Terms of service | Hero Marketer

1. Agreement to Terms

These Terms of Service ("Terms") are a contract between you and John Selvinraj, a sole proprietorship based in Coimbatore, Tamil Nadu, India, trading as Hero Marketer ("we," "our," or "us"). By using our website at www.heromarketer.io or our platform at app.heromarketer.io, you agree to these Terms. If you do not agree, please do not use the service.

2. Description of Service

Hero Marketer is an AI powered ad management platform for Google Ads, LinkedIn Ads, and Meta Ads. We help businesses run and optimize their Google Ads campaigns. Our features today include:

• Hero AI, a Google Ads copilot that diagnoses performance and recommends changes, and applies a change only after you approve it
• Google Search campaign creation, keyword research, and ad copy
• Landing page drafts
• Daily account monitoring and alerts
• Optional automations that act by themselves once you switch them on, with a revert for every change
• Dashboards and reports
• Google Ads API integration

Features may change over time as we improve the product. If we add or remove a major feature, we will reflect that in this document or in the product itself.

3. Account Registration

3.1 Account Creation

To use Hero Marketer, you must:

• Create an account with valid information
• Be at least 18 years old
• Have authority to bind your business to these Terms, if you are signing up on behalf of one
• Keep your account information accurate and up to date

3.2 Google Ads Integration

To use the Google Ads features, you must:

• Have a valid Google Ads account
• Grant access to that account through Google OAuth
• Comply with the Google Ads Terms of Service and the Google API Services User Data Policy
• Keep the underlying Google account in good standing

3.3 LinkedIn and Meta Integrations

To use the LinkedIn or Meta features, you must:

• Have a valid ad account on that platform and permission to manage it
• Grant access to that account through the platform's own sign in
• Comply with the LinkedIn Ads Agreement and Advertising Policies, or Meta's Terms, Advertising Standards, and Commercial Terms
• Keep the underlying account in good standing

We are not responsible for changes a platform makes to its API, access rules, or policies, or for a platform suspending your ad account.

3.4 Account Security

You are responsible for:

• Keeping your sign-in confidential: the login for the Google account you sign in with, or the mailbox that receives your sign-in codes
• All activity that happens under your account
• Telling us promptly if you suspect someone else has accessed your account
• Keeping that Google account or mailbox secure, for example with 2-Step Verification

4. Credits and Payments

4.1 Pricing

• Hero Marketer is sold as pay as you go credits, at the prices shown on our pricing page at the time of purchase. There are no plans and no monthly fee.
• Prices are in US dollars and include any applicable sales tax or VAT. Paddle, our merchant of record, calculates the tax portion from your billing address and shows it on your invoice.
• Credits are bought in packs and paid for in advance. They are spent on the AI work you run and on the daily rate for alerts and automations while those are switched on. PDF exports are free, but need a credit balance above zero. Credits do not expire.

4.2 Payment Terms

• Payments are processed by Paddle, who acts as our merchant of record. Paddle handles checkout, invoicing, tax, refund execution, and chargebacks.
• When you buy credits, you authorize Paddle to charge your payment method for that purchase.
• Auto top up is optional. It works through a yearly credit subscription with Paddle, and every charge it makes buys credits that are added to your balance.
• If you switch on auto top up, you authorize Paddle to charge your payment method for one credit pack when you switch it on and once a year after that. You also authorize a charge each time your balance drops below your auto top up threshold, for the amount shown in Settings, then Billing.
• You can turn off auto top up at any time in Settings, then Billing. This cancels the yearly credit subscription immediately, and no further charge is taken. Credits you have already bought stay in your balance.
• If a payment fails, we may suspend your access until the issue is resolved.
• For billing disputes, you can contact us at [email protected]. Some disputes may also need to go through Paddle's own process.

4.3 Refunds

Refund eligibility is described in our Cancellation & Refund Policy.

4.4 Changes to Pricing

We may change our pricing in the future. If we do:

• New pricing takes effect immediately for new customers

5. Service Usage and Limitations

5.1 Acceptable Use

When using Hero Marketer, you agree not to:

• Break any applicable law
• Infringe anyone else's intellectual property rights
• Use the platform to run ads that violate Google's advertising policies
• Try to interfere with, reverse engineer, or disrupt the service
• Bypass credit charges or usage limits
• Share account access with people outside your business

5.2 API Usage

• Your use of the Google Ads features is subject to Google's API quotas and policies.
• Fair use limits may apply to AI features so the platform stays available for everyone.
• We may rate limit requests if we detect abuse.

5.3 Service Availability

We work hard to keep Hero Marketer available, and if there is an outage we move quickly to restore the service. That said, we do not promise a specific uptime number, and we may occasionally need to take the service offline for maintenance. We will give notice for planned maintenance where we reasonably can.

6. Data and Privacy

Our Privacy Policy explains what data we collect, how we use it, and the third party services involved (including Paddle for payments, and the AI providers we use to power our features). By using Hero Marketer, you agree to that policy.

Saved reports and named dashboards you create are visible to other Hero Marketer users who connect the same Google Ads account, and they can open and duplicate them.

7. Intellectual Property

7.1 Our Rights

We own or license all rights to:

• The Hero Marketer platform and underlying software
• The algorithms, prompts, and workflows we build on top of third party AI services
• Our documentation and marketing content
• The Hero Marketer name, logo, and other branding

7.2 Your Rights

You keep ownership of:

• Your account information
• Your campaign content, ad copy, and creative inputs
• Your settings and configurations
• The reports we generate for you

You grant us a limited license to use this content only to operate Hero Marketer for you. We do not train our own AI models on your content.

8. Termination

8.1 Your Right to Close Your Account

You can close your account at any time by emailing [email protected]. To stop charges without closing your account, turn off every alert type (Settings, then Alerts) and every automation (Settings, then Automations), and turn off auto top up (Settings, then Billing). To stop the daily rate for one account only, disconnect it (Settings, then Connections). The steps are in our Cancellation & Refund Policy.

8.2 Our Right to Suspend or Terminate

We may suspend or close your account if:

• You break these Terms
• A payment fails and is not corrected in a reasonable time
• We see fraudulent activity on the account
• You use the platform in a way that damages it for other users

Where possible, we will try to reach out before taking action so you can fix the issue.

8.3 Effect of Termination

• Your access to the platform, and to any credits left in your balance, ends when the account is closed or terminated. Auto top up is turned off at the same time, and no further charge is taken.
• Account data may remain in our systems for up to 30 days so we can restore it if you change your mind. See the Privacy Policy for details, and write to [email protected] if you want an export or earlier deletion.
• Refunds, if any, are handled under our Cancellation & Refund Policy.
• Any amounts owed to us at the time of termination remain payable.

9. Warranties and Disclaimers

9.1 Service Warranty

We confirm that:

• The service will perform substantially as described on our website and in our documentation
• We have the rights we need to offer the service to you
• We follow the laws that apply to us

9.2 Disclaimers

• We do not guarantee any specific ad performance, return on ad spend, or business outcome. Results depend on many factors outside our control, including your offer, your audience, and Google's auction.
• AI generated copy and recommendations are suggestions. You are responsible for reviewing them before they go live.
• The service is provided "as is" and "as available" beyond the warranty above.
• We do not warrant that the service will be uninterrupted or error free.

10. Limitation of Liability

10.1 Liability Cap

To the extent allowed by law, our total liability to you for any claim related to these Terms or the service is limited to:

• Direct damages only
• The amount you paid to Hero Marketer in the 12 months before the claim arose

We are not liable for indirect, consequential, incidental, special, or punitive damages, or for lost profits, lost ad revenue, or lost data.

10.2 Exclusions

These limits do not apply to:

• Willful misconduct
• Gross negligence
• Liability that cannot be limited under applicable law

11. Indemnification

You agree to defend and indemnify us against any third party claim that arises from:

• Your use of the service
• Content or instructions you provide
• Your breach of these Terms
• Your infringement of someone else's rights

12. Changes to Terms

• We may update these Terms from time to time.
• If you keep using the service after a change takes effect, you accept the updated Terms.
• If you do not accept the changes, you can close your account before they take effect.

13. Governing Law

These Terms are governed by the laws of India, without regard to its conflict of laws rules. Subject to Section 14 (Dispute Resolution), the courts of Coimbatore, Tamil Nadu, India have exclusive jurisdiction over any matter arising out of or related to these Terms.

14. Dispute Resolution

14.1 Talk to Us First

Before starting any formal proceedings, please write to us at [email protected] with a description of the issue. We will try in good faith to resolve it. Most issues can be sorted out within 30 days this way.

14.2 Arbitration

• If we cannot resolve the issue informally, you and we agree to settle it through binding arbitration in Coimbatore, Tamil Nadu, India, under the Arbitration and Conciliation Act, 1996.
• Arbitration will be on an individual basis. Class actions and class arbitrations are not allowed.
• Either party may still seek urgent injunctive relief from a court of competent jurisdiction.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Cancellation & Refund Policy, are the full agreement between you and us about the service. They replace any earlier agreements on the same subject.

15.2 Severability

If any part of these Terms is found to be invalid or unenforceable, the rest will stay in force, and the invalid part will be read in the narrowest way that still gives effect to the parties' intent.

15.3 Assignment

You may not assign these Terms without our written consent. We may assign them to a successor in the case of a sale, merger, or other business transfer. These Terms bind the parties' successors.

15.4 Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, such as:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions
• Major internet, hosting, or third party API outages
• Other events beyond our control

16. Contact Information

For legal notices and questions about these Terms:

• Legal entity: John Selvinraj (sole proprietorship), trading as Hero Marketer
• Address: TVH Vista Heights, Coimbatore, Tamil Nadu, India 641005
• Email: [email protected]