# Herald Terms of Service Terms that govern access to and use of Herald. **Effective Date:** May 27, 2026 **Company:** Comcage LLC, DBA Oodle **Service:** Herald ## 1. Agreement to These Terms These Terms of Service (the “Terms”) govern your access to and use of Herald and related websites, applications, features, and services (the “Service”). By using the Service, you agree to these Terms. Creating an account, signing up, starting a trial, completing checkout, clicking or checking an acceptance control, or continuing to use the Service after notice of updated Terms each constitutes acceptance where applicable. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes that organization. We may record acceptance details such as the acceptance date and time, user and account identifiers, document version, IP address, device information, and related log metadata where collected. If you do not agree to these Terms, do not use the Service. ## 2. Accounts You may need an account to use the Service. You agree to provide accurate account information and keep it up to date. You are responsible for maintaining the security of your account and password, and for all activity under your account, including activity by users, agents, automations, or integrations. We recommend using two-factor authentication where available, and we may require it for some accounts or features. Notify us promptly if you believe your account has been compromised. ## 3. Customer Content “Customer Content” means content, data, messages, prompts, outputs, contact lists, campaign materials, files, and other materials that you or your users submit to or generate through the Service. You retain ownership of your Customer Content. You grant Comcage LLC, DBA Oodle a limited right to host, process, transmit, display, and use Customer Content as needed to provide, maintain, secure, and improve the Service, and as described in these Terms or our Privacy Policy. You are responsible for ensuring you have the rights and permissions needed to use Customer Content with the Service, including recipient lists, campaign content, messages, prompts, outputs, and related engagement data. Where you use Herald for an organization, that organization may control Customer Content and account data. Users should contact that organization for requests relating to organization-controlled data. ## 4. Acceptable Use and Anti-Spam You may use the Service only in accordance with these Terms, applicable laws, and any documentation, plan limits, fair use requirements, or usage limits we provide. You agree not to use the Service to: - Violate any law, regulation, or third-party right. - Send spam, unsolicited communications, or messages without required consent. - Use purchased, scraped, harvested, or unauthorized contact lists. - Mislead recipients about the sender, source, purpose, or content of a message. - Send phishing, fraudulent, deceptive, abusive, harassing, or harmful content. - Upload or transmit malware or harmful code. - Attempt to gain unauthorized access to the Service or related systems. - Interfere with the security, integrity, availability, or performance of the Service. - Reverse engineer, scrape, copy, or misuse the Service except as permitted by law or written agreement. You are responsible for complying with anti-spam, marketing, privacy, and communications laws that apply to your use of the Service, including consent, unsubscribe, sender identification, and recordkeeping requirements. We may suspend, throttle, limit, or terminate access if we believe your use of the Service violates these Terms, creates cost, abuse, deliverability, AI, platform, security, or service-stability risk, harms recipients, hurts deliverability, degrades the Service, or may expose Comcage LLC, DBA Oodle, customers, users, or third parties to liability. When practical, we will try to contact the account owner before taking action, except in urgent cases involving abuse, security, deliverability, platform risk, or service stability. ## 5. AI-Assisted Features The Service may include AI-assisted features that help draft, summarize, classify, recommend, or generate content. AI-assisted outputs may be inaccurate, incomplete, outdated, or inappropriate for your use case. You are responsible for reviewing, editing, approving, and using any AI-assisted output before relying on it or sending it to others. AI-assisted output is not legal, financial, medical, compliance, or other professional advice. ## 6. Third-Party Services The Service may use or integrate with third-party services, products, infrastructure, platforms, or providers, including hosting, email delivery, analytics, AI, payment processing, authentication, and support. Third-party services are governed by their own terms, policies, and service levels. To the fullest extent permitted by law, we are not responsible for third-party services or for damages caused by them. ## 7. Fees, Payment, Taxes, Renewals, and Plan Limits Fees, billing cadence, renewal terms, cancellation rights, taxes, plan limits, included usage, and any overage or AI-usage charges will be described at checkout, in an order form, on a subscription page, in clear product notices presented before or when the charge applies, or in another written agreement. Subscriptions may be offered monthly, quarterly, annually, or on another agreed billing schedule. Unless otherwise stated in an order form or required by law, fees are non-refundable and subscriptions renew automatically for the selected term. If you cancel before the end of your current paid billing period, your cancellation stops future renewal, but we do not automatically prorate unused time. We may change pricing, packages, features, fair use rules, usage limits, or included usage with notice as reasonably appropriate. Existing paid-period commitments, order forms, or written agreements control for their stated term where they expressly conflict with later posted changes. You are responsible for applicable taxes other than taxes based on our net income. If you exceed plan limits or use paid AI, delivery, storage, or other usage-based features, you are responsible for disclosed overage or usage charges. If you fail to pay amounts when due, we may suspend or terminate access after reasonable notice and may recover reasonable collection costs where permitted by law. ## 8. Lifetime Access Offers If we offer “Lifetime Access,” “Lifetime Deal,” or similar access, “lifetime” means the lifetime of the Herald service or relevant Herald product, not the lifetime of any person and not a perpetual obligation to operate the company, service, or feature indefinitely. Lifetime Access remains subject to these Terms, acceptable use, plan limits, fair use, usage-based charges where disclosed, material product changes, and any stated offer terms. We may modify or discontinue features, packages, or the Service, including for shutdown or material product changes. Except where required by law or expressly promised in the offer terms, discontinuation, suspension, termination, or product changes do not create a refund obligation. ## 9. Intellectual Property The Service, including software, design, features, documentation, and related intellectual property, is owned by Comcage LLC, DBA Oodle or its licensors. Except for the limited right to use the Service under these Terms, no rights are granted by implication or otherwise. We may use feedback without restriction or obligation, unless otherwise agreed in writing. ## 10. Privacy, Security, and Confidentiality Our collection and use of personal information is described in the Herald Privacy Policy. Our general approach is to collect only what we need to provide, secure, support, and improve the Service. We use reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Content. No system is perfectly secure. We do not review Customer Content except in limited circumstances, such as providing support, fixing errors, investigating abuse or deliverability issues, addressing security issues, or complying with legal requirements. If either party receives non-public information from the other party that a reasonable person would understand to be confidential, the receiving party will use reasonable care to protect it and will use it only for purposes related to the Service. This does not apply to information that is publicly available, independently developed, lawfully received from another source, or required to be disclosed by law. ## 11. Suspension, Cancellation, and Termination You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms, create risk, fail to pay fees, or if required by law. Termination does not relieve you of amounts that accrued before termination. Unless otherwise stated in an order form or required by law, you are not entitled to a refund because of cancellation, termination, or suspension. After cancellation or termination, your right to use the Service ends and Customer Content may become inaccessible. If you want to export Customer Content, you should do so before cancellation. Within 30 days after cancellation or termination, Customer Content will be permanently deleted from active systems. Within 60 days after cancellation or termination, Customer Content will be permanently deleted from backups. We cannot recover Customer Content after it has been permanently deleted. We may retain limited account, billing, tax, security, legal, acceptance, abuse-prevention, suppression-list, deliverability, usage-limit, and transaction records for longer where needed for legitimate business, legal, compliance, fraud-prevention, or deliverability purposes. Sections that by their nature should survive termination will survive, including ownership, fees owed, confidentiality, disclaimers, limitations of liability, indemnification, and dispute terms. ## 12. Disclaimers The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Comcage LLC, DBA Oodle disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, compatible with every system or provider, or that content, outputs, deliverability, recommendations, or results will be accurate, complete, or suitable for your intended use. ## 13. Limitation of Liability To the fullest extent permitted by law, Comcage LLC, DBA Oodle will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities. To the fullest extent permitted by law, Comcage LLC, DBA Oodle’s total liability for claims relating to the Service will not exceed one times the fees paid by you for the Service giving rise to the claim. Some jurisdictions do not allow certain limitations, so some limitations may not apply. ## 14. Indemnification You agree to defend, indemnify, and hold harmless Comcage LLC, DBA Oodle from claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your Customer Content, recipient lists, campaigns, use of the Service, violation of these Terms, violation of law, or violation of third-party rights. ## 15. Governing Law and Disputes These Terms and any claim arising out of or relating to these Terms or the Service are governed by the laws of the State of Ohio, excluding conflict-of-law rules. Any claim or controversy arising out of or relating to these Terms or the Service that is not resolved by the parties themselves or through a third-party mediator will be settled by binding arbitration in Cincinnati, Ohio administered by Cincinnati Bar Association Arbitration Services pursuant to its rules and procedures. Judgment on the award may be entered in any court of competent jurisdiction. The parties will share mediation and arbitration fees equally, but each party will bear its own counsel, expert, witness, preparation, and presentation costs, except that the prevailing party in arbitration will be entitled to reasonable attorneys’ fees. ## 16. General Terms Neither party may assign these Terms without the other party’s prior written consent, except that either party may transfer these Terms to a successor to all or substantially all of its assets or business. Neither party will be liable for delay or failure to perform to the extent caused by events beyond its reasonable control. These Terms, together with any applicable order form, subscription page, written agreement, and policies incorporated by reference, are the entire agreement between you and Comcage LLC, DBA Oodle regarding the Service. Any waiver must be in writing. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the remaining provisions will remain in effect. ## 17. Changes to These Terms We may update these Terms from time to time. If changes are material, we will provide notice as required by law or as reasonably appropriate. Continued use of the Service after updated Terms become effective means you accept the updated Terms. ## 18. Contact Questions about these Terms may be sent to: Comcage LLC, DBA Oodle 2345 Ashland Ave Cincinnati, OH 45206 legal@sendherald.com