Terms of Service
Effective Date: 21 April 2026
Last Updated: 21 April 2026
Provider: Kulimina Digital
Contact: info@kulimina.com
Address: London, United Kingdom
1. About These Terms
These Terms of Service ('Terms') govern your use of Kulimina Digital's consultancy services and the Kulimina Insights platform (insights.kulimina.com), operated by Kulimina Digital ('Kulimina', 'we', 'us', 'our').
By engaging our consultancy services or accessing the Kulimina Insights platform, you ('Client', 'you') agree to be bound by these Terms. If you are accessing on behalf of a company or organisation, you represent that you have authority to bind that entity.
These Terms should be read alongside our Privacy Policy, which is incorporated by reference.
2. Our Services
2.1 Consultancy Services
Kulimina Digital provides boutique digital marketing consultancy to clients in the music, entertainment, and venture-backed startup sectors. Services may include, but are not limited to:
– Digital advertising strategy and management (including Meta, Google, and other paid media platforms)
– Social media strategy and account management
– Content creation and creative direction
– CRM, email marketing strategy and execution
– D2C and eCommerce strategy
– Web design and development
The specific scope of consultancy services will be set out in a separate Statement of Work, proposal, or engagement letter agreed between the parties. In the event of any conflict between those documents and these Terms, the specific engagement document shall take precedence.
2.2 Kulimina Insights Platform
Kulimina Insights is a multi-client social media analytics dashboard platform. The platform ingests data from connected social media accounts (including Instagram, Facebook, YouTube, TikTok, and X) and presents it in tokenised, client-facing dashboards. Access may be provided via tokenised link, email/password login, or single sign-on, depending on the access method configured for your account.
3. Access and Accounts
3.1 Platform Access
Access to Kulimina Insights is granted on a per-client basis. Where login credentials are issued, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. You must notify us immediately at info@kulimina.com if you suspect unauthorised access.
3.2 Tokenised Links
Where access is provided via a tokenised link, you must not share that link with individuals outside your authorised organisation without our prior written consent. Kulimina reserves the right to revoke access tokens at any time where misuse is suspected.
3.3 Social Media Platform Authorisation
To provide analytics services, you may be required to grant Kulimina Digital or the Insights platform access to your social media accounts via official platform APIs. By doing so, you confirm that you have the authority to grant such access and that doing so does not violate the terms of service of the relevant social media platforms.
4. Client Responsibilities
You agree to:
– Provide accurate, complete, and up-to-date information required to deliver the agreed services.
– Ensure that any data, content, or materials you provide to us do not infringe any third-party intellectual property rights, are not defamatory, and comply with all applicable laws.
– Maintain your own compliance with the terms of service of any social media platforms connected to our services.
– Appoint an authorised point of contact for the purposes of the engagement.
– Respond to reasonable requests for information, approvals, or feedback within agreed timescales.
Delays caused by your failure to fulfil these responsibilities may affect delivery timelines. Kulimina will not be liable for delays attributable to client actions or inactions.
5. Fees and Payment
5.1 Consultancy Fees
Consultancy fees are agreed in advance and set out in the relevant Statement of Work or engagement letter. Unless otherwise agreed, invoices are issued monthly and are payable within 30 days of the invoice date. Late payment may incur interest at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5.2 Kulimina Insights
Access to the Kulimina Insights platform is currently provided to consultancy clients as part of their engagement. Where a standalone subscription model is introduced, pricing and payment terms will be communicated separately and will form part of these Terms at the time of subscription.
5.3 Expenses
Where agreed in writing, reasonable third-party costs incurred on your behalf (including ad spend, platform fees, stock imagery, or tools) will be invoiced separately with supporting documentation.
6. Intellectual Property
6.1 Our Materials
All intellectual property rights in Kulimina Digital's proprietary methodologies, tools, templates, processes, and the Kulimina Insights platform (including its code, design, and data architecture) remain vested in Kulimina Digital. Nothing in these Terms transfers ownership of these rights to you.
6.2 Client Materials
All intellectual property rights in materials, content, brand assets, and data provided by you remain your property. You grant Kulimina Digital a limited, non-exclusive licence to use such materials solely for the purpose of delivering the agreed services.
6.3 Deliverables
Where our services result in custom deliverables created specifically for you (such as ad creatives, copy, reports, or website builds), ownership of those deliverables will transfer to you upon receipt of full payment, unless otherwise agreed in writing. General tools, templates, or platform components used in their creation remain the property of Kulimina Digital.
6.4 Portfolio and Case Studies
Unless you request otherwise in writing, Kulimina Digital may reference your brand name and the nature of our engagement in client lists, credentials, and case studies. We will not disclose confidential performance data without your prior written approval.
7. Confidentiality
Each party agrees to hold the other's confidential information in strict confidence, to use it only for the purposes of the engagement, and not to disclose it to any third party without the other's prior written consent. This obligation does not apply to information that:
– is or becomes publicly available through no fault of the receiving party;
– was already known to the receiving party prior to disclosure;
– is independently developed by the receiving party without use of the confidential information; or
– is required to be disclosed by law or regulatory authority, provided that the disclosing party gives reasonable prior written notice where permitted.
Confidentiality obligations survive termination of these Terms for a period of five years.
8. Data Protection
Both parties agree to comply with all applicable data protection laws, including the UK GDPR and Data Protection Act 2018.
Where Kulimina Digital processes personal data on your behalf as a data processor (for example, managing email lists or CRM data), we will do so only in accordance with your documented instructions, and the terms of a separate Data Processing Agreement (DPA) which shall be entered into where required by law.
Our full data practices are set out in the Kulimina Digital Privacy Policy at kulimina.com/privacy.
9. Limitation of Liability
To the fullest extent permitted by applicable law:
– Kulimina Digital's total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to Kulimina Digital in the three months preceding the event giving rise to the claim.
– Kulimina Digital shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Social media platforms and their APIs are operated by third parties. Kulimina Digital is not responsible for changes to platform APIs, data availability, platform downtime, or changes to platform terms of service that affect the delivery of our services or the Insights platform.
10. Warranties and Disclaimers
Kulimina Digital warrants that:
– it will perform services with reasonable skill and care;
– it has the right to enter into these Terms and grant the licences set out herein; and
– the Kulimina Insights platform will operate materially in accordance with its specification under normal use.
We do not warrant specific outcomes from marketing or advertising campaigns. Campaign performance depends on numerous factors outside our control, including platform algorithm changes, market conditions, and audience behaviour.
The Insights platform is provided 'as available'. We will use commercially reasonable efforts to maintain platform uptime but do not guarantee uninterrupted availability.
11. Term and Termination
11.1 Consultancy Engagements
Engagements continue for the period set out in the relevant Statement of Work or engagement letter. Either party may terminate an ongoing engagement with 30 days' written notice, unless a different notice period is specified. Termination does not affect any accrued rights or obligations, including payment for work completed.
11.2 Kulimina Insights Access
Platform access will be deactivated at the conclusion of your consultancy engagement or, where a standalone subscription is introduced, upon termination of that subscription. We reserve the right to suspend or terminate platform access immediately where these Terms are materially breached.
11.3 Effect of Termination
Upon termination: all outstanding invoices become immediately due and payable; each party will promptly return or destroy the other's confidential information on request; and platform access will be revoked. Provisions that by their nature should survive termination — including confidentiality, intellectual property, limitation of liability, and governing law — will continue to apply.
12. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising from them shall be governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
Before commencing legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation. If not resolved within 30 days, either party may pursue their legal remedies.
13. General
– Entire Agreement: These Terms, together with any applicable Statement of Work and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior understandings relating to their subject matter.
– Amendments: We reserve the right to update these Terms from time to time. Updated Terms will be posted at kulimina.com with a revised effective date. Continued use of our services or the Insights platform following such updates constitutes acceptance of the revised Terms. For material changes, we will provide reasonable prior notice.
– Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in future.
– Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in full force.
– Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to an affiliate or successor entity.
– Notices: Legal notices should be sent to info@kulimina.com or to our address in London, UK.
14. Contact
For any questions relating to these Terms, please contact:
– Email: info@kulimina.com
– Address: Kulimina Digital, London, United Kingdom