Welcome to HERO. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the HERO mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms.
1. Acceptance of Terms
By registering, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Changes to Terms
We may revise these Terms from time to time. The most current version will always be posted on our website and in the app. If a revision, in our discretion, is material, we will notify you via the app or by email. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms.
3. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age
- You have the right, authority, and capacity to agree to and abide by these Terms
- You will use the Service in accordance with these Terms and all applicable laws
4. Account Registration
To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
5. Subscriptions and Billing
5.1. Free Version. HERO offers a free version of the Service with limited features.
5.2. Pro Subscription. HERO offers a premium subscription ("Pro") that provides access to additional features. The subscription fee will be charged to your payment method on a recurring basis.
5.3. Automatic Renewal. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge your payment method for the subscription fee.
5.4. Cancellation. You may cancel your subscription at any time through the app's account settings or by contacting us. Cancellation will be effective at the end of the current billing period.
5.5. No Refunds. Fees paid for subscriptions are non-refundable except as required by law or as explicitly stated in these Terms.
6. User Content
6.1. Content Ownership. You retain all ownership rights in the content you create through the Service ("User Content"), including custom blind structures, tournament data, and notes.
6.2. License Grant. By submitting User Content, you grant HERO a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and improving the Service.
6.3. Responsibility for Content. You are solely responsible for your User Content and the consequences of posting or publishing it. We have the right, but not the obligation, to monitor and review User Content.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Impersonating any person or entity
- Interfering with or disrupting the Service or servers connected to the Service
- Attempting to reverse engineer, decompile, disassemble, or hack the Service
- Circumventing any technological measure implemented to protect the Service
- Using the Service to transmit any material that is unlawful, harmful, threatening, abusive, or otherwise objectionable
- Collecting or harvesting any personally identifiable information from the Service
- Using the Service for any commercial purpose without our prior written consent
- Encouraging or enabling any other individual to do any of the foregoing
8. Intellectual Property
8.1. HERO Property. The Service and all content, features, and functionality thereof (including but not limited to software, text, graphics, logos, icons, and images) are owned by HERO or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
8.2. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HERO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT WILL HERO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11. Indemnification
You agree to defend, indemnify, and hold harmless HERO, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
12. Governing Law and Jurisdiction
These Terms and your use of the Service will be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Termination
We may terminate or suspend your access to all or part of the Service, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions shall not be affected.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and HERO regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: terms@heroapp.com