Terms of Service

1. Introduction and Acceptance

Herd Security, Inc. ("Herd Security," "we," "us," or "our") provides AI-powered cybersecurity tools that help detect social engineering threats and deliver personalized employee training through integrations with workplace communication platforms.

These Terms constitute a binding agreement between Herd Security and the organization ("Customer") that subscribes to our platform. These Terms apply to Customer's authorized administrators and end users ("Users").

2. Eligibility and Access

• Herd Security Services are intended for use by organizations only. Individual consumers may not directly subscribe.
• You must be at least 13 years of age to use the Services.
• By using the Services, you represent that you are authorized to bind your organization to these Terms.

3. Description of Services

Herd Security provides:

• AI-based detection of potential social engineering risks in organizational communication behavior
• Personalized security awareness training delivered via integrations with Slack, Microsoft Teams, and Discord
• Access to security analytics and training outcomes via an admin dashboard

4. User Accounts and Admin Responsibility

The Customer designates one or more Account Admins who are responsible for:

• Configuring the service
• Managing User access and roles
• Maintaining security of access credentials

Admins and Users must maintain the confidentiality of their login information and promptly report any unauthorized access.

5. Acceptable Use Policy

You may not use the Services to:

• Attempt to gain unauthorized access to systems or data
• Reverse engineer, interfere with, or disrupt service integrity
• Upload, transmit, or store:
  • Protected Health Information (PHI)
  • Payment card information (PCI)
  • Financial or consumer records governed by GLBA
  • Any data classified as sensitive under federal or state law

We reserve the right to suspend access for violations of this policy.

6. Privacy and Data Processing

Use of the Services is governed by our Privacy Policy and, where applicable, our Data Processing Agreement (DPA).

• We collect only necessary personal data (e.g., name, email, metadata) for account provisioning, security detection, and training personalization.
• The Customer is the "controller" of end user data; Herd Security acts as a "processor" under U.S. law.

7. AI Usage

Herd Security uses artificial intelligence to analyze metadata and user behavior in order to identify potential threats and personalize training content.

• Customer data is never used to train any foundational or third-party AI models.
• AI is used strictly for real-time inference within the bounds of each customer's tenant environment.

8. Third-Party Services and Subprocessors

To operate the Services, we use third-party subprocessors under strict contractual and security obligations, including:

• Amazon Web Services (AWS) — hosting and infrastructure
• OpenAI — inference-based AI processing (not training)
• Segment (Twilio) — analytics and performance tracking
• Slack, Microsoft Teams, Discord — for delivering training content via integrations

A full list of subprocessors is available upon request or under our DPA.

9. Intellectual Property

• All content, software, training modules, logos, and technology are the exclusive property of Herd Security or its licensors.
• Herd Security grants Customers a limited, non-exclusive, non-transferable license to access and use the Services during the subscription term.
• Customers may not copy, modify, resell, or sublicense the Services.

10. Fees and Payment Terms

If applicable:

• Subscriptions are billed monthly or annually in advance, based on the selected service tier.
• Late payments may result in service suspension.
• All fees are non-refundable unless otherwise required by law.

Specific pricing and billing terms are governed by the applicable Order Form or Subscription Agreement.

11. Term, Suspension, and Termination

These Terms remain in effect for the duration of your subscription.

We may suspend or terminate access for:

• Material breach of these Terms
• Non-payment
• Misuse or illegal activity

Upon termination:

• Customer data will be deleted within 30 days, unless legally required to retain it.
• Access to the Services and associated dashboards will be revoked.

12. Disclaimer of Warranties & Limitation of Liability

• The Services are provided "as is" and "as available", without warranties of any kind.
• We disclaim all implied warranties, including fitness for a particular purpose and non-infringement.
• To the maximum extent permitted by law, Herd Security's total liability will not exceed the amount paid by Customer in the prior 12 months.

13. Indemnification

Customer agrees to indemnify and hold harmless Herd Security and its affiliates from any claims, damages, liabilities, or expenses arising from:

• Unauthorized use of the Services
• Breach of these Terms
• Violation of law or third-party rights by Customer or its Users

14. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the State of California, excluding its conflict of law principles.
• Any disputes shall be resolved in the state or federal courts located in Los Angeles County, California.

15. Changes to Terms

We may update these Terms from time to time. If changes are material:

• We will notify Account Admins by email or in-product notice.
• Continued use of the Services after such changes constitutes acceptance.

16. Contact Information

Questions, concerns, or legal notices can be sent to:

Email: info@herdsecurity.io