Terms of Service

Effective as of June 20, 2023

Welcome to Herv.ai. These Terms of Service ("Terms") govern your access to and use of the Herv.ai application and services provided by TheFutureOfAccounting, Inc. ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Herv.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Service

Herv.ai is a bookkeeping quality control and automation application that connects to accounting software (such as QuickBooks Online) to run automated quality checks on financial data. Our service identifies potential issues, inconsistencies, and errors in bookkeeping records to help accounting professionals maintain data quality.

3. Account Registration

To use Herv.ai, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. Subscription and Payment

Herv.ai operates on a subscription basis. By subscribing to our services:

  • You agree to pay the applicable fees as described on our pricing page
  • Subscriptions are billed on a recurring basis (monthly or annually)
  • You authorize us to charge your payment method on file
  • Fees are non-refundable except as required by law or as expressly stated in these Terms

5. Free Trial

We may offer a free trial period for new users. At the end of the trial period, your account will be converted to a paid subscription unless you cancel before the trial ends. No credit card is required to start a free trial.

6. Acceptable Use

You agree not to:

  • Use our services for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of our services
  • Reverse engineer, decompile, or disassemble any aspect of our services
  • Use our services to transmit malware or other harmful code
  • Resell or redistribute our services without our express written consent

7. Third-Party Integrations

Herv.ai integrates with third-party services such as QuickBooks Online, Karbon, and Zapier. Your use of these integrations is subject to the terms and conditions of those third-party services. We are not responsible for the availability, accuracy, or reliability of third-party services.

8. Data and Privacy

Your use of Herv.ai is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using our services, you consent to our data practices as described in the Privacy Policy.

9. Intellectual Property

Herv.ai and its original content, features, and functionality are owned by TheFutureOfAccounting, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission.

10. Disclaimer of Warranties

HERV.AI IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH OUR SERVICES.

Herv.ai is a quality control tool designed to flag potential issues for review. It does not replace professional judgment, and you remain responsible for verifying all bookkeeping work and financial data.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEFUTUREOFACCOUNTING, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF HERV.AI.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless TheFutureOfAccounting, Inc. and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services or violation of these Terms.

13. Termination

We may terminate or suspend your account at any time for any reason, including violation of these Terms. Upon termination, your right to use Herv.ai will immediately cease. You may cancel your subscription at any time through your account settings.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or sending you an email. Your continued use of Herv.ai after such changes constitutes your acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

16. Contact Information

If you have any questions about these Terms, please contact us at:

TheFutureOfAccounting, Inc.
8 The Green, Suite 7173
Dover, Delaware 19901

Email Address: support@herv.ai
Telephone number: (843) 256-2416