Last updated: December 24, 2024
1. Agreement to Terms
By accessing and using HeroMarketer’s website (www.heromarketer.io) and services, you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access our services.
2. Description of Service
HeroMarketer is an AI-powered Google Ads management platform that helps businesses optimize their advertising campaigns. Our services include:
- Automated campaign management
- Performance optimization
- Budget allocation
- Analytics and reporting
- Integration with Google Ads API
3. Account Registration
3.1 Account Creation
To use HeroMarketer, you must:
- Create an account with valid information
- Be at least 18 years old
- Have authority to bind your organization to these Terms
- Maintain accurate and up-to-date account information
3.2 Google Ads Integration
You must:
- Have a valid Google Ads account
- Grant necessary permissions through OAuth2
- Comply with Google Ads API Terms of Service
- Maintain appropriate access credentials
3.3 Account Security
You are responsible for:
- Maintaining account confidentiality
- All activities under your account
- Notifying us of unauthorized access
- Ensuring secure password practices
4. Subscription and Payments
4.1 Pricing
- Subscription fees are based on your selected plan
- All fees are exclusive of taxes
- Fees are non-refundable except as required by law
4.2 Payment Terms
- Payments are due in advance
- Automatic renewal unless cancelled
- Valid payment method required
- Failed payments may result in service suspension
4.3 Changes to Pricing
We reserve the right to modify pricing with:
- 30 days notice for existing subscribers
- Immediate effect for new subscribers
5. Service Usage and Limitations
5.1 Acceptable Use
You agree not to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Interfere with service operation
- Circumvent any service limitations
- Share account access with unauthorized users
5.2 API Usage
- Subject to Google Ads API quotas and limitations
- Fair usage policies apply
- Rate limiting may be implemented
5.3 Service Availability
- We strive for 99.9% uptime
- Scheduled maintenance with advance notice
- No guarantee of uninterrupted service
6. Data and Privacy
6.1 Data Collection
We collect and process:
- Account information
- Google Ads data
- Usage statistics
- Performance metrics
6.2 Data Usage
We use collected data to:
- Provide and improve services
- Generate analytics
- Optimize campaigns
- Comply with legal requirements
6.3 Data Security
We implement:
- Industry-standard security measures
- Encrypted data transmission
- Secure data storage
- Access controls
7. Intellectual Property
7.1 Our Rights
We retain all rights to:
- Platform software
- Algorithms and models
- Documentation
- Branding and trademarks
7.2 Your Rights
You retain ownership of:
- Your account data
- Campaign content
- Custom configurations
- Generated reports
8. Termination
8.1 Your Right to Terminate
You may cancel your subscription:
- Through account settings
- With written notice
- Subject to current billing cycle
8.2 Our Right to Terminate
We may suspend or terminate service for:
- Terms violation
- Non-payment
- Fraudulent activity
- System abuse
8.3 Effect of Termination
Upon termination:
- Access rights cease
- Data may be deleted after 30 days
- No refunds for current billing period
- You remain liable for outstanding charges
9. Warranties and Disclaimers
9.1 Service Warranty
We warrant that:
- Services will perform substantially as described
- We have necessary rights to provide services
- We comply with applicable laws
9.2 Disclaimers
- No guarantee of specific results
- Services provided “as is”
- No warranty of uninterrupted service
- Campaign performance depends on multiple factors
10. Limitation of Liability
10.1 Liability Caps
Our liability is limited to:
- Direct damages only
- Amount paid in prior 12 months
- Exclusion of consequential damages
- Statutory limitations apply
10.2 Exclusions
Liability limitations don’t apply to:
- Willful misconduct
- Gross negligence
- Statutory requirements
11. Indemnification
You agree to indemnify us against claims arising from:
- Your use of services
- Content you provide
- Terms violation
- Third-party rights infringement
12. Changes to Terms
We may modify these Terms:
- With 30 days notice
- By posting updated version
- Continued use implies acceptance
- Material changes require explicit consent
13. Governing Law
These Terms are governed by:
- Laws of [Jurisdiction]
- Exclusive jurisdiction of local courts
- Without regard to conflicts of law
14. Dispute Resolution
14.1 Initial Resolution
- Good faith negotiations
- Written notice required
- 30-day resolution period
14.2 Arbitration
If negotiation fails:
- Binding arbitration
- Individual basis only
- No class actions
- [Arbitration venue]
15. General Provisions
15.1 Entire Agreement
- Supersedes prior agreements
- Complete understanding
- No other representations
15.2 Severability
- Invalid provisions severable
- Remaining terms intact
- Court modification permitted
15.3 Assignment
- No assignment without consent
- Exceptions for corporate restructuring
- Binding on successors
15.4 Force Majeure
Not liable for failures due to:
- Natural disasters
- War or terrorism
- Government actions
- Infrastructure failures
- Other events beyond control
16. Contact Information
For legal notices:
- Email: [email protected]
- Address: TVH Vista Heights, Coimbatore, Tamilnadu, India – 641005
- Support: [email protected]