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Last Updated: February 18, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO SUBSCRIPTION PURCHASES, WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, GOVERNING LAW, AND THESE TERMS AND CONDITIONS REQUIRE THE RESOLUTION OF CLAIMS ON AN INDIVIDUAL BASIS, RATHER THAN CLASS ACTIONS OR ANY OTHER JOINT ACTION, AND DO NOT PERMIT ANY JURY TRIALS.
Welcome to Herd AI, Inc.'s software-as-a-service platform ("Service") which is owned and operate by Herd Ai, Inc. (“Herd”, “we”, “our” or “us”). The following terms and conditions of use (the “Terms”), govern your access to and use of the Service.
1. Acceptance of TermsThese Terms form a legally binding agreement between you and us. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. The Service is not intended for users under the age of 18. If you are under the age of 18, you may only use the Service with the consent of your parent or legal guardian
.2. Subscription Terms
2.1. The Service is billed on a subscription basis with a Billing Cycle of thirty (30) days ("Billing Cycle"). You will automatically be billed in advance on a recurring basis every thirty (30) days. WHEN YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU ON A AS PREVIOUSLY STATED FOR THE PRICE OF THE SERVICES SPECIFIED THROUGH THE SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOU PURCHASE THE SERVICE, AND (B) YOUR ENROLLMENT IN THE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT. INSTRUCTIONS FOR CANCELING THE SUBCSRIPTION ARE DESCRIBED BELOW. THE COSTS FOR THE SERVICE WILL BE CONSISTENT WITH PRICING AVAILABLE THROUGH THE SERVICE AT THE TIME OF EACH PURCHASE.
2.2. You may cancel your subscription at any time by [support@getherd.ai].
2.3 Subscription fees are non-refundable except as specifically provided in these Terms or as required by applicable United States federal or Georgia state law.2.4. We reserve the right to change subscription fees upon thirty (30) days’ notice. Your continued use of the Service after such changes constitutes acceptance of the new fees.
3. User Account
3.1. You must create an account to use the Service. You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
3.2. You are fully responsible for all activities that occur under your account.
3.3. You agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Service facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Service (or any portion thereof) by you.
4. Acceptable Use
4.1. You agree not to:
a) Modify, reproduce, or resell any part of the Service’s content or data (excluding your personal information), or otherwise commercially exploit any of the Service’s content or data (even if that content or data is provided by a third party);
b) Access, tamper with, or use non-public areas of the Service or Herd’s computer systems;
c) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
d) Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Herd;
e) Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Service, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Service for any commercial purpose;
f) Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Service; g) Attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Herd, you are hiding or switching your IP address to scrape or collect data and content from the Service, or you have received a cease and desist or other correspondence from Herd related to any activity in violation of these Terms that requires you to cease accessing or using the Service;
h) Use the Service or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of the Service, unless you first obtain Herd’s express written consent; i) Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
;j) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
k) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
l) Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
m) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or
n) Use the Service or its content for any purpose prohibited or restricted by law.
5. Intellectual Property and Data Ownership
5.1. The Service and its original content, features, and functionality are owned by Herd AI, Inc. and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws. Further, Herd owns and maintains all right, title, and interest in and to any output, data, or response generated by the Service (“Outputs”).
5.2. By using the Service, you have the option to submit, upload, or transmit data, information, content, or other materials to the Service (“User Content”). All User Content, regardless of method provided, is your sole responsibility. As between Herd and you, once you have submitted, uploaded, transmitted, or otherwise provided User Content to the Service, such User Content shall become the exclusive property of Herd AI, Inc. By using the Service and providing such User Content, you hereby assign and transfer to Herd AI, Inc. all right, title, and interest in and to all User Content. As such, Herd may use, modify, adapt, reproduce, distribute, and exploit any User Data for any purpose, without compensation to you. If you have any User Content that you would like to keep confidential and/or do not want us or others to use, do provide it to the Service.
5.3. You represent and warrant that: you own the User Content provided through the Service or otherwise have the right to make the assignment set forth above; and the provision of your User Content on or through the Service does not violate the privacy rights, intellectual property rights, publicity rights, contract rights or any other rights of any person. Herd shall not be liable for any disclosure of any User Content you provide through the Service.
6. Data Privacy and Security
6.1. Our Privacy Policy, available at [https://getherd.ai/privacy-policy, describes how we collect, use, and share your information in accordance with applicable privacy laws.
6.2. While we endeavor to implement reasonable security measures, we cannot guarantee absolute security of your data. Any use of the Service is as your own risk.
7. Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED LAW, IN NO EVENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, SHALL HERD AI, INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (“HERD PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING AY DAMAGES RESULTING FROM:
a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
c) ANY CONTENT OR OUTPUT OBTAINED FROM THE SERVICE; AND
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT.
7.2. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 6 MONTHS PRECEDING THE INCIDENT]
7.3. YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE HERD PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
7.4. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
8. Disclaimer of Warranties
8.1. THE SERVICE AND ANY OUTPUT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT.
8.2. HERD AI, INC. MAKES NO WARRANTY THAT:
a) THE SERVICE WILL MEET YOUR REQUIREMENTS;
b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
c) THE RESULTS FROM THE SERVICE, INCLUDING ANY OUTPUTS, WILL BE ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE; AND
d) THAT THE SERVICE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. ANY RELIANCE ON THE SERVICE OR ITS OUTPUTS ARE AT YOUR OWN RISK.
8.4. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, HERD EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICE. HERD CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES HERD MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY WEBSITES.
9. Indemnification
9.1. You agree to compensate, defend, and hold harmless Herd, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Service, your use of any material, information, data downloaded or otherwise obtained from the Service including any Output, your provision of User Content, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of Herd or any other person or entity.
10. Service Modifications
10.1. We reserve the right to modify or discontinue, temporarily or permanently, the Service with or without notice.
10.2. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
11. Termination
11.1. We reserve the right to terminate or suspend your access to the Service immediately, at any time, with or without cause or notice, and without any liability to you.
11.2. Upon termination: a) Your right to use the Service will immediately cease;
b) We may delete or retain your User Data at our sole discretion;
c) Any outstanding payment obligations will become immediately due; and
d) Sections regarding intellectual property rights, data ownership, limitation of liability, governing law, and any other provision by its nature is meant to survive termination, shall survive termination.11.3. We shall not be liable to you or any third party for any claims or damages arising from or related to any termination or suspension of the Service.
12. Governing Law, Jurisdiction, and Disputes
12.1. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.
12.2. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Georgia, United States.
12.3. You agree to submit to the personal jurisdiction of the courts located in Georgia for the purpose of litigating any claims arising from these Terms.
12.4 BY AGREEING TO THESE TERMS, YOU AND HERD AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, BY AGREEING TO THESE TERMS YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION SUIT RELATED TO A DISPUTE WITH HERD OR ANY HERD PARTIES.
13. Changes to Terms
13.1. We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service.
13.2. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms.
14. Severability
14.1. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
15. Contact Information
15.1. For any questions about these Terms, please contact us at support@getherd.ai.
16. Compliance with Laws
16.1. You agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to United States export control laws.
17. Use Outside of the United States
17.1. We make no representation that the materials contained in the Service are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not Herd, are responsible for compliance with applicable local laws.
18. Force Majeure
18.1. Herd shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.
19. Electronic Communications
19.1. You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and Herd may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
20. Waiver
20.1. Furthermore, no delay or omission by Herd to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Herd.
