Terms and Conditions

Last updated: December 01, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Herds

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: North Carolina, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Herdware, Inc., 1509 Hawkstone Dr, Waxhaw, NC 28173.

  • Content refers to any text, images, data, or other materials made available through the Service, whether provided by You, other users, or the Company.

  • User Content refers to any images, screenshots, text, or other materials uploaded, submitted, or provided by You to the Service for processing or storage.

  • AI Output refers to any data, text, metadata, interpretations, transformations, structured information, or other material generated, derived, or produced automatically by the Service from User Content, including through artificial intelligence, machine learning models, OCR, data normalization, classification, or any other automated processing method.

  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Plan refers to the no-cost tier of the Service that provides a limited number of free image scans, which may vary between users, and after which continued access to image-scanning features requires creating an Account and/or purchasing a Subscription.

  • Service refers to the Application.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If You purchased a Subscription through an Application Store, any billing, cancellation, and refund requests must be handled through the Application Store and are subject to its policies. The Company does not control and is not responsible for Application Store payment processes or refund decisions.

Free Plan and Scan Limits

The Company offers a free tier of the Service (“Free Plan”) that allows You to perform a limited number of image scans at no cost. By default, users receive five (5) free image scans. However, the number of free image scans provided to a user may vary between three (3) and seven (7) based on factors including product testing, feature evaluations, experiments, promotional activities, or user segmentation. You acknowledge and agree that Your free scan allocation may differ from other users.

Once You have used the free scans allocated to Your account, continued access to the image-scanning features of the Service requires You to create an Account and/or purchase a Subscription, as described in these Terms.

Free scan allocations do not roll over, have no monetary value, and cannot be transferred or exchanged. The Company may modify, suspend, or discontinue the Free Plan or the number of free scans offered at any time, with or without notice.

Subscription Scan Limits

The Company may apply monthly usage limits to certain Subscription plans, including limits on the number of image scans or Processing Operations available per billing period (“Subscription Scan Limits”). At this time, most paid Subscription plans include a soft cap of approximately 250 scans per month. This number is provided for reference only and may vary or change at any time.

If You reach a Subscription Scan Limit, You may request additional scans by contacting the Company. Additional scans may be granted at the Company’s discretion, provided that Your usage does not indicate system abuse, automated scraping, excessive load, or other activity inconsistent with normal use of the Service. The Company may approve, deny, or limit such requests at its sole discretion.

Subscription Scan Limits may be modified, increased, decreased, suspended, or removed at any time, with or without notice. Unused scans do not roll over between billing periods and have no monetary value.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

User Content Rights and License

The Service enables You to upload images, screenshots, text, and other materials (“User Content”) for private processing and storage. User Content uploaded to the Service is not publicly displayed, shared, or made available to other users, unless and until the Company introduces optional sharing features, in which case additional disclosures or permissions may be requested.

By uploading User Content, You grant the Company a limited, non-exclusive, worldwide, revocable license to host, store, access, view, process, and use Your User Content solely for the purpose of providing, operating, improving, and maintaining the Service, as further described in the “User Content and Image Processing” section of these Terms.

Except for the limited license above, You retain all ownership rights in Your User Content.

You represent and warrant that: (i) You own the User Content or have the legal right to upload it and grant the rights described in these Terms; and (ii) the upload, processing, or use of Your User Content through the Service will not violate any laws or third-party rights.

The Company may remove, restrict, or refuse to process User Content that violates these Terms or is otherwise harmful, unlawful, or in breach of the Content Restrictions set forth herein.

The Company does not publicly display, publish, or distribute Your User Content unless You elect to use a future sharing feature that expressly allows such publication.

Future Sharing Features

The Service may in the future offer optional features that allow You to share User Content or AI Output with other users or make such content visible publicly (for example, shared event boards, community event pages, or social discovery features). These features, if introduced, will be optional and will require Your affirmative action to publish or share any User Content. The Company will not publicly display Your User Content unless You choose to use such sharing features.

The rights and licenses granted in these Terms extend to any such future sharing features, but no User Content will be publicly shared unless You elect to do so.

Content Restrictions

The Company is not responsible for User Content uploaded to the Service. You expressly understand and agree that You are solely responsible for the User Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not upload, submit, or transmit any User Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content is appropriate and complies with these Terms, refuse or remove such User Content. The Company further reserves the right to make formatting changes or edits to any User Content, as needed to enforce these Terms or ensure the proper functioning of the Service. The Company can also limit or revoke the use of the Service if You post such objectionable User Content. Because the Company does not review all User Content uploaded or processed through the Service, You agree to use the Service at Your own risk.

At this time, the Service does not display or make available User Content uploaded by other users. However, the Service may in the future introduce optional sharing or social features that allow You to publish or share User Content or AI Output with others. If You choose to use such features, You may be exposed to User Content submitted by other users, which may be inaccurate, offensive, inappropriate, or objectionable. You agree that You use any such future social or sharing features at Your own risk.

Under no circumstances will the Company be liable in any way for any User Content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any User Content.

Content Backups

The Company does not guarantee that any Content (including User Content and AI Output) stored or processed through the Service will be preserved, backed up, or recoverable. The Company does not perform regular backups of Content and makes no representations or warranties regarding the integrity, availability, or recoverability of any data.

You acknowledge and agree that:

  1. Data loss may occur, including loss of User Content, AI Output, or other data submitted to or stored by the Service.
  2. The Company has no obligation to maintain, store, archive, or provide copies of any Content.
  3. The Company is not liable for any loss, corruption, deletion, alteration, or failure to store or retrieve any Content, whether caused by system failure, maintenance, security measures, account deletion, misuse, or any other reason.
  4. You are solely responsible for maintaining independent copies or backups of any Content You wish to preserve.

The Company may provide limited troubleshooting assistance for issues related to lost or corrupted Content, but is under no obligation to restore any Content or guarantee successful recovery.

User Content and Image Processing

The Service enables You to upload, store, or otherwise provide images, screenshots, text, and other materials (“User Content”) for the purpose of enabling automated processing, including image analysis, optical character recognition (“OCR”), text extraction, classification, event detection, metadata generation, and other AI-enhanced features (“Processing Operations”).

By submitting User Content to the Service, You acknowledge and agree that:

License to Process

You grant the Company a limited, non-exclusive, revocable, worldwide license to host, store, access, view, process, analyze, and use Your User Content solely for the purpose of providing, improving, operating, maintaining, and enhancing the Service.

No Additional Rights Transferred

Except for the limited license above, You retain all ownership rights in Your User Content. The Company does not claim ownership of Your images or any other materials You upload.

Automated Processing

User Content may be processed by automated systems, including machine learning models, OCR engines, computer vision tools, and other algorithms. Processing Operations are performed without human review, unless required for troubleshooting, security, abuse prevention, or legal compliance.

Storage and Retention

User Content may be temporarily stored on third-party storage providers selected by the Company. The Company may delete stored User Content at any time, including for purposes of managing storage capacity, account deletion, misuse, inactivity, or Service updates. The Company is under no obligation to retain User Content for any specific duration.

Prohibited Content

You may not upload User Content that violates laws, infringes third-party rights, contains harmful or malicious code, or violates any Content Restrictions in these Terms.

Responsibility for User Content

You are solely responsible for the legality, accuracy, and appropriateness of all User Content You upload. The Company does not guarantee the accuracy of any information extracted from User Content through Processing Operations.

Deletion by User

You may request deletion of stored User Content at any time through account deletion or other tools provided within the Service. Some technical copies or cached data may persist temporarily as part of normal system operation.

Use of Processed Data

Automatically generated data (“AI Output”) derived from User Content may be stored, analyzed, or used to provide the Service. AI Output may be incorrect or incomplete and is subject to the “AI and Automated Processing Disclaimer” in these Terms.

Your use of the Service constitutes Your agreement to allow the Company to perform Processing Operations on Your User Content as described in this section.

AI and Automated Processing Disclaimer

The Service uses automated systems, including artificial intelligence (“AI”), machine learning models, and optical character recognition (“OCR”), to analyze images and extract information such as dates, times, locations, event details, text, and other content (“AI Output”). AI Output may contain errors, omissions, inaccuracies, or misinterpretations, and may not reflect the content of the original image with complete accuracy.

You understand and agree that:

  1. AI Output is generated automatically and may be incorrect, incomplete, outdated, imprecise, or unreliable.

  2. The Company does not guarantee the accuracy, completeness, or usefulness of any AI Output.

  3. The Service does not verify or authenticate any extracted information, including but not limited to event dates, times, locations, or other details.

  4. You are solely responsible for reviewing, confirming, and verifying all AI Output before relying on it for any purpose, including attending events, scheduling, planning, or sharing information with others.

  5. You assume all risks associated with Your reliance on AI Output, including but not limited to missed events, scheduling errors, or any other consequences.

  6. The Company shall not be liable for any damages, losses, or injuries arising from or in connection with any AI Output or Your reliance on such output, to the fullest extent permitted by law.

The automated systems used by the Service are provided “as is” and “as available,” and may evolve, improve, or change over time. The Company does not guarantee that the Service’s AI features will function without errors, interruptions, or unexpected behavior.

Your use of the Service constitutes Your acknowledgment and acceptance of the limitations associated with AI-generated data and automated processing.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that User Content uploaded to the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at admin@herds.events and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any User Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at admin@herds.events. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: