Last Updated: January 21, 2025
These Terms and Conditions ("Terms") govern your use of Heard, a restaurant management platform operated by Heard, Inc. ("Company," "we," "us," or "our"). By accessing or using Heard, you agree to be bound by these Terms.
By creating an account or using Heard, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may not access or use Heard.
To use Heard, you must:
You must create an account to use Heard. You agree to:
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.
New users receive a 14-day free trial. No credit card is required to start your trial. At the end of the trial period, you must subscribe to a paid plan to continue using Heard.
Subscription fees are:
Subscriptions are billed monthly in advance and automatically renew unless canceled.
Payments are processed securely through our third-party payment provider (Stripe). You authorize us to charge your payment method for all fees incurred.
Subscription fees are non-refundable except as required by law or at our sole discretion. If you cancel, you will retain access until the end of your current billing period.
Heard is intended for restaurant operations management. You may use it to:
You agree NOT to:
Heard and its contents (software, design, text, graphics, logos) are owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.
You retain ownership of content you upload (checklists, photos, reports). By using Heard, you grant us a limited license to:
We will never share your content with third parties for their own purposes without your consent.
If you provide feedback or suggestions, we may use them without obligation or compensation to you.
Your use of Heard is subject to our Privacy Policy, which is incorporated into these Terms by reference.
We perform regular backups, but you are responsible for maintaining your own backups of critical data. We are not liable for data loss.
You may export your data at any time through the platform's export features.
We strive for 99.9% uptime but cannot guarantee uninterrupted access. The service may be unavailable due to:
We reserve the right to modify, suspend, or discontinue any aspect of Heard at any time, with or without notice.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your account if you:
Upon termination, your access to Heard will cease. We may retain your data as described in our Privacy Policy, including for legal compliance and backup purposes.
HEARD IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including attorney fees) arising from your use of Heard, violation of these Terms, or violation of any rights of others.
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in accordance with [Arbitration Rules], except you may bring claims in small claims court if they qualify.
You agree that disputes will be resolved on an individual basis and you waive any right to participate in class actions or class-wide arbitration.
We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full effect.
These Terms and our Privacy Policy constitute the entire agreement between you and us regarding Heard.
You may not assign or transfer these Terms without our consent. We may assign our rights without restriction.
Questions about these Terms? Contact us:
By using Heard, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.