Terms of Service

Last updated 2025-09-30


Thank you for visiting HeyPolo! Please read the following information carefully. PLEASE PAY CLOSE ATTENTION TO THE PROVISIONS COVERING POTENTIAL FUTURE CHARGES AND CHANGES TO THESE TERMS.

These Terms of Service ("Terms") govern your access to and use of the HeyPolo website ("Website"), the HeyPolo mobile application ("App"), and all related features and functionality (collectively, the "Service"). The Service is provided by Surfshark B.V., a company with its registered address at Kabelweg 57, 1014BA Amsterdam, the Netherlands (referred to as "we", "us", or "HeyPolo"). This is a binding agreement between you and Surfshark B.V. . IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT ACCESS OR USE OUR SERVICE. BY ACCESSING AND/OR USING OUR WEBSITE OR APP, YOU AGREE TO BE BOUND BY THESE TERMS. References to ‘you’ in these Terms indicate any person who visits our Website or creates a HeyPolo account.

We may change these Terms from time to time. We will provide you with notice within the App or via email any time these Terms have been amended or updated. It is your responsibility to review these Terms periodically, and if at any time you find them unacceptable, you must immediately cease all use of our Service. You should also read our Privacy Policy, which explains how we handle your data.


The Gist

Since nobody enjoys reading these things, we’re including short blurbs of text to help you understand what each section is about. You should still read the whole thing since this is only a comment and the Terms are the binding document you’re agreeing to if you are using HeyPolo Service.

This is a Binding Contract. Your use of the HeyPolo Service, including the Website and App, is subject to these Terms.

The Service is Currently Free. The Service is free to use right now, but we reserve the right to introduce paid plans in the future.

HeyPolo Is Not an Emergency Service. The Service is an informational tool for peace of mind, not a foolproof safety system.

Our Liability is Limited. We provide the Service "as is" and cannot be held liable for certain damages.

Disputes. Most disagreements will be resolved in Delaware courts.

1. What is the HeyPolo Service?

A tool designed to provide an additional layer of safety and peace of mind.

The HeyPolo Service consists of our informational Website and a personal safety service accessible through our App. The core functionality of the Service utilizes algorithms to analyze location data to learn a user's regular routines, such as frequently visited places and typical hours of activity. Based on this learned behavior, the Service is designed to identify significant deviations from established patterns. When such a deviation is detected, the Service may send a notification to other members of the user's designated group (e.g., family or friends). The purpose of the Service is to provide informational alerts; it is not a guaranteed safety solution and must not be used as an emergency service. Accessing the core functionality requires creating an account within the App.

Privacy is at the core of what we do. The data we collect is strictly necessary to provide you with the Service, like identifying unusual patterns or notifying you of potential risks. For a detailed breakdown of what data we collect and why, please see our Privacy Policy.

2. Service Features and Limitations

A clear look at what our app does and what can affect its performance.

The HeyPolo Service relies on data from your mobile device to function correctly. The performance and accuracy of our features are entirely dependent on factors outside our control. You acknowledge and agree to the following limitations:

Routine Learning & Alerts: Our algorithms learn routines over time to detect unusual activity. This process is not instant and can be affected by irregular schedules. The accuracy of alerts depends entirely on a consistent stream of data.

Service Requirements: For the App's core functionality to work, the device must be turned on, have sufficient battery power, and have a stable connection to a cellular or Wi-Fi network. The App must be correctly installed with all necessary permissions granted (e.g., Location set to "Always Allow," Background App Refresh enabled).

External Factors: The Service can be negatively impacted by a weak GPS signal, the device's own location service inaccuracies, or battery optimization settings on the device that may limit or disable the App's background functionality. We are not responsible for these external factors.

3. Do I have to create an account?

Yup. And you’re responsible for it.

To use the core functionality of the Service, you need to set up an account within the App. You are solely responsible for all activity on your account, including use by any person with or without your authorization. You may not sell or trade your account to any other person. You agree to notify us immediately of any unauthorized use of your account, email address, or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password.

4. How old do I have to be?

16 or older.

The HeyPolo Service is not intended for users under the age of 16. Such users are expressly prohibited from creating an account or submitting any information to us. By creating an account, you represent and warrant that you are 16 years of age or older. It is your responsibility to get consent from any person you add to your account.

5. Is the Service Free?

The Service is free to use for now, but we may introduce paid features or subscriptions in the future.

The HeyPolo Service is currently provided to you free of charge. You can create an account and use the features available without payment.

We reserve the right to introduce fees for certain features or for the Service as a whole in the future. Should we decide to introduce any fees, we will communicate these changes to you in advance. You will not be charged automatically. You will have the opportunity to review and accept the fees before being charged, and if you do not agree, you can choose to stop using the paid features or terminate your account.

6. What activities are prohibited?

Don’t do anything that can get you in trouble. Please.

By using our Service, you shall not:

- Use the Service for any illegal purpose, such as stalking, harassing, abusing, or threatening others.
- Monitor any person without their express and informed consent.
- Copy, resell, redistribute, or use the Service for commercial purposes.
- Attempt to reverse engineer, decompile, or access our source code.
- Use bots, spiders, or other automated systems to overload our servers.
- Upload viruses, worms, or other malicious code.
- Impersonate someone else, misrepresent your identity, or provide false information.
- Interfere with the proper working of our Service or bypass our security measures.
- Take any action that results in an unreasonable load on our infrastructure.
- Otherwise infringe or circumvent these Terms or the intended functionality of the App.

Our Service may be subject to U.S. and European Union export and re-export control laws and regulations. You warrant that you are not located in any country to which the EU, U.S., or other relevant jurisdiction has applied economic sanctions, and that you are not listed on any list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations.

We reserve the right to suspend or terminate your account without notice if we reasonably believe you have breached these Terms, or to comply with a legal requirement or court order. In less severe cases, we may provide you with a warning first.

7. How do I comply with intellectual property laws?

All the stuff in our app belongs to HeyPolo. Let’s keep it that way.

To access and use the core functionality of the Service, you are required to download and install our App on a device. Subject to these Terms, we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable license to download, install, and use a copy of the App on a compatible device that you own or control.

The App is licensed, not sold, and you receive no title to or ownership of it. We retain all right, title, and interest in and to the Service, including the App and Website, and any portion thereof. You are forbidden from using trademarks, trade names, or symbols that are identical or confusingly similar to any trademarks owned by HeyPolo and/or its affiliated companies.

You hereby grant us a perpetual, irrevocable, worldwide license to use any feedback, recommendation, idea, or other input you communicate to us related to the Service, without reimbursement, compensation, or any other restriction.

8. Service Availability and Third-Party Reliance

Our app depends on other services, and sometimes it might be unavailable.

We will make reasonable efforts to keep the Service operational. However, from time to time, we may need to perform maintenance, upgrades, or may experience technical issues that could result in temporary interruptions. We reserve the right to modify, suspend, or discontinue any feature or the Service as a whole at any time, with or without notice. We suggest updating your OS to get the best experience when using our Service.

The HeyPolo App and Website may contain links to other websites that are not maintained by us. We do not endorse and are not responsible for the content of any of those third-party websites. Further, our Service relies on various third-party services to function, including but not limited to mobile operating systems (iOS, Android), map providers, and cloud hosting services. We are not responsible for the performance, accuracy, or availability of these third-party services. Any interruption or failure of these underlying services may impact the functionality of HeyPolo, and we disclaim all liability for any such issues.

9. Disclaimers, Limitations on Liability, and Assumption of Risk

We try to make sure everything’s always error-free, but you use the Service at your own risk.

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. We cannot guarantee that the Service will be error-free. Actual service coverage, speeds, and quality may vary. Location data may not always be accurate or available.

The Service is an informational tool, not a foolproof safety system. It is not a substitute for responsible supervision. DO NOT rely on the Service in emergency or life-threatening situations.

You expressly agree that your use of the Service is at your sole risk. The Service is an informational tool only and is not intended to be a substitute for your own judgment or precautions. We do not guarantee that the Service will prevent injury, loss, or any other negative outcome. You agree that you are solely responsible for the safety and supervision of yourself and those in your group.

SURFSHARK B.V. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US (IF ANY) IN THE SIX MONTHS PRIOR TO THE CLAIM.

10. Indemnity

If something goes wrong, you agree not to hold us liable.

You agree to indemnify, defend, and hold harmless Surfshark B.V., its affiliates, officers, directors, and employees from any and all third-party claims, losses, or damages arising from your use of the Service or your violation of these Terms.

11. What governing law applies?

Our contract with you is governed by the laws of the State of Delaware, USA.

These Terms shall be construed in accordance with and governed by the laws of the State of Delaware, USA, without reference to their rules regarding conflicts of law. This will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

12. How are disputes resolved?

If you have an issue, let’s chat. But you have other options, too.

If you have any issues, please contact us first at team@heypolo.com. If we can't resolve the dispute informally, we both agree to bring any legal claims or disputes exclusively in the state or federal courts located in Wilmington, Delaware. By agreeing to these Terms, you consent to the personal jurisdiction of these courts.

13. How to Contact Us

We’re always happy to chat with you via email!

You can contact our customer support by sending an email to team@heypolo.com or by accessing the customer support section within our app, which will direct you to our support website for more information. For legal inquiries, please contact legal@heypolo.com.

Surfshark B.V. has appointed an exclusive point of contact for both users of our Service and the authorities for the purposes of the Digital Services Act (“DSA”). For inquiries regarding the DSA, please reach out to us at dsa@heypolo.com. We request that all submissions comply with the DSA's stipulations and are preferably made in English.

If you believe another user's activity is violating our Terms (for example, by monitoring someone without consent), you can report this to us by emailing our designated contact address. When we are notified of a potential violation, we will review the matter and may take action, such as suspending or terminating the account. We will inform the affected users of our decision, the reasons for it, and the options to appeal, where required by law. Users in the EU who disagree with our decision have the right to appeal through our internal system and may also select a certified out-of-court dispute settlement body to resolve the issue.

14. Other Legal Terms

The fine print that makes our lawyers happy.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of the Service and supersede all prior agreements and understandings, whether written or oral.

Assignment: We may assign or transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations. You may not assign or transfer your rights or obligations under these Terms to another person without our prior written consent.

Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

No Waiver: Our failure to enforce any provision of these Terms shall not be considered a waiver of our right to do so at a later time.

Language: While translations of these Terms may be provided, they may not be fully up-to-date. In case of any conflict between the English version and a translated version, the English version shall take precedence.

Force Majeure: We will not be liable for any failure or delay in performance of our obligations under these Terms arising out of any event or circumstance beyond our reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

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team@heypolo.com