1. Acceptance and authority
These Terms form a binding agreement between HERVIQ and the organisation or person accepting them. If you accept on behalf of an organisation, you represent that you have authority to bind that organisation. “Customer” means that organisation; “Authorised User” means a person permitted by Customer to use the service.
By creating an account, purchasing a subscription, accessing a workspace or using the services, Customer agrees to these Terms, the Privacy Policy, the Data Privacy Statement and any applicable order, product notice or data processing agreement. If an order expressly conflicts with these Terms, the order controls for that conflict.
2. Eligibility, accounts and administration
The services are intended for lawful business and professional use. Customer must provide accurate account and billing information, designate authorised administrators and keep account information current.
Customer is responsible for safeguarding credentials, configuring roles and permissions, managing Authorised Users and all activity occurring under its accounts, except to the extent caused by HERVIQ’s breach. Credentials may not be shared between individuals. Suspected unauthorised access must be reported promptly through the service support channel.
3. Subscriptions, active employees and payment
Paid access begins when the subscription is confirmed. Unless an order states otherwise, subscription fees are charged in advance, are $9.99 per active employee per month with no minimum subscription, and automatically renew for successive periods until cancelled in accordance with the available account controls.
An “active employee” is a workforce profile enabled for use, access, workflow processing or record management during a billing period. Customer must maintain accurate active-employee counts. HERVIQ may reconcile usage and apply the per-employee rate to the actual number of active employees.
Fees exclude taxes, duties and government charges, which Customer is responsible for except taxes imposed on HERVIQ’s income. Payments are non-refundable except where required by law or expressly stated in an order. Late or failed payment may result in restricted functionality or suspension after reasonable notice.
HERVIQ may change pricing for a future renewal period by providing advance notice through the service or account communication. A pricing change does not alter fees already paid for the current committed period.
4. Licence and permitted use
Subject to payment and compliance with these Terms, HERVIQ grants Customer a limited, non-exclusive, non-transferable and revocable right during the subscription term for Authorised Users to access and use the services for Customer’s internal workforce operations.
Customer and Authorised Users must not:
- Use the services unlawfully, deceptively, discriminatorily or to violate another person’s rights.
- Attempt to access another customer’s environment, bypass security controls or probe the service without written authorisation.
- Reverse engineer, copy, resell, sublicense or commercially exploit the service except as expressly permitted by law or written agreement.
- Upload malware, harmful code, unlawfully obtained information or content that infringes third-party rights.
- Use automated means that impose unreasonable load, evade usage protections or interfere with service integrity.
- Use the service as the sole basis for unlawful employment decisions or prohibited profiling.
5. Agentic AI, voice and automated workflows
HERVIQ may interpret natural-language text or voice input, retrieve customer-approved information, create summaries and responses, prepare workflow steps, and execute actions within permissions configured by Customer.
AI-generated content may contain errors, omissions or unexpected results. Customer is responsible for validating policies, configurations, outputs and proposed actions before relying on them. HERVIQ is not a substitute for legal, tax, payroll, medical or professional advice.
Customer determines the appropriate level of human oversight. Actions affecting employment status, compensation, disciplinary outcomes, legal rights or similarly consequential matters must receive appropriate human review and must not be delegated to HERVIQ where prohibited by law.
Normal workforce use of included AI functionality is covered by the applicable plan. HERVIQ may apply reasonable technical controls to prevent abuse, attacks, unlawful automation or usage that materially threatens service availability. Such controls are not intended to impose routine message counting on ordinary workforce activity.
6. Customer data and responsibilities
As between the parties, Customer retains ownership of data, policies, documents and content submitted to the service. Customer grants HERVIQ and its authorised providers a limited right to host, process, transmit and display Customer Data solely to provide, secure, support and improve the contracted service as permitted by the agreement.
Customer represents that it has all rights, notices, legal bases and permissions necessary to provide Customer Data and instruct its processing. Customer is responsible for the accuracy of policies, balances, approval routes, employment information and instructions configured in HERVIQ.
HERVIQ’s handling of personal data is further described in the Privacy Policy and Data Privacy Statement.
7. HERVIQ intellectual property
HERVIQ and its licensors retain all rights in the service, software, designs, interfaces, documentation, models, workflows, trademarks, technology and improvements, excluding Customer Data. No rights are granted except the limited access rights expressly stated in these Terms.
If Customer provides feedback, suggestions or ideas, HERVIQ may use them without restriction or payment, provided doing so does not identify Customer or disclose Customer Confidential Information.
8. Confidentiality
Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will protect such information using reasonable care, use it only to perform or exercise rights under the agreement, and disclose it only to personnel and providers who need it and are bound by appropriate obligations.
Confidentiality obligations do not apply to information that is lawfully public, already known without restriction, independently developed, or lawfully received from another source. Legally compelled disclosure is permitted where the receiving party provides notice when lawful and reasonable assistance at the disclosing party’s expense.
9. Service operation and changes
HERVIQ may update the service to improve functionality, security, reliability or legal compliance. HERVIQ will seek to avoid materially reducing the core functionality of a paid plan during its current subscription period. Features identified as beta, preview or evaluation may change or be discontinued and are provided without service commitments unless expressly agreed otherwise.
Temporary interruptions may occur for maintenance, security response, provider failures or events beyond reasonable control. HERVIQ will use commercially reasonable efforts to maintain service availability but does not guarantee uninterrupted operation.
10. Warranties and disclaimers
Each party warrants that it has authority to enter the agreement. HERVIQ warrants that it will provide the paid service with reasonable skill and care and will not knowingly introduce malicious code.
Except for express warranties stated in the agreement and to the maximum extent permitted by law, the services are provided “as is” and “as available.” HERVIQ disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that AI output will be complete, accurate or suitable for a specific employment decision.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, revenues, goodwill or business opportunities, arising from the agreement, even if advised of their possibility.
Except for liabilities that cannot lawfully be limited, each party’s total aggregate liability arising from the services will not exceed the fees paid or payable by Customer for the services giving rise to the claim during the twelve months preceding the event giving rise to liability.
Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, infringement or misappropriation of the other party’s intellectual property, breach of confidentiality, Customer’s payment obligations, or any liability that applicable law does not permit the parties to exclude or limit.
12. Indemnity
Customer will defend and indemnify HERVIQ against third-party claims arising from Customer Data, Customer’s unlawful instructions, Customer’s employment decisions, or use of the service in material violation of these Terms. HERVIQ will defend and indemnify Customer against a third-party claim that the paid service, when used as authorised, directly infringes that party’s intellectual property rights. Indemnity obligations are subject to prompt notice, control of defence and reasonable cooperation.
13. Suspension and termination
Customer may cancel renewal through available account controls. Either party may terminate for a material breach not cured within thirty days after written notice, or immediately if the breach cannot be cured, the other party becomes insolvent, or continued performance would violate law.
HERVIQ may suspend affected access where reasonably necessary to address a security threat, unlawful activity, material breach or overdue undisputed payment. Where practicable, HERVIQ will provide notice and limit suspension to the affected portion of the service.
On termination, access ends and outstanding fees become due. Provisions that by nature should survive—including payment, confidentiality, ownership, disclaimers, liability and dispute provisions—will survive. Customer Data will be handled as described in the Data Privacy Statement and applicable agreement.
14. Third-party services
Customer may choose to connect third-party products or services. HERVIQ is not responsible for third-party terms, availability, security or processing outside HERVIQ’s control. Customer authorises HERVIQ to exchange information with a selected integration as needed to enable it.
15. Governing law and disputes
These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict-of-laws principles. The courts of Dubai have exclusive jurisdiction over disputes arising from these Terms, unless mandatory law gives a consumer or data subject the right to bring a claim elsewhere.
Before formal proceedings, each party will attempt in good faith to resolve a dispute through authorised representatives. Either party may seek urgent injunctive or protective relief where necessary.
16. General provisions
Neither party may assign the agreement without the other party’s prior consent, except to an affiliate or in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the assignee assumes the obligations. Customer may not assign to a direct competitor of HERVIQ without consent.
Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. The parties are independent contractors. The agreement creates no partnership, agency, employment or third-party beneficiary relationship.
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. Electronic notices and acceptance have the same effect as written originals to the extent permitted by law.
17. Changes and contact
HERVIQ may update these Terms for future use of the service. Material changes will be notified through the website, service or account communication before they take effect where required. Continued use after the effective date constitutes acceptance, except where law requires express consent.
Contractual notices and questions may be submitted through the legal or support channel available within the HERVIQ service.