Terms of Service

1. Acceptance of Terms

By accessing or using CommuniKate Social ("Service"), a product of Vivida Cognitive LLC, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Vivida Cognitive LLC, a Minnesota limited liability company ("Vivida Cognitive," "we," "our," or "us") governing your use of our multi-platform social media auto-posting application. CommuniKate Social is a product of Vivida Cognitive LLC.

2. Description of Service

CommuniKate Social is an automated social media management platform that enables users to:

• Connect social media accounts (Facebook, Instagram, X/Twitter, LinkedIn) via official APIs
• Generate content using privately-hosted AI technology on dedicated cloud infrastructure
• Schedule and automatically publish content across connected platforms
• Manage posting campaigns and content workflows

3. Platform Compliance

Our Service operates in strict compliance with the following platform developer agreements:

• Meta Platform Terms: Including Facebook and Instagram Platform Policy
• X Developer Agreement: Including the X API Terms of Service
• LinkedIn API Terms of Use: Including the LinkedIn Marketing API Guidelines

By using our Service, you also agree to comply with the terms of service of each social media platform you connect. Violation of platform terms may result in suspension of your access to our Service and/or the connected platforms.

4. User Accounts

4.1 Account Creation

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4.3 Age Requirement

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

5. Content Responsibility & Human-in-the-Loop

5.1 AI-Generated Content

Our Service uses privately-hosted AI models on RunPod cloud infrastructure to generate content suggestions. You acknowledge that:

• AI-generated content is provided as a suggestion and starting point
• You are responsible for reviewing content before publication (even with Auto-Approve enabled)
• AI output may occasionally contain errors, inaccuracies, or inappropriate content
• You must ensure all published content complies with applicable laws and platform policies

5.2 Auto-Approve Feature

If you enable the Auto-Approve feature:

• Content will be automatically published without manual review
• You accept all risks associated with automated publishing
• You remain solely liable for any consequences of published content
• We strongly recommend regularly reviewing your post history

5.3 Prohibited Content

You agree NOT to use the Service to create, publish, or distribute content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Infringes on intellectual property rights of others
• Contains malware, spam, or deceptive material
• Violates the terms of connected social media platforms
• Impersonates any person or entity
• Contains personal or confidential information of third parties without consent

6. Subscription & Payment

6.1 Free Trial

We offer a free trial period for new users. After the trial period, continued access requires an active paid subscription.

6.2 Billing

Subscriptions are billed on a recurring basis (monthly or annually as selected). Payment is processed through Stripe. You authorize us to charge your payment method on file for all applicable fees.

6.3 Cancellation

You may cancel your subscription at any time through the Stripe customer portal. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

7. Intellectual Property

7.1 Our Property

The Service, including its original content, features, and functionality, is owned by Vivida Cognitive LLC and is protected by copyright and other intellectual property laws.

7.2 Your Content

You retain ownership of all content you create or upload to the Service. By using the Service, you grant us a limited license to process your content solely for the purpose of providing the Service.

7.3 AI-Generated Content

Content generated by our AI tools based on your inputs is considered your content. You receive full rights to use, modify, and publish such content.

8. GPU Availability & Service Limitations

8.1 Infrastructure Dependencies

Our AI content generation capabilities rely on GPU computing resources provided by third-party cloud infrastructure providers (RunPod). You acknowledge and agree that:

• GPU Availability: Content generation features are subject to GPU availability in our designated data center regions. During periods of high demand or limited capacity, content generation may be delayed or temporarily unavailable.
• No Guarantee of Availability: We do not guarantee continuous, uninterrupted access to AI content generation features. GPU capacity is shared infrastructure and may be subject to availability constraints beyond our control.
• Regional Constraints: Our Service operates in specific geographic regions for GPU resources. Service quality and availability may vary based on regional infrastructure capacity.
• Queue and Retry: During capacity constraints, content generation requests may be queued or require retry. Content will become available for review and posting as soon as GPU resources are allocated to process the request.

8.2 Service Level Expectations

While we strive to maintain high availability of our content generation features, you understand that this is a best-effort service and temporary unavailability due to GPU capacity constraints does not constitute a breach of these Terms or entitle you to refunds.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
• WE DO NOT WARRANT THAT GPU RESOURCES FOR CONTENT GENERATION WILL BE AVAILABLE AT ANY SPECIFIC TIME OR FOR ANY SPECIFIC DURATION.
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
• WE ARE NOT LIABLE FOR ANY ACTIONS TAKEN BY SOCIAL MEDIA PLATFORMS AGAINST YOUR ACCOUNTS, INCLUDING SUSPENSION OR TERMINATION.
• WE ARE NOT LIABLE FOR DELAYS OR FAILURES IN CONTENT GENERATION DUE TO GPU AVAILABILITY OR THIRD-PARTY INFRASTRUCTURE ISSUES.
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vivida Cognitive LLC (doing business as CommuniKate Social) and its members, managers, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Content you publish through the Service
• Your violation of these Terms
• Your violation of any third-party rights or platform terms

11. Termination

We may terminate or suspend your account immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Violation of platform terms of connected social media accounts
• Fraudulent or illegal activity
• Non-payment of subscription fees

Upon termination, your right to use the Service ceases immediately. To request deletion of your data, please contact us at support@communikatesocial.com in accordance with our Privacy Policy.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Third-Party Trademarks

All social media platform names, logos, and trademarks (including but not limited to Meta, Facebook, Instagram, X, Twitter, LinkedIn, and their respective logos) are the property of their respective owners.

Our use of these names and logos is solely for the purpose of indicating compatibility and integration with these platforms. Such use does not imply, suggest, or constitute any endorsement, sponsorship, partnership, or affiliation with these companies or their products and services.

CommuniKate Social is a product of Vivida Cognitive LLC, an independent service provider, and is not affiliated with, endorsed by, or sponsored by Meta Platforms Inc., X Corp., LinkedIn Corporation, or any of their subsidiaries or affiliates.

16. Contact Information

For questions about these Terms of Service, please contact us at:

CommuniKate Social is a product of Vivida Cognitive LLC. All contractual obligations, liabilities, and legal relationships established through these Terms of Service are with Vivida Cognitive LLC, a Minnesota limited liability company.