Terms of Service

1. Service Description

ModernCue is a mobile-first social content platform for residential real estate professionals. The Services support content planning, caption generation, publishing workflows, engagement tracking, and optional lead routing to connected CRMs. ModernCue uses official platform APIs (including Meta's Instagram Graph API) and does not provide scraping tools.

2. Eligibility and Account Registration

You must be legally capable of entering into contracts and comply with applicable law. You are responsible for maintaining account security, safeguarding credentials, and all activity occurring under your account.

3. Subscription, Free Trial, Billing, and Cancellation

• Subscription: Paid plans are currently offered at USD $30 per month, unless otherwise stated in writing.
• Price Changes: We may change pricing prospectively with reasonable prior notice.
• Free Trial: New users may receive a seven (7) day free trial. Unless canceled before trial expiration, your paid subscription begins automatically.
• Billing: Subscription fees are billed in advance on a recurring monthly basis through our payment processor.
• Cancellation: You may cancel at any time; cancellation stops future renewals, and fees already paid are generally non-refundable except where required by law.
• Taxes: You are responsible for applicable taxes except taxes on our net income.

4. User Responsibilities and Compliance

• You are solely responsible for all content you create, upload, schedule, or publish using the Services.
• You must ensure all content is accurate, lawful, and compliant with applicable advertising and real estate laws.
• You are responsible for compliance with fair housing, anti-discrimination, licensing, and local/state/federal advertising requirements.
• You must maintain all rights and permissions necessary for your content and connected accounts.

5. Prohibited Conduct

You agree not to:

• Use the Services for unlawful, fraudulent, or misleading activities.
• Post or distribute prohibited content categories, including political campaigning, religion-based targeting, or school district targeting where prohibited by law or policy.
• Promote or facilitate illegal activities.
• Scrape data, attempt unauthorized data extraction, reverse engineer protected components, or abuse APIs.
• Bypass platform permission models, rate limits, or security controls.

6. Third-Party Platforms and API Dependency

The Services depend on third-party platforms and APIs, including Meta/Instagram and CRM providers. Those services may change, suspend, restrict, or discontinue features at any time. ModernCue is not responsible for third-party outages, policy changes, API changes, or resulting feature limitations. Your use of third-party services remains subject to their terms and policies.

7. AI-Generated Content Disclaimer

ModernCue may provide AI-assisted outputs (including captions and suggestions). AI outputs may be incomplete or inaccurate and are provided "as is" for informational assistance. You are solely responsible for reviewing, editing, approving, and verifying all content before publication or use.

8. No Guarantee of Leads or Income

ModernCue does not guarantee lead volume, conversion rates, transactions, commissions, revenue, or business outcomes. Results vary based on market conditions and user activity.

9. Intellectual Property

ModernCue and its licensors retain all rights, title, and interest in the Services, software, and related intellectual property. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your internal business purposes. You retain ownership of your content, and you grant us the rights necessary to operate the Services.

10. DMCA Policy

If you believe content available through the Services infringes your copyright, please submit a DMCA notice to support@moderncue.com. We will process notices in accordance with applicable law.

11. Termination and Suspension

You may stop using the Services at any time. We may suspend or terminate access immediately if we reasonably believe you violated these Terms, created legal risk, engaged in abuse, or compromised security. Provisions that by their nature should survive termination will survive.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERNCUE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA. MODERNCUE'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO MODERNCUE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless ModernCue, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your content, your use of the Services, your violation of these Terms, or your violation of applicable law or third-party rights.

15. Force Majeure

ModernCue is not liable for delays or failures caused by events beyond our reasonable control, including internet or cloud outages, natural disasters, labor disputes, governmental actions, cyber incidents, or failures of third-party platforms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States and the state law applicable to NookHouseStudio LLC, without regard to conflict-of-law rules. Venue for disputes will lie in courts of competent jurisdiction in the United States, unless otherwise required by law.

17. Modifications to Terms

We may modify these Terms from time to time. Updated Terms will be posted with a revised "Last updated" date. Your continued use of the Services after the effective date of updated Terms constitutes acceptance.

18. Contact

Questions about these Terms may be sent to support@moderncue.com.