Herald Terms — what you pay for and what we deliver

1. Agreement to these terms

These Terms & Conditions (the “Terms”) govern your use of Herald, the product-intelligence service operated at withherald.co and app.withherald.co (together, the “Service”). By creating an account, connecting a data source, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity. In that case, “you” refers to that entity.

These Terms incorporate by reference the Privacy Policy and, for customers who execute one, the Data Processing Addendum available from legal@withherald.co.

2. Definitions

“Account” is the top-level entity under which you hold access to the Service. An Account may be a single individual or, on the Team or Scale plans, an organization with multiple members.
“Product” is a software application you connect to Herald. Each Product you create gets a dedicated Durable Object with isolated storage.
“Customer Data” means all data you submit to Herald or that Herald ingests on your behalf through integrations you authorize — events, revenue records, support conversations, issues, emails, transcripts, reviews, notes, and anything else routed through a Product.
“Output” means the briefings, chat responses, suggestions, watchlist alerts, classifications, and any other content Herald generates from Customer Data.
“Documentation” means the product documentation, setup guides, and SDK references published on withherald.co and app.withherald.co.

3. Accounts, eligibility, and security

You must be at least 18 years old and able to form a binding contract to use the Service. You’re responsible for keeping your account credentials and Herald API keys secret. If you learn of unauthorized access, tell us at security@withherald.co.

Herald issues two kinds of SDK keys. Public keys (hk_pub_*) are intended for client-side use and are restricted to the hostnames you configure. Server keys (hk_srv_*) grant full write access and must be kept server-side only. Leaking a server key is your responsibility until you rotate it; rotation is a one-click operation in Settings.

4. Plans, billing, and taxes

We sell the Service on a recurring subscription basis. Plans, limits, and prices are as described on the pricing page. Herald prices the Service per Account, not per event or per monthly tracked user.

Hobby is free. It includes one Product, one seat, up to 50,000 events per month, the weekly briefing, and 10 chat queries per month. Watchlists are disabled.
Starter is billed monthly or annually in advance. It includes up to three Products, one seat, up to one million events per month, unlimited chat, ten watchlists, the daily briefing option, and Slack alerts.
Team is billed monthly or annually in advance. It includes up to ten Products, five seats, up to five million events per month, shared watchlists, role-based views, and per-Product permissions.
Scale is custom. Pricing, SLAs, retention overrides, and support terms are set in an order form.

Billing is processed by Stripe. Fees are charged in advance for the subscription period you select and are non-refundable except as required by law. You authorize us and Stripe to charge your payment method for all fees incurred. If a charge fails, we may suspend the Service until it succeeds.

Prices are exclusive of taxes. You’re responsible for sales, use, value-added, and similar taxes, except for taxes on our income. If we’re required to collect or pay any such tax, we’ll invoice you for it.

We may change prices or plan structure. For existing paid subscribers, a price change takes effect at the start of your next billing period and we’ll give you at least 30 days’ notice.

5. Upgrades, downgrades, and cancellation

You can upgrade, downgrade, or cancel at any time from Settings. Upgrades take effect immediately and are prorated against the current period. Downgrades and cancellations take effect at the end of the current billing period; you keep access until then, and we don’t prorate refunds. We may automatically downgrade Accounts that repeatedly exceed plan limits after a grace period and written warning.

6. Your data, our license, and what we use it for

You own Customer Data. You grant Herald a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use Customer Data solely to (a) provide, operate, secure, and improve the Service; (b) generate Output for you; (c) enforce these Terms; and (d) comply with law. This license ends when we delete the Customer Data under §11.

We will not sell your Customer Data, share it with advertisers, or use it to train any third-party model. We may use technical telemetry (for example, how long briefing generation took, whether a webhook verified correctly, which chat queries failed) in aggregate to operate and improve the Service.

When you connect a third-party source (Stripe, Intercom, Linear, GitHub, email, and so on), you represent that you have the authority to authorize Herald to read that data and, where applicable, that the end-users whose data you forward have been given notice consistent with the third party’s terms and applicable law.

7. Acceptable use

You agree not to:

Use the Service in violation of any law, or to process data you don’t have the right to process.
Reverse engineer, decompile, or attempt to extract the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law.
Resell, rent, sublicense, or otherwise make the Service available to third parties as a standalone product. Building a product on top of Herald for your own users is fine; reselling Herald as-if-it-were-yours is not.
Probe, scan, or test the vulnerability of the Service except pursuant to our responsible-disclosure policy at security@withherald.co.
Send Herald events, messages, or payloads that contain malware, or that are designed to abuse our ingestion pipelines (for example, by bypassing rate limits through key rotation).
Interfere with or disrupt the integrity or performance of the Service or the data it contains, including through denial-of-service attempts, excessive polling, or circumventing the Dynamic Worker sandbox.
Upload to Herald categories of data for which Herald is not designed: we are not a HIPAA-covered service, not a PCI-DSS cardholder-data environment, and not a system of record for government-regulated information. Don’t send us protected health information, full primary account numbers, or government identifiers. If you think you need to, talk to us first.
Share, expose, or embed Herald Output in a way that identifies your end-users without their consent, or in a way that violates the privacy laws that apply to you.

We may suspend or terminate Accounts that violate this section, with as much notice as the circumstances allow.

8. AI-generated Output

Herald is an agent. It reads your data, reasons over it, and produces briefings, chat answers, watchlist alerts, and other Output. You should treat Output the way you’d treat a thoughtful chief of staff’s draft memo: worth reading, worth acting on, worth checking before you make a material decision.

Output can be wrong. A generated SQL query may misinterpret an ambiguous schema. A sentiment classification may misread sarcasm. A briefing may underweight a signal that matters to you. Herald is engineered to keep these errors rare and to link every claim back to its source rows, but we do not guarantee accuracy, completeness, or suitability for any particular decision.

You’re responsible for reviewing Output before using it — especially before sharing it externally, before acting on it in a material commercial way, or before relying on it for anything that has legal consequences. Outputs are not legal, financial, medical, or regulatory advice.

9. Third-party integrations and services

Herald integrates with third-party services including Stripe, Intercom, Linear, GitHub, Jira, Slack, Notion, Fathom, Fireflies, G2, Apple, and Google. Those services are operated by their owners under their own terms and privacy policies. Your use of each integration is subject to those terms. We’re not responsible for third-party services, and we don’t make representations about them. If an integration changes, breaks, or is withdrawn, we’ll adapt Herald, but we can’t promise continuity of any specific integration.

10. Availability, support, and SLAs

We aim for high availability, but Herald is provided on an as-available basis on the Hobby, Starter, and Team plans. We don’t publish a contractual uptime SLA on those tiers. For Scale customers, uptime, response times, and incident credits are defined in the order form.

We provide support by email to paid tiers at commercially reasonable response times. Hobby tier is community-supported through our documentation and changelog.

11. Suspension, termination, and data after termination

You may terminate by cancelling your subscription in Settings. We may terminate for non-payment after written notice, for material breach of these Terms, or if required by law. We may suspend the Service immediately, without prior notice, if we have a reasonable belief your usage poses a security risk or is causing harm to other customers.

On termination, your access ends and we begin the deletion sequence described in the Privacy Policy §8. You can export your data before termination from Settings; after termination, we may retain encrypted backups for a commercially reasonable period, not to exceed 30 days, solely for disaster recovery and not for access or use.

Sections 2, 6 (your ownership), 8, 11, 12, 13, 14, 15, and 18 survive termination.

12. Confidentiality

Each party may receive information the other treats as confidential. Each party will protect the other’s confidential information with reasonable care and will use it only to perform under these Terms. Customer Data is treated as your confidential information. This obligation lasts for the duration of these Terms and for three years afterward. It doesn’t apply to information that becomes public without breach, is independently developed, or is rightfully received from a third party.

13. Warranty disclaimer

Except as expressly stated in these Terms or in an order form, the Service and the Output are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We don’t warrant that the Service will be uninterrupted, error-free, or that Output will be accurate or complete.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, cover, or exemplary damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility. Each party’s total aggregate liability under these Terms for any claim is limited to the greater of (a) the fees you paid to Herald in the twelve months preceding the event giving rise to the claim, and (b) one hundred U.S. dollars. These limits do not apply to your payment obligations, breaches of §7 (Acceptable use), or a party’s indemnification obligations under §15.

15. Indemnification

You’ll defend, indemnify, and hold harmless Herald and its officers, directors, employees, and contractors from any third-party claim arising out of (a) Customer Data you submitted or authorized; (b) your use of the Service in breach of these Terms or applicable law; or (c) your decisions based on Output. We’ll defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by us and used by you in accordance with these Terms, infringes a valid U.S. copyright, trademark, or trade secret — provided you tell us promptly, give us sole control of the defense, and cooperate reasonably. If the Service is held or, in our reasonable opinion, may be held to infringe, we may (i) modify the Service to be non-infringing, (ii) obtain a license for your continued use, or (iii) terminate the affected portion and refund any prepaid fees covering the period after termination. This section states our entire liability for infringement claims.

16. Publicity

With your written consent, we may identify you as a Herald customer and use your name and logo on our website and in marketing materials. We won’t share any Customer Data or Output without your separate written consent.

17. Changes to the Service or these Terms

We develop Herald continuously. Features will be added, changed, or removed. We’ll give paid customers reasonable notice of material adverse changes and will try to maintain parity with the product you purchased.

We may update these Terms. Material changes are announced at least 30 days in advance via email to the Account owner and a notice on this page. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you don’t accept, your remedy is to stop using the Service and cancel your subscription.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms is the state and federal courts located in New Castle County, Delaware, and each party consents to the personal jurisdiction of those courts. This section doesn’t prevent either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.

If you are a consumer resident in a jurisdiction that mandates a different governing law or forum, that mandatory law applies to the extent required.

19. Miscellaneous

Entire agreement. These Terms, the Privacy Policy, any Data Processing Addendum, and any order form you sign with us are the entire agreement between us on this subject and supersede any prior or contemporaneous agreements.
Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all of your assets. We may assign these Terms in connection with a merger, reorganization, or sale.
Force majeure. Neither party is liable for failure to perform due to events beyond its reasonable control.
Notices. Legal notices to us must be sent to legal@withherald.co. Notices to you may be given by email to your Account’s registered address.
No waiver. Our failure to enforce a provision isn’t a waiver of our right to do so later.
Severability. If a provision is held unenforceable, the rest remain in effect.
No agency. These Terms don’t create any agency, partnership, joint venture, or employment relationship.

20. Contact

Herald
Legal: legal@withherald.co
Support: help@withherald.co
Security: security@withherald.co