Confidentiality

Each of us may learn non-public information about the other. Each will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and not disclose it except to people who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law — in which case the receiver gives notice where it lawfully can.

11. Data protection

How we handle personal data is set out in the Privacy Policy. Where we process personal data in your Content on your behalf, the Data Processing Addendum applies and forms part of this agreement. The current list of sub-processors is at Sub-processors.

You are the controller of the personal data in your Content. You are responsible for having a lawful basis to process it and to have it published, and for giving the people it relates to whatever notice the law requires.

12. Term, suspension and termination

• This agreement runs from when you first use the Service until it is terminated.
• You may stop using the Service and close your account at any time. If you are on a paid plan, closing does not entitle you to a refund of fees already paid for the current period, unless the law says otherwise.
• We may terminate this agreement, or any free plan, on 30 days’ notice. We may terminate or suspend immediately if you materially breach these terms and do not fix it within 14 days of being asked, if you become insolvent, or if continuing would put us in breach of the law or of a platform’s terms.
• On termination your right to use the Service ends. You have 30 days to export your Content, after which we delete it in line with the retention schedule. Anything already published on LinkedIn stays there until you remove it on LinkedIn.
• Sections that by their nature should survive termination do survive it — in particular sections 9, 10, 13, 14, 15 and 17.

13. Disclaimer

We provide the Service with reasonable skill and care. Beyond that, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, whether express, implied or statutory — including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing.

We specifically do not warrant that:

• the Service will be uninterrupted, timely, secure or error-free;
• any post will be successfully published, or published at a given moment;
• any third-party platform will remain available, or continue to permit the integration; or
• the Service will produce any particular commercial or marketing result.

14. Limitation of liability

Nothing in this agreement limits liability that cannot be limited by law — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct to the extent applicable law prohibits limiting it.

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

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill, business opportunity, anticipated savings, or for loss or corruption of data, however caused, even if advised that such loss was possible.
• Our total aggregate liability arising out of or relating to this agreement and the Service, in contract, tort (including negligence) or otherwise, is limited to the greater of (a) the fees you actually paid us for the Service in the twelve months immediately before the event giving rise to the claim, and (b) USD 100.
• We are not liable for anything caused by a third-party platform’s act, omission, outage, policy decision or account action, by your Content, or by your failure to keep your own copies of your Content.

These limits apply in the aggregate across all claims and reflect an agreed allocation of risk that is reflected in the price of the Service. Any claim must be brought within one year of the event giving rise to it, to the extent the law permits such a limit.

15. Indemnity

You will defend, indemnify and hold Herd LLC harmless from any third-party claim, and from any resulting loss, damage, cost or reasonable legal fee, arising out of: your Content; your use of the Service in breach of these terms or of any law; your breach of the LinkedIn User Agreement or API terms; or your failure to have a lawful basis or the necessary rights and consents for what you publish.

We will tell you promptly about any such claim, give you reasonable control of the defence, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

16. Events outside our control

Neither party is liable for failing to perform because of something beyond its reasonable control — including internet or hosting failure, third-party platform outage or policy change, cyber attack, power failure, act of government, war, natural disaster or labour dispute. Payment obligations are not excused by this section.

17. General

Changes to these terms

We may update these terms. If a change is material we will give account holders at least 30 days’ notice by email or in the product before it takes effect, and continuing to use the Service after that date means you accept it. If you do not accept a material change, you may terminate before it takes effect and, on a paid plan, receive a pro-rata refund of fees paid for the unused remainder of the current period. The version in force is the one published here, dated 27 July 2026.

Assignment

You may not assign or transfer this agreement without our written consent. We may assign it to an affiliate or to a successor in connection with a merger, reorganisation or sale of the business.

Entire agreement, severability, waiver

These terms, together with the Privacy Policy, the Data Processing Addendum and any order you have accepted, are the entire agreement between us on this subject and replace anything said before. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force. Not enforcing a right is not a waiver of it. There are no third-party beneficiaries.

Notices

Notices to us go to info@getherd.io and, where the law requires writing, to Herd LLC, TODO — registered business address, United States. Notices to you go to the email on your account, or appear in the product. It is your responsibility to keep that address current.

Governing law and jurisdiction

This agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and without application of the UN Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction over any dispute lies with the state and federal courts located in Delaware, and both parties consent to personal jurisdiction and venue there — except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information, and except where mandatory law gives a consumer or a data subject the right to sue elsewhere.

Talk to us first. Before filing anything, write to info@getherd.io describing the dispute, and give us 30 days to resolve it. Most things are fixable this way.

Jury trial and class action waiver

To the fullest extent permitted by law, each party waives any right to a trial by jury in any proceeding arising out of this agreement, and each party may bring claims only in its individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. A court may not consolidate more than one party’s claims or preside over any form of representative proceeding. If this paragraph is held unenforceable in a particular case, it is severed and the rest of this section survives.

Language

These terms are written in English. Any translation is for convenience; the English version governs to the extent the law allows.

18. Contact

Herd LLC, a Delaware limited liability company · TODO — registered business address, United States · info@getherd.io