Effective January 01, 2025
These Terms of Service (“Terms”) govern your access to and use of the HereApp website, mobile apps, and services (the “Services”), including any information, text, graphics, photos, or other materials uploaded, downloaded, or available through the Services (collectively, “Content”). Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
You are solely responsible for your use of the Services, including any Content you submit, post, or display. You also accept responsibility for any consequences arising from your actions. Any Content you share may be accessible to other users within your school or school district, depending on the permissions you grant. Only provide Content that you are comfortable sharing with others under these Terms.
These Terms do not modify any existing agreements or licenses related to mobile apps or other written contracts between the parties. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity.
You may use the Services only if you are capable of forming a binding contract with HereApp and are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. You agree to comply with these Terms and all relevant local, state, national, and international laws, rules, and regulations when using the Services.
The Services provided by HereApp are constantly evolving, and their form or nature may change from time to time without prior notice. HereApp may also suspend or terminate access to the Services (or specific features) for you or for all users, with no obligation to provide prior notice.
HereApp reserves the right to modify or change these Terms at its sole discretion. Any changes will take effect immediately upon being posted on the HereApp website. Your continued use of the Services after such changes will indicate your acceptance of the revised Terms. Therefore, it is your responsibility to regularly review these Terms and any applicable policies to stay informed about the terms governing your use of the Services. If you do not agree with any changes, you must stop using the Services.
Additionally, HereApp may impose limits on use or storage at its discretion, without prior notice to you.
Any information you provide to HereApp is governed by our Privacy Policy, which details how we collect, use, and protect your data. By using the Services, you consent to the collection, processing, and transfer of your information as outlined in the Privacy Policy. This may include the transfer of your information to the United States or other countries for storage and use by HereApp. In the course of providing the Services, you may receive communications from us, such as service updates or administrative notices. These messages are considered part of your account and the Services, and you may not be able to opt out of receiving them.
You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. We recommend using a strong password—one that includes a combination of upper- and lower-case letters, numbers, and special characters. HereApp is not liable for any loss or damage that results from your failure to secure your password or adhere to these recommendations.
You are solely responsible for any Content you create, post, or transmit through the Services, whether publicly or privately. While we strive to maintain a safe and positive environment, we do not control or monitor the Content posted via the Services and cannot be held responsible for it.
Any reliance on or use of Content posted through the Services is at your own risk. We do not endorse, verify, or guarantee the accuracy, completeness, or reliability of any Content or communications shared through the Services, nor do we support the opinions expressed by users.
By using the Services, you acknowledge that you may encounter Content that is offensive, harmful, inaccurate, or otherwise inappropriate, including Content that may be misrepresented or misleading. Under no circumstances will HereApp be liable for any loss, damage, or issues arising from the use of any Content, including errors or omissions, or for any harm caused by Content posted, transmitted, or otherwise made available through the Services.
You retain ownership of any Content, including personal information, that you submit, post, or display on or through the Services. By submitting, posting, or displaying such Content, you grant HereApp a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the Content across any and all media or distribution channels, whether currently known or developed in the future.
This license also allows HereApp to make your Content available to third-party companies, organizations, or individuals who partner with HereApp for the syndication, broadcast, distribution, or publication of such Content, in accordance with the terms and conditions governing such usage.
HereApp has established guidelines for how our partners may interact with your Content, ensuring a fair and open ecosystem while protecting your
rights. However, the ownership of your Content, including your personal information and photos, remains with you.
Please note that HereApp, or its partners, may use your Content for the aforementioned purposes without any compensation to you. In addition,
HereApp may modify or adapt your Content as needed to transmit, display, or distribute it across various networks, devices, services, or media, and to comply with any technical requirements or limitations.
All rights, title, and interest in the Services (excluding user-provided Content) are and will remain the exclusive property of HereApp. The Services are protected by copyright, trademark, and other applicable laws in the United States and other countries. Nothing in these Terms grants you the right to use the HereApp name, trademarks, logos, domain names, or any other distinctive brand elements associated with HereApp.
Any feedback, comments, or suggestions you provide regarding HereApp or the Services are entirely voluntary. HereApp is free to use, modify, or incorporate such feedback or suggestions as we see fit, without any obligation to you.
We reserve the right, at our discretion, to remove or refuse to distribute any Content on the Services, and to suspend or terminate user accounts or reclaim usernames. Additionally, we may access, read, preserve, and disclose any information that we believe is necessary to: (i) comply with legal requirements, regulations, or government requests, (ii) enforce these Terms, including investigating violations, (iii) address fraud, security, or technical issues, (iv) respond to user support inquiries, or (v) protect the rights, property, or safety of HereApp, its users, and the public.
HereApp will not disclose personally identifiable information to third parties except as outlined in our Privacy Policy.
While using the Services, you may not engage in any of the following activities:
HereApp respects the intellectual property rights of others and expects its users to do the same. We will address notices of alleged copyright infringement that comply with applicable law and are properly submitted to us.
If you believe that your Content has been copied in a way that violates copyright law, please provide the following information:
We reserve the right to remove any Content that is alleged to infringe copyrights, at our sole discretion and without prior notice. In cases of repeat infringement, HereApp may also suspend or terminate the user account of the infringer.
Our designated copyright agent for notices of alleged infringement on the Services is: PivotX Solutions LLC.
Attn: Copyrights
Email: info@pivotxsolutions.com
Your use of the Services and any Content is at your own risk. You acknowledge and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, HereApp and its partners disclaim all warranties, both express and implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content. HereApp is not responsible or liable for any damage to your computer system, data loss, or other harm arising from your access to or use of the Services or any Content.
Additionally, you acknowledge that HereApp is not liable for the deletion or failure to store or transmit any Content or other communications maintained through the Services
We do not guarantee that the Services will meet your needs or be available without interruption, securely, or error-free. No advice or information, whether oral or written, obtained from HereApp or through the Services, will create any warranty not expressly stated in these Terms.
The Services may include links to third-party websites or resources. You acknowledge and agree that HereApp is not responsible or liable for: (i) the
availability or accuracy of these external websites or resources, or (ii) the content, products, or services offered on or through these websites or
resources.
Links to third-party sites do not imply any endorsement by HereApp of those sites or their content, products, or services. You assume full responsibility and risk for using any third-party websites or resources
To the maximum extent permitted by applicable law, HereApp and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:
HereApp makes no warranties that the Services will meet your requirements or be available without interruption, error, or security flaws. We do not guarantee that any information or advice obtained through the Services will create any warranty not expressly stated herein.
Additionally, HereApp has no responsibility or liability for the deletion, failure to store, or inability to transmit any Content or communications maintained by the Services.
The aggregate liability of HereApp, regardless of the legal theory (whether in contract, warranty, tort, including negligence, product liability, or strict
liability), arising out of or relating to your use of the Services, shall not exceed the total compensation you have paid, if any, to HereApp for access to or use of the Services.
If you are a California resident, you waive your rights under California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known, must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold harmless HereApp, its affiliates, contractors, service providers, consultants, and their respective directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to:
If the laws of your jurisdiction do not allow for the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, the above limitations will not apply to you.
Failure by HereApp to enforce any provision of these Terms does not waive that provision. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms and any disputes related to them will be governed by the laws of the State of Texas, without regard to its conflict of law principles or your state/country of residence.
All legal actions or proceedings related to the Services must be filed exclusively in Collin County, Texas. By using the Services, you consent to the jurisdiction and venue of these courts, waiving any objections to inconvenient forums.
If you are accepting these Terms on behalf of a U.S. federal government entity that cannot accept the jurisdiction or venue clauses above, those clauses do not apply. Instead, these Terms will be governed by U.S. federal law and, if necessary, Texas state law, excluding its conflict of law principles.
HereApp may assign this Agreement, without your consent, to a parent company, subsidiary, acquirer of assets, or successor by merger.
These Terms, along with the HereApp Rules and Privacy Policy, constitute the complete and exclusive agreement between you and HereApp regarding the Services (excluding any separate agreements for other services). These Terms supersede any prior agreements between you and HereApp regarding the Services. No third party, other than entities within the HereApp corporate group, will have any rights under these Terms.
We may update these Terms periodically. The most current version will always be available at hereapp.io/termsofservice. If a revision is significant, we will notify you by email. By continuing to use the Services after any updates, you agree to the revised Terms.
These Services are operated by PivotX Solutions LLC, located in Texas. For any questions regarding these Terms, please contact us at support@hereapp.io
Our platform includes a Web and Mobile app that simplifies attendance recording and management. Students can easily record their attendance using a one-time code given by instructors, while the app also handles excused absence requests and notifications.
