Herely Terms of Service

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an instructor or administrator account.

Student participants are invited by instructors; they do not create Herely accounts.

You are responsible for all activity that occurs under your login credentials. Keep them secure and notify us immediately if you suspect unauthorised use.

Access to Herely's services is provided as described on our pricing page: herely.io/pricing.

• Starter credits: Academic and organizational users may receive free course credits at signup. These offers may vary and are subject to change.
• Paid access: Additional courses or features may require a one-time purchase or subscription, with prices published on our site.
• Billing & refunds: Payments are processed by Stripe and subject to their terms. Subscription fees are non-refundable unless required by law. Unused credits may be refundable within 7 days of purchase.

By using Herely, you agree to the pricing and terms in effect at the time of purchase. We may update our pricing or plans from time to time, with reasonable notice where required.

We grant you a limited, non‑exclusive, non‑transferable right to use the Service for classroom, training, or organizational attendance tracking in accordance with these Terms.

Herely, its logos, and all related marks are our trademarks. We retain all rights not expressly granted.

Feedback. If you choose to give us comments, suggestions, or ideas about the Service ("Feedback"), you grant Herely a perpetual, irrevocable, royalty‑free and transferable licence to use, modify, and incorporate that Feedback without obligation to you.

U.S. Government rights. The Service and Documentation are "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202; all U.S. Government end‑users acquire them with only those rights set forth in these Terms.

Export compliance. You represent that you are not located in, and will not export the Service to, any country subject to U.S. embargo or sanctions and are not on any U.S. Government restricted‑party list.

"Content" means any data you or your participants upload or create (initials, names, notes, course titles, etc.). You retain ownership, but you grant Herely a worldwide, royalty‑free licence to store, process, analyse (including in anonymised or aggregated form), and display that Content solely to operate and improve the Service.

You represent that you have all necessary rights and that Content does not violate any law or third‑party rights.

Copyright & DMCA. If you believe Content infringes your copyright, send a notice to support@herely.io. We may remove allegedly infringing material and terminate repeat infringers.

As part of the Service, participants may be asked to provide typed initials, names, or other identifying marks for the purpose of recording attendance. These inputs are stored as part of the course record.

Herely does not verify the legal identity of signers and does not certify these marks as legally binding electronic signatures under applicable law (such as the ESIGN Act or UETA). They are intended solely as a lightweight attendance signal, not for consent to legal agreements or transactions.

You agree not to knowingly submit false attendance information. Instructors are responsible for reviewing and verifying attendance data as appropriate for their use case.

You agree not to:

• Violate any applicable law or infringe intellectual‑property rights;
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service or other accounts;
• Upload malicious code, reverse‑engineer, or resell the Service;
• Use automated scripts or bots to create courses or simulate attendance;
• Harvest, disclose, or use participant data for purposes other than attendance tracking.
• Use the service to engage in hate speech or harass other users.

A "course" or "program" is a set of sessions with a stable roster. Licences apply per course/program. Excessive roster churn may be deemed abuse and may result in account suspension or course termination.

We reserve the right (but have no obligation) to monitor the Service, investigate misuse, disable or remove Content at our discretion, and to impose reasonable data‑storage or bandwidth limits. We may rate‑limit or suspend accounts that threaten Service stability or security.

If you are a U.S. educational institution, you remain the custodian of student education records under FERPA. Herely acts as a "school official" with "legitimate educational interest" and processes data solely to provide the Service (Privacy Policy § 9).

Herely takes steps to protect student and participant data — data is encrypted at rest and in transit.

If participants are under 13, you certify that you have obtained verifiable parental consent or rely on a FERPA exception, complying with COPPA.

Herely implements commercially reasonable administrative, technical, and physical safeguards to protect Content. Courses auto‑delete six months after creation, after which related records are irretrievably purged within 30 days. You acknowledge that no system is perfectly secure and agree to maintain your own back‑ups of critical data.

The Service relies on third‑party providers (e.g., AWS, Stripe). Their separate terms and privacy policies apply to their services; Herely is not responsible for their acts or omissions.

You may cancel or delete your account at any time. We may suspend or terminate access immediately for material breach, abusive behaviour, legal compliance, or risk to the Service.

The Service is provided "as is" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, title, or non‑infringement. We do not warrant that the Service will be uninterrupted, secure, or error‑free, or that data loss will not occur.

To the maximum extent permitted by law, Herely's aggregate liability arising out of or relating to the Service will not exceed (a) USD $100 or (b) the total fees you paid to Herely in the 12 months preceding the claim, whichever is greater, except for liability resulting from Herely's gross negligence or wilful misconduct.

In no event will we be liable for: (i) lost revenues, profits, data, or goodwill; (ii) indirect, special, incidental, consequential, or punitive damages; or (iii) corruption or loss of Content or backups.

Herely will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, labour disputes, internet outages, or governmental actions.

You agree to defend, indemnify, and hold harmless Herely and its affiliates from and against any third‑party claims, damages, or expenses (including reasonable attorneys' fees) arising from your Content, your violation of these Terms, or your misuse of the Service.

These Terms are governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict-of-law principles.

BINDING ARBITRATION & CLASS‑ACTION WAIVER. Any dispute, controversy, or claim arising out of or relating to the Service, these Terms, or any breach thereof, shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Arbitration shall take place in the state of New York, unless both parties agree to a different location or remote proceedings.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitration will be conducted on an individual basis, and not in a class, consolidated, or representative proceeding. YOU AND HERELY WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. Herely will pay any AAA filing fee above USD $200.

Time Limit to Bring Claims: Any claim arising out of or related to the Service must be filed within one (1) year after the cause of action arises; otherwise, such claim is permanently barred.

We may update these Terms from time to time. Material changes will be announced by email or in‑app banner at least 14 days before they take effect. If you object to the revised Terms, your sole remedy is to discontinue use before the effective date. Continuing to use the Service after that date constitutes acceptance.

Herely LLC
30 N Gould St Ste R
Sheridan, WY 82801 USA
support@herely.io