Terms of Service

1. Acceptance of Terms

By accessing or using Herald ("the Service"), developed by Jubin Soni ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms apply to all users of Herald, including newsletter creators, team members, and readers of published newsletters. By creating an account or accessing any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to update these Terms at any time. We will notify you of material changes via email or prominent notice in the Service. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Description of Service

Herald is an AI-powered newsletter creation and management platform designed for communities, HOAs, organizations, and individuals. The Service includes:

2.1 Core Features

• Newsletter Creation: Rich text editor with multiple section types (updates, events, polls, games, contacts, discounts)
• AI Features: Content enhancement, PDF-to-newsletter conversion, summarization, and text generation powered by Google Gemini
• Publishing: Public newsletter pages with custom branding, themes, and accessibility features
• Email Distribution: Send newsletters to your recipients via email campaigns
• Analytics: View counts, shares, downloads, and engagement tracking

2.2 Interactive Features

• Polls: Create and embed interactive polls in newsletters
• Games: Word scrambles, Sudoku, HOA fee calculator, and custom quizzes
• Events: Event listings with RSVP functionality and external event sourcing
• Contact Directory: Searchable contact lists for community resources

2.3 Service Availability

The Service is provided "as is" and "as available." We strive for high availability but do not guarantee uninterrupted access. Scheduled maintenance and unexpected issues may temporarily affect availability.

3. Account Registration and Security

3.1 Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Be at least 16 years old to create an account
• Have authority to bind your organization if registering on their behalf

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring team members with account access comply with these Terms

3.3 Account Termination

You may delete your account at any time from Dashboard > Profile. Upon deletion, your personal data will be removed within 30 days. Some data may be retained for legal or legitimate business purposes as described in our Privacy Policy.

4. Subscription Plans and Payment

4.1 Free and Paid Plans

Herald offers free and paid subscription tiers with different feature limits. Details are available on our Pricing page.

4.2 Billing

• Paid subscriptions are billed monthly or annually in advance
• All fees are in US dollars unless otherwise stated
• Prices may change with 30 days notice for existing subscribers
• You authorize us to charge your payment method for subscription fees

4.3 Refunds and Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial billing periods unless required by law
• 14-day money-back guarantee for new paid subscriptions

5. Acceptable Use Policy

You agree NOT to use the Service to:

5.1 Prohibited Content

• Create, upload, or distribute illegal, harmful, threatening, abusive, or harassing content
• Share content that is defamatory, obscene, pornographic, or violates privacy rights
• Infringe on intellectual property rights, trademarks, or copyrights
• Distribute malware, viruses, or other harmful code
• Publish false or misleading information

5.2 Prohibited Activities

• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or attempt to extract source code
• Circumvent any access controls or usage limits
• Resell or redistribute the Service without authorization

5.3 Fair Housing Compliance

If you use Herald for housing-related communications (HOA newsletters, property management), you must comply with the Fair Housing Act and avoid discriminatory language based on:

• Race, color, or national origin
• Religion
• Sex, gender identity, or sexual orientation
• Familial status
• Disability

6. Email Communications and Compliance

6.1 Your Responsibilities

When using our email distribution features, you agree to:

• Only send emails to recipients who have given valid consent
• Maintain accurate and up-to-date recipient lists
• Include accurate sender identification and contact information
• Honor unsubscribe requests within 10 business days
• Not send spam, unsolicited commercial emails, or phishing attempts

6.2 Legal Compliance

You are solely responsible for ensuring your email practices comply with:

• CAN-SPAM Act: US commercial email requirements
• GDPR: EU data protection and consent requirements
• CASL: Canadian anti-spam legislation
• Other applicable laws: Based on your and your recipients' locations

6.3 Enforcement

We monitor for abuse and may suspend or terminate accounts that violate email policies. High bounce rates, spam complaints, or blacklisting may result in immediate suspension of email privileges.

7. Intellectual Property Rights

7.1 Your Content

You retain all ownership rights to content you create using the Service. By using the Service, you grant us a limited, non-exclusive license to:

• Store, display, and transmit your content to provide the Service
• Create backups and copies for operational purposes
• Modify content format for compatibility and optimization
• Share content publicly when you publish newsletters

7.2 Our Intellectual Property

The Service, including its design, features, code, logos, and documentation, is owned by us and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks without written permission
• Remove any copyright or proprietary notices

7.3 AI-Generated Content

Content generated by our AI features belongs to you. However, you are responsible for reviewing and ensuring the accuracy of AI-generated content before publishing.

8. Third-Party Services

The Service integrates with third-party services. Your use of these services is subject to their respective terms:

• Supabase: Database and authentication services
• Vercel: Application hosting
• Cloudflare R2: File storage
• Resend, AWS SES/SNS: Email delivery
• Google Gemini: AI content generation
• Google Translate: Page translation

We are not responsible for the availability, accuracy, or practices of third-party services.

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to our data practices as described in the Privacy Policy, including the transfer of data to third-party service providers and international data transfers.

10. Disclaimer of Warranties

We do not warrant that:

• The Service will meet your specific requirements
• AI-generated content will be accurate, complete, or appropriate
• Email deliverability will be guaranteed
• The Service will be secure from all threats
• Any errors will be corrected

You use the Service at your own risk and are solely responsible for verifying the accuracy and appropriateness of all content before publishing.

11. Limitation of Liability

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, or
• One hundred US dollars ($100)

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Herald and any affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or distribute through the Service
• Your email practices and recipient communications
• Any claims by your recipients or newsletter readers

13. Termination

13.1 Termination by You

You may terminate your account at any time by deleting it from Dashboard > Profile.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including for:

• Violation of these Terms or our policies
• Conduct that may harm us or other users
• Non-payment of subscription fees
• Extended periods of inactivity
• Legal or regulatory requirements

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and content
• Published newsletters may be unpublished
• Provisions that should survive termination will remain in effect

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of these courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Herald.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

16. Contact Information

If you have questions about these Terms of Service, please contact us: