Terms of Service
Effective Date: January 1, 2024
Please read these terms carefully before using GetHERD's intelligent orchestration platform.
1. Acceptance of Terms
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.
2. Definitions
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.
3. User Accounts & Registration
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.
4. Services & Features
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.
5. User Conduct & Responsibilities
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
6. Intellectual Property Rights
The Platform, including all software, design, text, graphics, and other content (excluding User Content), is owned by GetHERD or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.
You retain all ownership rights to your User Content. By submitting User Content, you grant GetHERD a worldwide, royalty-free license to use, process, and display that content solely as necessary to provide and improve our Services.
You may not copy, modify, distribute, sell, or lease any part of our Platform or its underlying technology without our express written permission.
7. Privacy & Data Protection
Your privacy matters to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the practices described in our Privacy Policy.
We implement industry-standard security measures to protect your data. As an intelligent orchestration platform, we process data from your integrated tools strictly to deliver our Services and never sell your personal information to third parties.
8. Payment Terms
Certain features of the Platform require payment of fees. All fees are quoted and payable as described at the time of purchase or in your subscription agreement. Unless otherwise stated, fees are non-refundable.
Subscriptions renew automatically unless cancelled before the renewal date. We reserve the right to change our pricing with reasonable advance notice. Continued use of paid features after a price change constitutes acceptance of the new fees.
9. Disclaimers & Warranties
The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
While our AI Agents are designed to assist with operational execution, you remain responsible for reviewing and validating outputs before relying on them for important decisions. We do not warrant that the Platform will be error-free or that AI-generated outputs will always be accurate.
10. Limitation of Liability
To the maximum extent permitted by law, GetHERD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Platform.
Our total aggregate liability for any claims arising out of or relating to these Terms shall not exceed the amount you paid to us in the twelve months preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless GetHERD and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Platform, your violation of these Terms, or your infringement of any rights of a third party.
12. Termination
You may terminate your account at any time by following the instructions within the Platform. We may suspend or terminate your access if you breach these Terms or if required by law.
Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination — including ownership, disclaimers, limitations of liability, and indemnification — will remain in effect.
13. Governing Law & Disputes
These Terms are governed by the laws of the jurisdiction in which GetHERD Brand, Inc. is incorporated, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through good-faith negotiation, and failing that, through binding arbitration where permitted by law.
14. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will provide reasonable notice through the Platform or by email. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
15. SMS Messaging Terms
By providing your mobile number, you consent to receive SMS messages from GetHERD related to your account, service notifications, and updates. Message and data rates may apply. You may opt out at any time by replying STOP, after which you will receive no further SMS communications except as required to confirm your opt-out.
16. General Provisions
These Terms constitute the entire agreement between you and GetHERD regarding the Platform. If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right does not constitute a waiver of that right. You may not assign these Terms without our consent.
17. Contact Information
If you have any questions about these Terms of Service, we're here to help. Reach out to our team and we'll get back to you promptly.