Effective date: Jan 27 2020

 

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with https://heropost-1-465bec.ingress-earth.ewp.live website as well as, https://dashboard.heropost.io/ website, https://app.heropost.io/ website, https://link.heropost.io/ website, https://www.heropost.ai/ website (the “Service”) operated by Heropost Media Ltd. (“us”, “we”, or “our”).

Please read these Terms of Service carefully before using our website Heropost.io (the “Service”).

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

By using our Services, you confirm that:

1. You will only use our Services for business and professional reasons;
2. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
3. You accept and will comply with this Agreement;
4. If you are using our Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
5. You are responsible for anyone that uses our Services through your account, such as your employees, consultants or contractors (“Authorized Users”).

 

Heropost Terminology

1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.

“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Services.

“Customer Content” is Content that you or your Authorized Users provide to us, or upload to our Services.

“Mentions” are the Content that a third party (in other words, someone other than you, your Authorized Users or Heropost) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Services. For example, posts created by your followers that appear on your Facebook page would be considered Mentions.

“Services” means our websites, such as heropost.io (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications or Third-Party Services (see below for how we define those) that you access or use in connection with our services.

“Third-Party Services” are services that are not provided by Heropost but that you may access or use in connection with our Services. They include the “Social Networks”, which are the social networking sites supported by our Services (such as Twitter, Facebook, LinkedIn and Instagram)

“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Services. For the avoidance of doubt, if you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Services on behalf of.

Heropost’s Services

Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Services in the way set out in the plan you subscribed to. You may not use or access the Services in any other way, such as using robots, spiders, crawlers and scraping technologies.

Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Serve Services.

Our Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Heropost in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.

 

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Heropost cancels it. You may cancel your Subscription renewal either through your online Billing management page or by contacting Heropost’s customer support team.

A valid payment method, including credit or debit card, is required to process the payment for your Subscription. You shall provide Heropost with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Heropost to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Heropost will automatically retry failed payments, and if automatic retries fail Heropost will issue an invoice of owed charges to be paid within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice

Free Trial

Heropost Media Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Heropost Media Ltd. until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Heropost Media Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

Heropost Media Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Heropost Media Ltd. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Payment Terms, Trials and Renewal

 

Fees and Trials. You must pay all fees for the Serve Services you purchase. If you sign up for a free trial of a paid Serve Service, we require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel and uninstall any paid apps before the end of the free-trial period.

Paid Services. These  apply to your purchase of any paid Services.

Auto-Renewal of Services. Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you choose when you purchased our Services), and we will automatically bill you on renewal unless you cancel or downgrade our Services under Section 23 below.

 

Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.

 

Cancellation and Termination of Services

 

You may cancel or downgrade your Services plan at any time by following the steps outlined below.

If you cancel (or downgrade) paid Services you are not entitled to a refund.

Certain refund requests for Subscriptions within 3 days may be considered by Heropost on a case-by-case basis and granted in sole discretion of Heropost.

We may refuse to provide service (including the Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Services under this section for no reason, we will refund you for the Services you have not yet received.

 

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting, uploading or otherwise submitting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, upload or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of Heropost Media Ltd. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Heropost Media Ltd. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links To Other Websites

The Service may contain links to third-party web sites or services that are not owned or controlled by Heropost Media Ltd..

Heropost Media Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Heropost Media Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Links and usage of other Services

Our Service is integrated with and links to other services (“Linked Services”).
The integration has been provided for Users’ convenience and, as such, Users access the Linked Services at their own risk. The Linked Services are not under Heropost’s control, and Heropost is not responsible for the contents of any Linked Services. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Heropost. Without limiting the generality of the foregoing, the Heropost is not responsible and shall have no liability for any viruses or other illicit code that results from accessing the Linked Services.
Collaborators acknowledge and agree that the functionality of the Linked Services depends on the Customer assigning Users access to the Service. As long as Users utilize Heropost’s Service and its Linked Services, Users acknowledge and agree that Heropost shall have access to, and a license to use the content of such Linked Services.
Users acknowledge and agree that they are simultaneously bound by each Linked Service’s terms and policies, which may specify rules and restrictions for posting certain content, and the Linked Services’ practices for using, storing, and facilitating the exercise of certain rights in respect to personal information. Users further acknowledge and agree that they are solely responsible for reviewing and accepting Linked Services’ terms and any liability that arises from or in relation to its breach of any such terms. The terms of each Linked Service, which only apply to the extent a User links or otherwise uses the Linked Service, can be accessed through the following links:

• Facebook
• Twitter
• Instagram
• LinkedIn
• Google My Business
• YouTube
• Discord
• Pinterest
• Telegram
• Tumblr
• Reddit
• Vk
• Dailymotion
• Tiktok
• Ok

With Linked Services for third-party integration, Users may be asked to verify credentials in the future. It is the Users’ sole responsibility to track, refresh, and monitor credentials. Please see the Company’s Privacy Policy for more information about how Users can alter the security settings for these Linked Services.
Users acknowledge and agree that Linked Services may add, remove, bifurcate, and otherwise modify features of their third-party services (“Modifications”). The Company is not responsible and shall have no liability for disturbances of our Service caused by Modifications to Linked Services.

Revoking API access

To revoke Heropost’s access to your YouTube Data, please visit your Google Account Security Settings Page and remove Heropost from your allowed Apps

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless Heropost Media Ltd., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Heropost Media Ltd., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

Heropost Media Ltd. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Heropost Media Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and Heropost Media Ltd. chooses not to immediately act, or chooses not to act at all, Heropost Media Ltd. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Heropost Media Ltd. does not waive any of its rights. Heropost Media Ltd. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us at https://heropost.io/contact-us/ and send us a message