Terms & Conditions

1Agreement to these terms

These Terms & Conditions (the "Terms") are a binding agreement between you and DriftlineAI, Inc., a Delaware corporation ("Herofy", "we", "us", or "our"), governing your access to and use of the Herofy website at herofy.ai, the Herofy application, and any related services (together, the "Service").

By creating an account, connecting a data source, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.

Our Privacy Policy explains how we handle information and is incorporated into these Terms by reference.

2Eligibility and your account

You must be at least 16 years old and capable of forming a binding contract to use the Service. The Service is intended for business use, not personal or household use.

You are responsible for:

• the accuracy of the information you give us when you register;
• maintaining the security of your credentials and of any Google or other account you use to sign in;
• all activity that occurs under your account; and
• the actions of everyone you invite into your workspace — they can see the accounts, plans, and evidence in it.

Tell us promptly at legal@herofy.ai if you suspect unauthorized use of your account.

3Early access and the design-partner program

During the early-access period:

• we do not offer a service level agreement or an uptime commitment;
• we may modify, suspend, or discontinue any part of the Service, including your access, with reasonable notice where practicable;
• data loss is possible, and you should not rely on the Service as your only record of anything important; and
• we will ask for your feedback, and you are free to give it or not (see section 11).

4What the Service does

Herofy reads data from systems you connect — such as HubSpot, Google, Slack, and Notion — and uses it to draft customer onboarding plans, track progress against them, surface accounts that have stalled, and prepare draft communications for your review.

Our assistant, Sidekick, prepares; you decide. Sidekick has no ability to contact your customers on its own initiative. Where the Service can deliver a message on your behalf, it does so only after a person has reviewed that message and explicitly chosen to send it.

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes, subject to these Terms.

5Your data

"Customer Data" means all data you submit to the Service or that the Service retrieves from systems you connect, including data about your own customers and prospects.

You own your Customer Data. We claim no ownership of it. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data solely to provide, secure, and support the Service for you, and for no other purpose. This license ends when you delete the data or close your account, except for copies retained in routine backups until they expire.

You represent and warrant that:

• you have the right and authority to connect each data source you connect, and to grant us the license above;
• you have provided any notices and obtained any consents required by law from the individuals whose personal information appears in your Customer Data; and
• your Customer Data and our permitted use of it will not violate any law or any third party's rights.

We do not use Customer Data to train generalized artificial intelligence or machine learning models, and our model providers are contractually prohibited from doing so. Additional restrictions apply to data obtained through Google APIs; see the Google user data section of our Privacy Policy, which controls over this section for that data.

6Third-party services

The Service connects to third-party services including Google, HubSpot, Slack, and Notion. Those services are not ours, and your use of them is governed by your agreements with those providers, not by these Terms.

You are responsible for maintaining your own accounts with them and for complying with their terms. If a provider changes, restricts, deprecates, or revokes its API, the corresponding Herofy functionality may stop working, and we are not liable for that interruption. We are not responsible for the availability, accuracy, or content of any third-party service.

Your use of Google APIs through the Service is additionally subject to the applicable Google terms, and our use of Google user data adheres to the Google API Services User Data Policy, including the Limited Use requirements.

7AI-generated output

The Service uses large language models to generate plans, summaries, flags, and draft messages ("Output"). Output is generated by software from imperfect source material and may be inaccurate, incomplete, or misleading.

• Review before you act. Output is a draft for a human to evaluate, not a decision. You are solely responsible for anything you send, commit to, or decide on the basis of Output.
• Check the evidence. The Service links Output back to its source material specifically so you can verify it. Confidence scores are estimates, not guarantees.
• Not professional advice. Output is not legal, financial, tax, or other professional advice.
• Output may not be unique. Similar inputs may produce similar Output for other customers, and we make no representation that Output is original or that you have exclusive rights in it.

As between you and us, and to the extent permitted by law, you own the Output generated from your Customer Data.

8Acceptable use

You agree not to:

• use the Service to send spam, unsolicited bulk messages, or any communication that violates anti-spam or telemarketing law;
• connect a data source you are not authorized to access, or use the Service to surveil individuals without a lawful basis;
• reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service, except where that restriction is prohibited by law;
• probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure, except under a security disclosure process we have agreed to in writing;
• resell, sublicense, or provide the Service to a third party as a service bureau, or use it to build a competing product;
• upload malware, or upload data you know to be unlawful, infringing, or harmful; or
• impose an unreasonable load on our infrastructure, or circumvent any rate limit or usage restriction.

We may suspend access immediately, without notice, where we reasonably believe continued access poses a security, legal, or operational risk. We will restore access promptly once the risk is resolved.

9Fees

The Service is currently provided to design partners at no charge. If we introduce fees, we will give you at least 30 days' notice before they apply to you, and you may decline by closing your account before the new terms take effect. Any paid plan will be governed by the order form or plan terms you accept at that time, which will control over this section to the extent they conflict.

10Confidentiality

Each party may receive non-public information from the other in connection with the Service. Each party will use the other's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel and advisors who need it and are bound by comparable obligations, or where disclosure is legally compelled — in which case, where permitted, the disclosing party will be notified in advance. This does not apply to information that is public through no fault of the receiving party, was already known to it without a duty of confidence, or is independently developed.

11Intellectual property and feedback

The Service, including its software, models, interfaces, design, and the Herofy and Sidekick names and marks, is owned by DriftlineAI, Inc. and protected by intellectual property law. These Terms grant you a right to use the Service, not any ownership in it. Nothing here transfers any of our intellectual property to you.

Feedback. Design partnership means we will ask what is not working. If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation. We are not obligated to keep feedback confidential or to act on it. This applies to feedback about the Service only — never to your Customer Data.

12Term and termination

These Terms apply from your first use of the Service until terminated. You may stop using the Service and close your account at any time. We may terminate or suspend your access if you materially breach these Terms and do not cure the breach within 15 days of notice, or immediately in the case of a breach of section 8 (Acceptable use) or a legal requirement.

On termination, your right to use the Service ends. You may export your Customer Data before closing your account, and may request an export within 30 days afterward. We will delete or de-identify Customer Data as described in our Privacy Policy.

Sections 5 (Your data, as to ownership), 10 (Confidentiality), 11 (Intellectual property and feedback), 13 through 16, and 18 survive termination.

13Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

14Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits do not apply to a party's liability for fraud, willful misconduct, or gross negligence, or to your obligations under section 15. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

15Indemnification

You will defend, indemnify, and hold harmless DriftlineAI, Inc. and its officers, directors, employees, and agents from any third-party claim, and any resulting loss, liability, damage, cost, or reasonable attorneys' fee, arising out of your Customer Data, your use of the Service in breach of these Terms or applicable law, or your failure to obtain the consents and provide the notices described in section 5. We will notify you of any such claim, give you control of the defense, and cooperate reasonably at your expense.

16Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and both parties consent to venue there and waive any objection to it.

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for 30 days. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

17Changes to these terms

We may update these Terms as the Service changes. We will revise the "last updated" date above, and for material changes we will give you notice by email or in the application at least 30 days before they take effect. If you continue to use the Service after that, you accept the updated Terms. If you do not accept them, stop using the Service and close your account.

18General

Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede any prior understanding on the subject.

Severability

If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest of these Terms will remain in effect.

No waiver

Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control.

Relationship

The parties are independent contractors. These Terms create no partnership, agency, or employment relationship, and no third-party beneficiaries.

Notices

We may give notice by email to the address on your account or by posting in the Service. You give notice to us at the address in section 19.

19Contact us

Questions about these Terms:

DriftlineAI, Inc.
Attn: Legal
legal@herofy.ai