These Terms of Service ("Terms") are a legal agreement between you and Comeback Gear LLC d/b/a HeardUp ("HeardUp," "we," "us," or "our") governing your use of the HeardUp platform, including the web application, APIs, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
HeardUp provides a workforce communication and scheduling platform designed for businesses managing hourly and shift-based teams. The Service enables:
HeardUp is an operational communication tool. It is not a payroll processor, a human resources information system, or a legal compliance service. Operators remain solely responsible for employment decisions, labor law compliance, and workforce management.
To use the Operator features of the Service, you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must notify us immediately of any unauthorized use of your account. We are not liable for losses resulting from unauthorized account access due to your failure to safeguard your credentials.
You must be at least 18 years old and authorized to enter into binding contracts to create an Operator account.
As an Operator using HeardUp, you are responsible for:
You agree not to add staff members to the platform without a legitimate employment or operational relationship with those individuals.
HeardUp sends SMS messages on your behalf using registered messaging infrastructure. By using the SMS features of the Service, you agree to the following:
Operator messaging obligations:
HeardUp reserves the right to suspend messaging capabilities for accounts that violate these terms or generate excessive carrier complaints.
You agree not to use the Service to:
We reserve the right to investigate violations and take appropriate action including account suspension or termination.
The Service, including its design, features, code, and content (excluding content you submit), is owned by Comeback Gear LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.
You retain ownership of content you create and submit through the Service (such as message content and staff data). By submitting content to the Service, you grant HeardUp a limited license to use, process, and transmit that content solely as necessary to operate and provide the Service.
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the collection and use of information as described in the Privacy Policy.
You are responsible for the accuracy of staff data you provide and for maintaining appropriate records in accordance with applicable privacy laws.
Certain features of the Service may require payment of fees. Applicable fees, billing cycles, and payment terms will be communicated to you prior to any charges. By providing payment information, you authorize HeardUp to charge the applicable fees.
All fees are non-refundable unless otherwise stated or required by applicable law. We reserve the right to change pricing with reasonable notice to active subscribers.
If your payment fails and is not resolved within a reasonable period, we may suspend or terminate your account access.
HeardUp does not guarantee SMS delivery. Message delivery depends on third-party carriers and network conditions outside our control. We are not responsible for undelivered messages or carrier-level filtering.
HeardUp is not a licensed employment law provider. Nothing in the Service constitutes legal, HR, or compliance advice.
Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred dollars ($100).
You agree to indemnify, defend, and hold harmless Comeback Gear LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
You may terminate your account at any time by contacting us. We may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we determine violates these Terms, is harmful to other users or third parties, or for any other reason at our discretion.
Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and notify active Operators by email or in-platform notice for material changes. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
These Terms are governed by the laws of the state of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction in that state, and you consent to personal jurisdiction therein.
For questions about these Terms, please contact us:
Comeback Gear LLC d/b/a HeardUp
Email: support@comebackgearllc.com
Website: tryheardup.com