Terms of Service
The agreement between Sonder and the organisations that use it. Written to be read, not skimmed past.
About these terms
These terms are an agreement between Sonder Technology Ltd, a company registered in Scotland (company number SC899516), registered office 5 South Charlotte Street, Edinburgh EH2 4AN, United Kingdom (“Sonder”, “we”, “us”), and the organisation that uses Sonder (“you”, the “customer”).
They apply to your use of the Sonder service, together with any order form, proposal or other agreement we both sign (an “order”). If an order says something different from these terms, the order wins. By signing an order, or by using Sonder on behalf of an organisation, you confirm you have authority to accept these terms for it.
Sonder is for businesses. It is not offered to consumers.
The service
Sonder is a web application that finds and analyses public social media posts. It includes Campaigns (the public posts about a launch, checked and counted next to your own), Trend Lab (formats and trends spreading across platforms) and Scout (grades for creators from their public uploads), as set out in your order.
We keep improving Sonder and may change how it works. We will not make a change that materially reduces the core service you have paid for during your current term without telling you first. Features we label as early or beta are provided as they are and may change or be withdrawn.
Accounts and users
You get one or more workspaces and can invite your staff and, where your order allows, your clients or partners as users. You are responsible for who you invite, for their use of Sonder, and for keeping sign-in details secure. Tell us straight away at hello@sonderlabs.co.uk if you think an account has been used without permission.
Fees and payment
Fees are as set out in your order. Unless the order says otherwise, we invoice in advance, invoices are due within 30 days, and fees exclude VAT, which is added where it applies. If an invoice is more than 30 days overdue, we may suspend access after giving you 14 days’ written notice.
Acceptable use
You must not use Sonder, or anything you get from it, to:
- break the law, including data protection, privacy, intellectual property and consumer law;
- harass, stalk, intimidate or expose anyone, including the creators and commenters whose public posts appear in Sonder;
- try to identify individuals from aggregate figures, such as audience estimates;
- make decisions about individuals’ access to employment, credit, housing, insurance or similar, or infer their health, religion, sexual orientation, ethnicity or political views;
- send unsolicited bulk messages to people found through Sonder;
- copy, resell or give third parties access to Sonder or its data beyond what your order allows;
- reverse engineer Sonder, scrape it, overload it, or test its security without our written permission;
- get round any limit or security measure we put in place.
When you contact a creator you found through Sonder, or reuse their content, you are responsible for following the platform’s rules and getting any permissions you need. We may suspend a user or workspace that breaks this section, and will tell you why.
Data from public sources
Sonder’s data comes from public social media posts and profiles. Platforms change what they show and how, posts are deleted and counts move, so we cannot promise that Sonder finds every post or that every figure is exact. Some of Sonder’s judgements (whether a post is about a launch, which format it follows, audience estimates, creator grades) are made with AI models and can be wrong. Check anything important before you rely on it.
The posts themselves belong to the people who made them. Showing them to you in Sonder does not give you any rights in them; if you want to reuse a creator’s content, get their permission.
Your data
“Your data” means what you or your users put into Sonder: campaign details, links, search terms, lists, notes and files. You own it. You give us permission to use it to provide, secure and support Sonder for you, and for nothing else. We may use aggregated information about how Sonder is used, which does not identify you or any person, to improve the service.
Where we process personal data on your behalf, we do so as your processor, only on your instructions and under data processing terms that meet Article 28 of the UK GDPR. We will sign a data processing agreement on request. Our own use of public social media data is described in our Privacy Policy.
You can export your workspace’s results while your subscription runs, and for 30 days after it ends. After that we delete your data within 90 days, except what we must keep by law.
Confidentiality
Each of us will keep the other’s confidential information (including your data, your plans and launches, our pricing and how Sonder works) confidential, use it only for this agreement, and share it only with staff and advisers 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, that the receiver already had or develops independently, or that the law requires to be disclosed. This section continues for five years after the agreement ends.
Intellectual property
We own Sonder: its software, design, models, methods and the way results are presented. Nothing in these terms transfers those rights to you. While your subscription runs, you may use Sonder and the reports, exports and figures it produces for your own business, including sharing them with your clients, artists and partners. If you send us feedback or ideas, we may use them freely.
Availability and support
We work to keep Sonder available and fast, but it depends on third parties, including the social media platforms, and we do not promise uninterrupted service unless your order includes a service level. We try to schedule maintenance at quiet times and give notice of planned downtime where we can. Support is by email at hello@sonderlabs.co.uk, during UK business hours.
Warranties
We will provide Sonder with reasonable skill and care. Apart from that, and to the extent the law allows, Sonder is provided without other warranties, conditions or representations, including that it will meet your particular needs or be error-free.
Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow to be limited.
Subject to that:
- neither of us is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss;
- each party’s total liability arising out of or in connection with this agreement in any 12-month period is limited to the fees you paid or were due to pay for Sonder in the 12 months before the event that gave rise to the claim;
- this limit does not apply to your obligation to pay fees.
Term and ending the agreement
The agreement runs for the term in your order and renews as the order says. Either of us may end it by written notice if the other seriously breaches it and does not put the breach right within 30 days of being asked, or becomes insolvent. When it ends, your access stops and section 7 (export and deletion) applies. Sections that by their nature should continue, including confidentiality, liability and governing law, continue.
Using our website
You may browse sonderlabs.co.uk freely. Its content is ours or used with permission; please don’t copy it for commercial use without asking. Results quoted on the site are real figures from live campaigns, anonymised; the product pictures show the real interface, with invented or public data. We may change or withdraw the site at any time.
General
- Changes. We may update these terms. We will email you at least 30 days before a material change takes effect; changes do not apply to a term you have already paid for unless you agree.
- Events outside our control. Neither of us is liable for delay or failure caused by events beyond reasonable control.
- Transfer. Neither of us may transfer this agreement without the other’s consent, except to a successor to all or most of its business.
- Whole agreement. These terms and your order are the whole agreement between us about Sonder and replace earlier discussions.
- Third parties. Nobody else has rights under this agreement, including under the Contract (Third Party Rights) (Scotland) Act 2017.
- Severability and waiver. If a part of these terms is found unenforceable, the rest stands. Not enforcing a right straight away does not waive it.
- Notices. Notices to us go to hello@sonderlabs.co.uk or our registered office; notices to you go to the contact in your order.
Governing law
These terms and any dispute arising from them, including non-contractual disputes, are governed by the law of Scotland, and the Scottish courts have exclusive jurisdiction.
Contact
Sonder Technology Ltd, 5 South Charlotte Street, Edinburgh EH2 4AN, United Kingdom. Email hello@sonderlabs.co.uk; for data protection, privacy@sonderlabs.co.uk.