Terms of Service

These Terms of Service ("Terms") are an agreement between you and Dan Zilberman ("Hereby", "we", "us"), an individual based in Israel who operates Hereby. They govern your use of the Hereby websites at usehereby.com, the Hereby application, its API and the data room and signing pages we host for our customers (together, the "Service").

If you use the Service on behalf of a company or other organisation, you accept these Terms for that organisation and confirm that you are authorised to do so. In that case "you" means the organisation.

1. Accounts and workspaces

You sign in with a one-time code sent to your email address. Keep access to that mailbox secure: anyone who can read it can sign in as you.

Work in Hereby happens in workspaces. The person who creates a workspace is its owner and may invite others as members with different roles. The workspace (and the organisation it belongs to) is our customer ("Customer"). Workspace owners and admins control who has access to the workspace and its content, and are responsible for the actions of the members they invite.

You must be at least 18 years old and able to form a binding contract to create a workspace.

2. Your content

"Customer Content" means the files, documents, signatures, form values, messages and other material that you or your members, viewers and signers upload to or create in the Service.

You keep all rights in your Customer Content. You grant us a limited licence to host, copy, process, transmit and display it only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy and Data Processing Agreement. We do not sell your Customer Content and we do not use it to train AI models.

You are responsible for your Customer Content and for having the rights and permissions needed to upload and share it, including any personal data of other people it contains.

3. Data rooms and electronic signatures

Hereby lets you share documents with people outside your workspace ("viewers") and ask people to sign documents electronically ("signers"). You decide who gets access, what they can do and which documents they sign.

Electronic signatures made with Hereby are intended to meet the requirements for electronic signatures under the U.S. ESIGN Act and UETA and for simple electronic signatures under the EU eIDAS Regulation for ordinary commercial agreements. Some documents (for example wills, certain real estate, family law or court documents, or documents that need a notary, a witness or an advanced or qualified signature) may not be signed electronically, or not with this type of signature, in some jurisdictions. You are responsible for deciding whether an electronic signature is suitable for a particular document and jurisdiction. Hereby is not a party to the agreements you sign and does not give legal advice. See our Electronic Signature Disclosure.

Each completed envelope receives a certificate of completion and a cryptographic seal. We keep the evidence needed to show what happened, as described in the Privacy Policy.

4. AI features

Some features, such as preparing a document for signing automatically, use artificial intelligence. Workspace admins can turn AI features off. When they are on, the documents you choose to process are sent to our AI sub-processors for that purpose only. AI output can be wrong: always review the fields, roles and signing order before you send a document.

5. Acceptable use

You agree to follow our Acceptable Use Policy. We may suspend access to content, links or accounts that break it, as explained there.

6. Plans, payment and cancellation

Hereby offers paid plans, priced per workspace, as shown on our pricing page. Every new workspace starts with a 14-day free trial; when it ends, the workspace becomes read-only until a plan is bought. Paid plans are sold and billed by our reseller and Merchant of Record, Polar Software Inc. ("Polar"). When you buy a plan, you also accept Polar's terms of purchase, and Polar handles payment, invoices, sales tax and VAT.

• Renewal. Subscriptions renew automatically at the end of each billing period until you cancel.
• Cancellation. You can cancel at any time from the workspace billing settings (Polar's customer portal). Your plan stays active until the end of the paid period; the workspace then becomes read-only (your content stays) until a plan is bought again.
• Refunds. Because every workspace starts with a free trial, payments are not refundable except as our Refund Policy states or the law requires.
• Price changes. We will tell you at least 30 days before a price change applies to your subscription. It takes effect at your next renewal.
• Plan limits. Each plan has limits (for example storage, envelopes and features). If you go over a limit we may ask you to upgrade or limit the feature until you do.

7. Our responsibilities

We will provide the Service with reasonable skill and care, protect Customer Content with the security measures described in our Data Processing Agreement, and use sub-processors only as listed on our sub-processors page.

We work to keep the Service available but do not promise uninterrupted service unless we agree a service level with you in writing. We may change or improve the Service. If we remove a material feature of a paid plan, we will tell you in advance so you can cancel before your next renewal.

8. Confidentiality

Each party will keep the other's non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public, already known, independently developed or lawfully received from someone else, or that the law requires to be disclosed.

9. Intellectual property

The Service, its software, design and brand belong to us and our licensors. These Terms do not give you any rights in them except the right to use the Service as allowed here. If you send us feedback, we may use it without obligation to you.

10. Termination

You may stop using the Service and delete your workspace or account at any time. We may suspend or end your access if you materially break these Terms (including non-payment or the Acceptable Use Policy) and do not fix it within a reasonable time after notice, or immediately where needed to protect the Service, other users or the law.

After a workspace is deleted, its content is removed from the active service within the retention window and from backups on their normal cycle, as described in the Privacy Policy. Signing evidence (audit records and certificates) may be kept longer where the law or the integrity of signed records requires it. Export anything you need before you delete.

11. Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that a particular document will be legally enforceable.

12. Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused.
• Each party's total liability arising out of or relating to these Terms is limited to the greater of (a) the amounts you paid for the Service in the 12 months before the event giving rise to the claim and (b) USD 100.

These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

13. Indemnity

You will defend and indemnify us against third-party claims arising from your Customer Content or your use of the Service in breach of these Terms or the law.

14. Consumers

If you use the Service as a consumer, nothing in these Terms limits the rights you have under mandatory consumer protection law in the country where you live.

15. Changes to these Terms

We may update these Terms. If a change is material, we will tell workspace owners by email or in the app at least 30 days before it takes effect. If you keep using the Service after the change takes effect, you accept the new Terms. If you do not agree, you may cancel before then.

16. Governing law and disputes

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-law rules. The courts of the competent courts in Tel Aviv-Jaffa, Israel have exclusive jurisdiction over any dispute, except that either party may seek urgent injunctive relief in any competent court, and consumers may bring proceedings where they live.

17. General

These Terms, together with the policies they link to and any order form, are the entire agreement between us about the Service. If any part is unenforceable, the rest stays in effect. A failure to enforce a right is not a waiver. You may not assign these Terms without our consent, except to a successor of your business; we may assign them to an affiliate or a successor. Neither party is responsible for delays caused by events beyond its reasonable control.

18. Contact

Dan Zilberman, Israel. Email: [email protected].