Hero.link Terms of Service
These general conditions came into force on July 03, 2019. By connecting to the Hero.link solution operated by Hero.link LTD, you unreservedly accept all of our terms and conditions below.
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and OBY SAS, operating the product Hero.link, located at 2599 Michigan Ave Lansing, Michigan 56821 (Hero.link LTD, we, us, the company), concerning your access to and use of the Hero.link (https://hero.link) website as well as any related applications (the Site).
They are particularly accessible and printable at any time by a direct link at the bottom of the site's home page.
The Site provides the following services: online smart retargeting URLs Shortener (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
They may be supplemented, where appropriate, by special conditions of use for certain Services. In case of contradiction, the special conditions take precedence over these general conditions.
1.2 The supplemental policies set out in Section 1.5 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Additional policies which also apply to your use of the Site include:
• Our Privacy Notice https://Hero.link/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
• Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply https://hero.link/pricing.
1.6 Access to the website and Services: services are available, subject to restrictions on the website:
• to any natural person with full legal capacity to engage under these terms and conditions.
• a natural person who does not have full legal capacity can only access the Site and Services with the consent of his legal representative and/or to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.
2. Acceptance of general conditions
Acceptance of these terms and conditions is indicated in the registration / Sign up form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.
3. Registration on the website
3.1 The use of Services site that the user becomes visible on the site, using the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated. The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), Giving him access to a personal space (hereinafter: "Personal space") Which allows him to manage his use of the Services in a form and according to the technical means that Hero.link judge the most appropriate to render such Services.
3.2 The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.
3.3 He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria
3.4 The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.
3.5 The User can access his Personal Space at any time after identifying himself with his login and password. The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
3.6 He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Hero.link at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes Hero.link's right to take all appropriate measures in such cases.
4. Paid services
The Services are provided for a monthly paid amount defined in Pricing page.
4.1 The price of services is indicating on the site. Unless otherwise noted, they are expressed in euros and excluding French taxes. Hero.link reserves the right, at its discretion and according to the terms of which it will be the sole judge, to propose promotional offers or price reductions.
4.2 The price of Services may be subject to revision by Hero.link at any time, at its free discretion. The User will be informed of these changes by Hero.link by email under 15 days’ notice at least before the entry into force of the new pricing. The User who does not accept the new prizes must terminate his use of the Services in accordance with the m modalities provided for in article 18. Otherwise, it will be deemed to have accepted the new rates.
4.3 The Services are the subject of invoices which are communicated to the User by any useful means.
4.4 Terms of payment for the price of the Services are described on the site. Payment is made by direct debit from the credit card number of the User. Payment can be made online by credit card, through the secure online payment service indicated on the Site: Stripe
The levy is implemented by the payment provider designated on the site, which alone retains the bank details of the User for this purpose. Hero.link does not keep any bank details.
The User guarantees Hero.link that he has the necessary authorizations to use the payment method chosen. He undertakes to take the necessary measures so that the automatic withdrawal of the price of the Services can be made.
4.5 The User is informed and expressly agrees that any late payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice.
(i) the forfeiture of the term of all sums due by the User and their immediate payment;
(ii) the immediate suspension of the Services in progress until full payment of all the sums due by the User
(iii) billing for the benefit of Hero.link late payment interest at the rate of 20 per cent the legal interest rate, based on the amount of all the sums due by the User.
5. Obligations of the User
Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations:
5.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
5.2 The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of Hero.link will in no case be engaged in this respect.
5.3 The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.
5.4 The User is informed and agrees that the implementation of Services site whether connected to the internet and the quality of services depends directly on the connection, which he alone is responsible.
5.5 The User is also solely responsible for the relations that he may establish with the other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.
5.6 The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.
5.7 The User undertakes to provide Hero.link with all the information necessary for the proper execution of the Services. More generally, the User agrees to actively cooperate with Hero.link with a view to the proper execution of these presents.
The User is solely responsible for the contents and redirection made of any kind (redactional, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site) that it disseminates within the scope of the Services (hereinafter: the " contents").
It guarantees to Hero.link that it has all the rights and authorizations necessary for the diffusion of these Contents.
It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of Hero.link.
5.8 As a user of this Site, you agree not to:
• Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
• Use a buying agent or purchasing agent to make purchases on the Site
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services, or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Engage in unauthorized framing of or linking to the Site
• Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
• Attempt to impersonate another user or person, or use the username of another user
• Sell or otherwise transfer your profile
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Use the Site or our content as part of any effort to compete with us or to create a revenue- generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Attempt to access any portions of the Site that you are restricted from accessing
• Delete the copyright or other proprietary rights notice from any of the content
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Misrepresent experience, skills, or information about a User
• Advertise products or services not intended by us
• Create & Share phishing links, virus etc.
• Falsely imply a relationship with us or another company with whom you do not have a relationship
• It is strictly forbidden for users to copy and / or divert their goals or those of third concept, technology or any other element of the site Hero.link.
• Are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Hero.link's systems , (iii) any diversions of system resources from the site , (iv) ) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests Hero.link to or users of its site, and finally more generally (vii) any breach of these terms.
• It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.
5.9 The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.
5.10 The User is informed and agrees that the implementation of Services site whether connected to the internet and the quality of services depends directly on the connection, which he alone is responsible.
6. User's Warranty
The User warrants Hero.link against all complaints, claims, actions and / or any claims that Hero.link may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.
7. Prohibited behavior
7.1 It is strictly forbidden to use the Services for the following purposes:
• the performance of illegal, fraudulent or infringing activities or the rights of third parties,
• the breach of public order or the violation of the laws and regulations in force,
• the intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
• manipulations intended to improve the referencing of a third-party site,
• the assistance or inducement, in any form or manner, to one or more of the acts and activities described above,
• and more generally any practice diverting the Services for purposes other than those for which they were designed.
7.2 The User is forbidden to use Hero.link to create shortened URLs or URLs redirection to:
• Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content,
• Counterfeit Content,
• Attempted content in the image of a third party,
• False, misleading or proposing or promoting illegal, fraudulent or deceptive content,
• Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
● Phishing website, virus etc.
• and more generally Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
8. Penalties for breaches
In case of breach of any of the provisions of these terms and conditions or more generally, violation of laws and regulations in force by a User, Hero.link reserves the right to take any appropriate measure including:
(i) suspend or delete access to, or participation in, the Services of the User, the author of the breach or offense,
(ii) delete any content, URLs created, posted & created with the services,
(iii) publish on the site any information message that Hero.link deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
In the case where the Company has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including but not limited to cases where the Company has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at contact@Hero.link.
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason set out in this Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of any dispute as to the validity, interpretation and / or performance of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to try them, except in the case of contrary mandatory rules of procedure.
10. Links to other websites
Although this App may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, web app or mobile apps, unless specifically stated herein. Some of the links in the App may be “affiliate links”. This means if you click on the link and purchase an item, Hero.link LTD will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website, web app or mobile apps which you access through a link from this App. Your linking to any other off-site websites is at your own risk.
11. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Hero.link LTD, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Hero.link LTD has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Hero.link LTD and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to Hero.link LTD for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
12. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the App or Services at any time, effective upon posting of an updated version of this Agreement in the App. When we do, we will revise the updated date at the bottom of this page. Continued use of the App after any such changes shall constitute your consent to such changes.
User can cancel their subscription at anytime but no refunds will be issued. However, the subscription will remain active at its current level through the end of the billing period that it has been already paid for.
14. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the App or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the App and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to : contact@Hero.link