Terms of service

You need an account to use HerpSync, and you must give a working email address — sign-in is a code sent to it, and there is no password fallback, so an address you cannot read is an account you cannot reach. You are responsible for what happens under your account and for the people you invite into your workspace.

A workspace has one owner. Other members hold the roles and permissions the owner grants them, and the owner can change or revoke those at any time. If you invite someone, you are giving them access to your collection, your records and — depending on their role — your money and your customers.

• The free plan stays free. Paid plans are billed in advance, monthly or annually, and renew automatically until cancelled.
• Payments are taken by Stripe. Your card details go to Stripe, not to us.
• First-time subscribers get a 30-day trial. Nothing is charged during it, and the plan starts billing when it ends unless you cancel first.
• Changing plan takes effect immediately. On an upgrade you pay only the difference — the time you have already paid for is credited against it, and your renewal date does not move. On a downgrade that credit goes against your next invoice rather than back to your card.
• You can cancel at any time. Your plan runs to the end of the period you have paid for and then stops renewing. We do not refund unused time unless the law where you live says otherwise.
• We may change our prices. If we do, we will tell you before it affects a renewal, and you can cancel rather than accept it.

If your plan lapses or you drop to the free plan, your data is kept, not deleted. Features above your tier stop working, and your animals stay exactly where they are.

Everything you put into HerpSync stays yours. We do not claim ownership of your records, photos or website content, and we do not use them for anything except running the service for you — we do not train anything on them and we do not sell them.

Where you keep records about other people — your customers, your waiting list, the enquiries your site receives — those people are your responsibility, not ours. You decide what to collect and what to do with it; we hold and process it on your instructions, and only for the purpose of providing HerpSync to you. In data protection terms you are the controller and we are the processor. That means it is on you to have a lawful basis for holding those records, to answer those people when they ask what you hold, and to tell them what you do with it. We will help: we can identify an account, pass a request on and follow it up, and the app lets you edit and delete any record yourself.

You can export your animals as a spreadsheet at any time. Ask us and we will delete your workspace. The privacy policy explains how long anything survives in backups afterwards, and — importantly — that deleting a published photo is the only thing that withdraws the image itself.

Do not use HerpSync to:

• trade in animals whose sale or keeping is illegal where you or your buyer are, or to misrepresent what an animal is;
• publish content that is unlawful, deceptive, or that infringes somebody else's rights — including photographs that are not yours to publish;
• send unsolicited bulk email through the service, or record people who have not dealt with you;
• attack, overload, scrape or reverse-engineer the service, or try to reach another workspace's data;
• resell or white-label HerpSync as though it were your own product.

Automated access through the read-only API is fine within its plan and at a reasonable rate. The same goes for webhooks: you are responsible for whatever you point one at.

On the paid plans we host a public website for you, either on a HerpSync subdomain or on a domain you own. What appears on it is your content and your responsibility, including any prices, availability and claims about an animal. You control what is published from Settings, right down to individual animals.

If you connect a custom domain you must own it, and you are responsible for keeping its DNS pointed at us. Removing a domain, letting it lapse, or a change at your registrar will take your site down, and we cannot prevent that.

If you connect your own Square account, your sales, catalogue and payment links are between you and Square, under Square's agreement with you and not ours. Money from a sale through HerpSync settles into your Square account; we take no cut of it and never hold it. We read what you have authorised us to read and write only what the product says it writes.

One limit is worth stating plainly, because no software can work around it: when HerpSync hides a sold animal in your Square catalogue, that removes it from the places people browse. It cannot stop a barcode being scanned at your own till. Do not rely on it as a lock.

We work hard to keep HerpSync up and we monitor it from outside our own hosting, but we do not promise a particular level of availability. Maintenance, a provider outage, or a fault can interrupt the service. We take backups and we rehearse restoring from them, and you should still keep your own copy of anything you could not bear to lose — the spreadsheet export exists for exactly that.

HerpSync is provided as it is. Beyond what the law requires of us, we do not warrant that it will be uninterrupted or error-free, or that it will fit a particular purpose of yours. Nothing here excludes liability that cannot lawfully be excluded.

HerpSync is a record-keeping tool. It does not give veterinary, legal, financial or breeding advice, and its genetics calculations, projections and analytics are estimates from the data you enter. Decisions about an animal remain yours.

To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, lost profits, or lost data beyond what a restored backup provides; and our total liability to you for any claim is limited to what you paid us in the twelve months before it arose.

You can stop using HerpSync whenever you like, and ask us to delete your workspace. We can suspend or close an account that breaches these terms, that is being used to attack or abuse the service or another user, or where we are legally required to. Except where something is urgent or unlawful, we will tell you what the problem is and give you a chance to put it right first — and where we can, we will give you the opportunity to export your data.

If we ever discontinue HerpSync we will give reasonable notice, stop billing, and leave the export working for long enough for you to take your records with you.

We may update these terms. If a change materially affects you we will say so in the app or by email before it takes effect, and continuing to use HerpSync after that is acceptance. If you do not accept it, you can cancel.

EVC Studios is registered in Indiana, United States, and this agreement is governed by the laws of the State of Indiana and the United States, without regard to their conflict-of-law rules. Any dispute that cannot be settled between us belongs in the state or federal courts located in Indiana, and we each agree to that.

If you are a consumer, none of that takes away the protections of the mandatory law where you live, or your right to bring a claim in your own local courts where that law says you may.

EVC Studios — write to legal@herpsync.com.