Terms of Service

By accessing or using GetHERD's intelligent orchestration platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are using our Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and GetHERD Brand, Inc. ("GetHERD", "we", "us", or "our"). If you do not agree to these Terms, you must not access or use our Platform.

By creating an account or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other guidelines, rules, or policies that we may publish from time to time.

For the purposes of these Terms, the following definitions apply:

• "Platform" refers to GetHERD's AI-powered productivity and workflow orchestration system, including all related services, features, and functionality.
• "Services" means all services provided through the Platform, including AI orchestration, workflow automation, communication integration, and business intelligence features.
• "User Content" means any data, information, text, files, or other content that you upload, submit, or otherwise make available through the Platform.
• "AI Agent" refers to our artificial intelligence-powered assistants that help orchestrate your workflows and communications.
• "Integration" means the connection between the Platform and third-party applications or services.

These definitions are integral to understanding your rights and obligations under these Terms. Any capitalized terms not defined here have the meanings given to them elsewhere in these Terms.

Account Creation

To access certain features of our Platform, you must create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account. By registering, you represent that you meet these age requirements.

Account Security

You are solely responsible for maintaining the security of your account. You agree to immediately notify us of any unauthorized access or use of your account. We recommend using strong, unique passwords and enabling two-factor authentication when available.

GetHERD will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk to our Platform or other users. We will make reasonable efforts to notify you before taking such action unless doing so would compromise security or violate applicable law.

Service Description

GetHERD provides an AI-powered platform that orchestrates professional workflows by integrating email, meetings, messages, and various productivity tools. Our Services are designed to eliminate app chaos and help professionals focus on high-value work.

We continuously work to improve our Services and may add, modify, or remove features at any time. We will provide reasonable notice for significant changes that materially affect your use of the Platform.

Third-Party Integrations

Our Platform integrates with various third-party services and applications. Your use of these integrations is subject to the terms and policies of those third-party providers. We are not responsible for the availability, functionality, or security of third-party services.

You grant us permission to access and use your data from integrated services as necessary to provide our Services. This access is governed by our Privacy Policy and the permissions you explicitly grant.

Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted availability of our Services. Scheduled maintenance, updates, and unforeseen technical issues may occasionally affect service availability. We will make reasonable efforts to minimize disruptions and provide advance notice when possible.

Acceptable Use

You agree to use our Platform only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, and industry standards.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights of others
• Transmitting malicious code, viruses, or harmful software
• Attempting to gain unauthorized access to our systems or other users' accounts
• Using the Platform to send spam or unsolicited communications
• Engaging in any activity that disrupts or interferes with our Services
• Reverse engineering, decompiling, or attempting to extract source code
• Using automated systems or bots without our express permission
• Misrepresenting your identity or affiliation with any person or entity

Content Standards

All content you submit through our Platform must be accurate, lawful, and respectful. You may not upload or transmit content that is defamatory, obscene, threatening, or violates the privacy rights of others. We reserve the right to remove any content that violates these standards.

GetHERD's Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, algorithms, user interface designs, logos, and trademarks, are owned by GetHERD or our licensors. These Terms do not grant you any right to use our intellectual property except as necessary to use the Services in accordance with these Terms.

The GetHERD name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GetHERD Brand, Inc. You must not use such marks without our prior written permission.

User Content Ownership

You retain all rights to the content you upload or create using our Platform. However, by using our Services, you grant GetHERD a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing and improving our Services.

This license includes the right to use your content to train and improve our AI models, though we will always handle your data in accordance with our Privacy Policy and applicable data protection laws.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about our Platform become the property of GetHERD. We may use this feedback for any purpose without compensation or attribution to you.

Data Collection and Use

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Platform, you consent to the data practices described in our Privacy Policy.

We are committed to protecting your privacy and maintaining the security of your data. We implement industry-standard security measures and comply with applicable data protection regulations, including GDPR and CCPA where applicable.

Data Security

We employ robust security measures to protect your data, including encryption in transit and at rest, regular security audits, and strict access controls. However, no system is completely secure, and we cannot guarantee absolute security of your information.

Data Retention and Deletion

We retain your data only for as long as necessary to provide our Services and comply with legal obligations. You may request deletion of your account and associated data at any time, subject to certain legal and operational requirements.

Subscription and Pricing

GetHERD offers various subscription plans with different features and pricing. Current pricing is available on our website and may be updated from time to time. We will provide advance notice of any pricing changes affecting existing subscribers.

All prices are in U.S. dollars unless otherwise specified. Prices do not include applicable taxes, which will be added to your invoice as required by law.

Billing and Payment

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your plan). You authorize us to charge your payment method on a recurring basis for all applicable fees. You are responsible for maintaining valid payment information.

If payment fails, we may suspend your access to premium features after providing reasonable notice and opportunity to update your payment information.

Refunds and Cancellations

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We offer a 30-day money-back guarantee for new subscribers. After this period, we do not provide refunds for partial billing periods.

Service Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GETHERD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, error-free, or completely secure. You acknowledge that you use the Platform at your own risk.

AI Limitations

While our AI agents are designed to be helpful and accurate, they may occasionally produce incorrect or inappropriate responses. You should review and verify any important information or actions suggested by our AI before implementation. GetHERD is not responsible for decisions made based solely on AI recommendations.

Third-Party Services

We make no warranties regarding third-party services integrated with our Platform. Any issues with third-party services should be addressed directly with those providers.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GETHERD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.

Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO GETHERD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

You agree to indemnify, defend, and hold harmless GetHERD, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of the Platform or Services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit through the Platform

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

Termination by You

You may terminate your account at any time by following the account closure process in your settings or by contacting our support team. Upon termination, your right to use the Platform ceases immediately, though certain provisions of these Terms survive termination.

Termination by GetHERD

We may suspend or terminate your account if we reasonably believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activity. We may also terminate accounts that have been inactive for an extended period after providing notice.

Effect of Termination

Upon termination, you lose access to the Platform and any data associated with your account. We may delete your data after a reasonable period following termination, subject to our data retention policies and legal obligations. Provisions relating to intellectual property, disclaimers, limitations of liability, and dispute resolution survive termination.

Governing Law

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 principles. You agree that any legal action or proceeding shall be brought exclusively in the courts located in Delaware.

Arbitration Agreement

Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any disputes will be resolved individually and you waive any right to bring or participate in any class action or collective proceeding against GetHERD.

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page and notify you through the Platform or via email. For significant changes, we will provide at least 30 days' notice before the new terms take effect.

Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and may close your account.

We encourage you to periodically review these Terms to stay informed about our practices and any changes that may affect you.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and GetHERD regarding the Platform and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to enforce any right or provision shall not constitute a waiver of future enforcement.

Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

If you have any questions, concerns, or feedback about these Terms of Service, please don't hesitate to contact us. We're committed to addressing your inquiries promptly and professionally.

For technical support or general inquiries, please visit our support center at support.getherd.ai or contact us through your account dashboard.