HeroMode Terms of Service
Welcome to HeroMode! Thank you for using our products and services. HeroMode application ("Services") is provided by Ovisly LLC ("Ovisly"). By using our Services, you are agreeing to these terms of service ("Terms"), and certify that you are over the age of 13. If you do not agree to these terms, please do not use the Services. If you have any questions about these terms, you can contact us at heromode.support@ovisly.com.
Using our Services
You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. Don't misuse our Services. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Using our Services does not grant you ownership of any intellectual property rights in our Services or the content you may have access to. You may not use any copyrighted content in our Services unless you obtain permission from its owner and/or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.
Our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your HeroMode Account
You may need a HeroMode Account in order to use some of our Services. To protect your HeroMode Account, keep your password confidential. You are responsible for the activity that happens on or through your HeroMode Account.
Privacy Protection
Our privacy policies (https://heromodeapp.com/privacy) explain how we treat your personal data and protect your privacy when using our Services. By using our Services, you agree that HeroMode can use such data in accordance with our privacy policies.
Your Content in Our Services
Our services allow you to create, upload, download, send, receive, and store content, including but not limited to text and images. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, store, send, or receive content to or through our Services, you give us and our service partners a worldwide license to host, store, upload, and download this content only for the purpose of providing our Services to you and your use of the content.
Software in Our Services
When the Services require or include downloadable software, this software may update automatically on your device once a new version or feature becomes available to you. You may adjust your automatic update settings on some platforms.
Ovisly gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the HeroMode software provided to you by Ovisly as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Ovisly, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
Ovisly may add or remove functionalities or features to improve and/or update the Services. We may also stop our Services with at least thirty (30) days notice prior to the complete shutdown of our Services.
You can choose to stop using our Services at any time.
We may modify these terms or any additional terms that apply to the Services to, for example, reflect changes to the law or changes to our Services. You should review these Terms regularly. We'll post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functionalities of the Services, or changes made for legal reasons, will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Services. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
Premium Subscription Services and Payment
You may use our free Services or paid Services. Paid services, such as Full Hero (https://heromodeapp.com/pricing), automatically renew at the end of your billing period. You can upgrade from free Services to paid Services any time by navigating to your Account page (Hero → Manage Account). You can also downgrade from paid Services to free Services in your Account page at any time.
By purchasing the paid Services, such as Full Hero, you expressively understand and agree to our refund policy. For any customer who purchased our paid Services in Apple Inc's App Store, please contact Apple Inc.'s Customer Support at https://reportaproblem.apple.com/. Apple Inc's App Store does not allow developers to issue refund for App Store purchases made by customers.
Business Uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Ovisly and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OVISLY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limits to Liability
We work hard to provide the best products we can and to specify clear guidelines for everyone who uses them. However, THE SERVICE IS PROVIDED "AS IS".
WE CANNOT PREDICT WHEN ISSUES MIGHT ARISE WITH OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE "AS IS". ACCORDINGLY, WHEN PERMITTED BY LAW, OVISLY AND ITS SERVICE PARTNERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE HEROMODE APPLICATION. YOUR USE AND/OR PURCHASE OF THE SERVICES ARE AT YOUR SOLE RISK.
About these Terms
These terms control the relationship between Ovisly and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. If you have any questions regarding these terms, you can contact us any time at heromode.support@ovisly.com.
Last updated: July 20, 2022