Terms of Service

Effective February 1, 2023

These Terms of Service (this "Agreement") are a binding contract between you and CloudHero.ai. ("Cloud Hero," "we," or "us"). This Agreement governs your access to and use of the Services.

THIS AGREEMENT TAKES EFFECT WHEN YOU ACCESS OR USE THE SERVICES (THE "EFFECTIVE DATE"). BY ACCESSING OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

Eligibility. This is a contract between you and CloudHero.ai. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with CloudHero.ai, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 years old (or under 16 years old in Europe) is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by CloudHero.ai.

(b) Provision of Access. Subject to and conditioned on your payment of Fees and compliance with all the terms and conditions of this Agreement, CloudHero.ai hereby grants you a revocable, non-exclusive, non-transferable, sub licensable, limited right to access and use the Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. CloudHero.ai shall provide you the necessary passwords and access credentials to allow you to access the Services.

(c) Documentation License. Subject to the terms and conditions contained in this Agreement, CloudHero.ai hereby grants you a non-exclusive, non-licensable, non-transferable license for Authorized Users to use the Documentation during the Term solely for your internal business purposes in connection with use of the Services.

(d) Accounts. Your Customer Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain other User Accounts. If you open a Customer Account on behalf of a company, organization, or other entity, then “you” includes you and that entity. By connecting to CloudHero.ai with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use other Users' User Accounts without permission. When creating your Customer Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Customer Account, and you must keep your Customer Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Customer Account. You must notify CloudHero.ai immediately of any breach of security or unauthorized use of your Customer Account. CloudHero.ai will not be liable for any losses caused by any authorized or unauthorized use of your Customer Account.

You may control your Customer Account profile and how you interact with the Services by changing the settings in your settings page. By providing CloudHero.ai your email address you consent to using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

(e) Use Restrictions. You shall not, and shall not permit any Authorized Users to engage in any of the following prohibited activities: (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping

CloudHero.ai Property. We do not claim any ownership rights over Customer Content created by you. The Customer Content you create remains yours. However, you understand that some parts of the Services may allow other Users to view, edit, share, and/or interact with your Customer Content. By sharing Customer Content through the Services, you agree to let others view, edit, share, and/or interact with your Customer Content according to your settings and this Agreement. CloudHero.ai has the right, but not the obligation, to remove any Customer Content that is shared via the Services at its sole discretion.

For all B2B solutions we keep all data internal between your company and our private cloud set up infrastructure.

In connection with your Customer Content, you affirm, represent, warrant, and covenant the following:

• You have written consent from each and every identifiable person in the Customer Content, if any, to use their name or likeness as intended by the Services and this Agreement, and each person has released you from any liability that may arise from such use.
• You are solely responsible for obtaining all consents required by law to post any Customer Content relating to third parties.
• Your Customer Content and CloudHero.ai's use of it, as intended by this Agreement and the Services, will not violate any law or infringe any rights of any third party, including but not limited to Intellectual Property Rights and privacy rights.

You will not post: nudity or sexually suggestive content; hate speech, credible threats, or direct attacks on an individual or group; content that promotes self-harm or excessive violence; fake or impostor profiles; content for electoral campaigns; content that encourages violence, terrorism, or other serious harm; illegal content or content for illegal activities; malicious programs or code; any person's personal information without their consent; and/or spam, machine-generated content, or bulk unsolicited messages.

CloudHero.ai takes no responsibility and assumes no liability for any Customer Content that you or any other User or third-party posts, sends, or makes available over the Services. You are solely responsible for your Customer Content and the consequences of posting, publishing, sharing, or making it available on the Services, and you agree that CloudHero.ai is only acting as a passive conduit for your online distribution and publication of your Customer Content. You understand and agree that you may be exposed to Customer Content that is inaccurate, inappropriate, or unsuited to your purpose, and you agree that CloudHero.ai shall not be liable for any damages you claim to incur as a result of or related to any Customer Content.

(b) CloudHero.ai Property. Except for your Customer Content, CloudHero.ai IP and all Intellectual Property Rights related to it, are the exclusive property of CloudHero.ai and its users, customers, and clients.

The services offered by Cloud Hero are provided on an "as is" and "as available" basis and the use of these services is entirely at your own risk. Cloud Hero, its subsidiaries, affiliates, and licensors do not provide any warranties, whether express or implied, regarding the services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any advice or information obtained from Cloud Hero or through the services does not create any warranty not stated in this agreement. Cloud Hero, its subsidiaries, affiliates, and licensors do not guarantee that the content is accurate, reliable, or correct, that the services will meet your requirements, that they will be available at any particular time or location, uninterrupted, or secure, that any defects or errors will be corrected, or that the services are free of viruses or other harmful components. You are solely responsible for any liability arising from downloading or using the services and any damage to your computer system or mobile device or loss of data that results from such use.

Cloud Hero is not responsible for any product or service advertised or offered by a third party through the services or any hyperlinked website or service, and will not be a party to or in any way monitor any transactions between you and third-party providers of products or services.

In certain jurisdictions, the exclusion and limitations of certain implied warranties may not be allowed by law. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

In the event that you are found to have breached any term of this agreement, including but not limited to representations and warranties, or violated any third-party right, law, rule, or regulation, or engaged in any other party's access and use of the services with your unique username, password, or other appropriate security code, you are required to defend, indemnify and hold harmless Cloud Hero, its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses, including but not limited to attorney's fees, arising from the aforementioned breaches.

To the fullest extent allowed by law, Cloud Hero will not be held responsible under this agreement or in connection with it under any legal or equitable theory, including contract breach, negligence, strict liability, or any other reason for any: (a) indirect, incidental, special, exemplary, increased, or punitive damages; (b) increased costs, reduction in value, lost business, production, revenue, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay, or recovery of any data, or data security breach; or (e) cost of replacing goods or services, in each case regardless of whether Cloud Hero was aware of the possibility of such losses or damages or if such losses or damages were otherwise foreseeable. Under no circumstances will Cloud Hero be responsible for any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to the services or your account or the information contained within.

To the fullest extent allowed by law, Cloud Hero assumes no responsibility or liability for: (I) errors, mistakes, or inaccuracies in content; (II) personal injury or property damage of any kind resulting from your access to or use of the services; (III) unauthorized access to or use of our secure servers and/or any personal information stored there; (IV) any interruption or cessation of transmission to or from the services; (V) any bugs, viruses, Trojan horses, or similar issues transmitted to or through the services by any third party; (VI) any errors or omissions in any content or for any loss or damage incurred as a result of using any content posted, emailed, transmitted, or made available through the services; and/or (VII) customer content or defamatory, offensive, or illegal conduct of any third party.

Contact [email protected] for questions regarding this Agreement