Terms of Service

These Terms of Service ("Terms") govern using Herd Security and all products produced by Herd Security, Inc. unless otherwise stated in a separate TOS. By using Herd, you agree to these Terms.

Definitions

  • "Service": The Herd platform and its functionalities, including monitoring portion of live phone calls to ensure safety from malicious voice scams.
  • "User": Someone who is actively using the mobile application or service. Or otherwise has shared email address or phone number or company information with the Herd website. 
  • "Partner": Organizations that agree to work with Herd to provide services within their network and share opted-in users with Herd’s global network.

User Requirements and Safety Guidelines

To use Herd, you must be of legal age in your jurisdiction. By using our services, including but not limited to mobile apps, web apps, websites, and anything else owned by Herd Security, Inc., you confirm that you meet this requirement.
Herd is designed to protect users from scams delivered via voice. This includes but is not limited to, wire fraud, elderly fraud, impersonation scams, deepfakes, and more. The service is not intended for marketing, call monitoring, advertisement, sales, or mental or physical health monitoring. If you are experiencing mental health concerns or are in distress, we strongly encourage you to seek professional help from a licensed provider. If any concerning topics, such as self-harm or harm to others, arise during your use of Herd, we advise you to reach out to an appropriate crisis or support hotline. By agreeing to our terms, you agree that Herd is in no way responsible for malicious or harmful activity that may be a result of any call. 

AI Phone Call and Opt-in Consent

Herd's service includes an AI-powered monitoring system, designed to detect the presence of malicious actors and harmful “fraud” intentions via voice calls. During any call, any information you share may be utilized to better our service, except for voice-specific data. By using the Service, you consent to the sharing of this information with Herd and its partners. 

Privacy and Data Protection

Herd only uses user data from partner organizations when individuals have opted in. All collected user data is protected and not shared with other users or organizations until a double opt-in occurs between both parties involved. If a user requests account termination, Herd will delete the user's data and all associated information within 30 days, except for unique identifiers (such as their email address or phone number), which will be kept to ensure they are not contacted again in the future. User data is handled in accordance with Herd's Privacy Policy.

Safety and Cybersecurity

At Herd, we prioritize the safety and well-being of our users. While Herd is designed to detect and mitigate various forms of voice fraud, we cannot guarantee full protection against unauthorized access, data compromise, or spoofing attempts aimed at deceiving users. By using our product or downloading our app, you acknowledge that Herd Security, Inc., along with all affiliated members, is not liable for any cybersecurity incidents, fraud, or potential physical, mental, or financial losses of any kind resulting from its use.

Partner Network

Herd collaborates with partner organizations for various reasons. Users who opt-in through partner networks agree to include their information in both the partner and Herd’s global networks for potential usage and safety. 

Feedback

Herd values user feedback to improve its services. By providing feedback, you grant Herd a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate your feedback into our services without restriction. You also agree to completely release/absolve any ownership of feedback you provide to Herd Security if it is implemented into the product. 

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Herd Security, Inc. and its licensors. You agree not to copy, modify, or distribute any part of the Service without prior written consent.

Payment and Fees

Currently, the use of Herd is free of charge (during our Beta period). If any fees are introduced in the future, users will be notified in advance, and continued use will indicate acceptance of the new fee structure. This includes fees added by any of our approved partners, distributors, managed service providers, or resellers. 

Limitation of Liability

Herd Security, Inc., its officers, employees, investors, partners, founders, and anyone professionally collaborating with the business are not liable for any outcomes resulting from any phone call or use of our past, present, or future services. Users agree that calls analyzed by Herd are done on an "as-is" basis, and Herd does not guarantee safety, perfect detections, or protection from any scams. 
To the maximum extent permitted by law, Herd shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of its services.

"AS IS" and "AS AVAILABLE" Disclaimer

Herd’s services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, either expressed or implied, about the operation of the service, its availability, or its ability to meet your expectations. We do not provide any refunds to our service unless otherwise stated in a distinct contract with a customer. 

Governing Law

These Terms are governed by the laws of the State of Delaware, United States. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of Delaware courts.

Changes to the Terms

Herd may update these Terms from time to time. Any material changes will be communicated to users. Continued use of the service after changes have been made will constitute acceptance of the revised Terms.

Contact Information

If you have any questions about these Terms, please contact us at legal@herdsecurity.io