Terms of Service

Welcome to Hero Stuff. These Terms of Service ("Terms") are a legal agreement between you and Hero Stuff, Inc. ("Hero Stuff," "we," "us," or "our") and govern your access to and use of our websites, mobile applications, software, and related services (collectively, the "Service"). By creating an account or otherwise using the Service, you agree to these Terms and our Privacy Policy, which is incorporated by reference into these Terms.

1. Acceptance and Eligibility

By using the Service, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction), that you have the legal capacity to enter into this agreement, and that you are not barred from using the Service under applicable law.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity. If you lack such authority, you are personally responsible for obligations under these Terms.

We may update these Terms from time to time. We will provide notice of material changes by email or through the Service. Your continued use after the effective date of updated Terms constitutes acceptance.

2. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, share, and retain your information. By using the Service, you acknowledge that you have read and understood the Privacy Policy and consent to the collection and use of your information as described therein. The Privacy Policy is incorporated into and forms part of these Terms.

3. Accounts

You must provide accurate, current, and complete information when registering and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you. You must notify us promptly at support@herostuff.com if you suspect unauthorized access.

We may suspend, restrict, or terminate your account if we reasonably believe it has been compromised or is being used in violation of these Terms.

4. Third-Party Platforms and Services

The Service may interact with or connect to third-party platforms, services, and websites. We are not a party to any transactions you conduct on third-party platforms. We are not the seller, buyer, broker, carrier, or payment processor for those transactions.

Your use of third-party platforms is governed by their respective terms and policies. You are solely responsible for compliance with those terms. We are not responsible for any actions or outcomes on third-party platforms, including listing removal, account suspension, policy changes, outages, fees, disputes, returns, or chargebacks.

By connecting third-party accounts to the Service, you authorize us to access and use account permissions and credentials as necessary to provide the Service, and to act on your behalf in connection with those platforms, including formatting, submitting, and managing content. You are responsible for all content posted through your connected accounts. You may disconnect linked accounts through available settings, but disconnection may not retroactively affect content already published or operations already in progress.

References to third-party platforms are for interoperability purposes only and do not imply affiliation or endorsement.

5. Accuracy of Automated Outputs

The Service may generate automated outputs including item identification, descriptions, categorization, and pricing suggestions based on images, text, and other inputs. These outputs are estimates only and may be inaccurate, incomplete, outdated, or otherwise unsuitable.

You are solely responsible for verifying all information before use or publication, including item identity, condition, legality, and pricing. We do not authenticate items or determine whether any item is genuine, counterfeit, altered, stolen, or otherwise misrepresented. We do not provide appraisal, legal, tax, investment, or other professional advice. We do not guarantee listing acceptance, buyer demand, sale price, or transaction completion.

6. User Content and Licenses

"User Content" means any images, text, data, metadata, and other material you upload, submit, or publish through the Service.

You retain ownership of your User Content. By using the Service, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, create derivative works from, display, distribute, and otherwise use your User Content as necessary to operate, provide, maintain, and improve the Service and to perform safety, moderation, analytics, and quality functions.

You represent and warrant that you own or have sufficient rights to provide your User Content and grant the above license, and that your User Content does not violate any law or third-party rights, including intellectual property, privacy, and publicity rights.

If you delete content or close your account, we may retain User Content for a commercially reasonable period as necessary for legal compliance, security, fraud prevention, dispute resolution, backup integrity, and operational continuity, consistent with applicable law and our Privacy Policy. Following this period, your User Content will be deleted in accordance with our Privacy Policy.

7. User-to-User Interactions

You are solely responsible for your interactions with other users of the Service, whether on or off the Service. We are not responsible for the conduct, acts, or omissions of any user, and we disclaim all liability in connection with user-to-user interactions.

To the fullest extent permitted by law, you release Hero Stuff and its officers, directors, employees, affiliates, agents, and licensors from any claims, demands, damages, losses, and expenses of every kind arising out of or in any way connected with your interactions or disputes with other users.

If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

8. Prohibited Conduct

You agree not to:

• Violate any applicable law, regulation, or third-party platform policy.

• Submit or publish false, misleading, deceptive, or fraudulent content.

• Use the Service in connection with counterfeit, stolen, illegal, or prohibited goods.

• Infringe intellectual property, privacy, publicity, or other third-party rights.

• Upload sensitive personal information you do not have the right to process, including data about minors, in violation of applicable law.

• Scrape, crawl, harvest, or use unauthorized bots or automation against the Service.

• Attempt unauthorized access to the Service, interfere with security controls, or probe vulnerabilities.

• Reverse engineer, decompile, or disassemble the Service except where prohibited by applicable law.

• Evade enforcement actions, including through multiple accounts, credential sharing, or ban circumvention.

• Interfere with the integrity, performance, or availability of the Service.

• Promote, encourage, or engage in terrorism, violence, exploitation of children, or trafficking.

• Transmit viruses, malware, or other harmful code.

9. Subscriptions, Billing, and Cancellation

Certain features of the Service require a paid subscription. If you subscribe through a third-party app store provider, billing and payment processing are handled by that provider and governed by its terms.

We may offer free trials. Trial eligibility is limited, and we reserve the right to deny trial access where prior trial usage is detected.

Subscriptions renew automatically unless canceled before the renewal date in accordance with the applicable provider's requirements. You must manage and cancel subscriptions through your app store account settings or as otherwise specified in the Service.

Refund requests are generally handled through the applicable provider's refund process. Our ability to issue direct refunds may be limited by provider policies and applicable law.

We may change pricing prospectively, subject to applicable law and provider requirements.

10. Termination and Suspension

You may stop using the Service at any time and may request account deletion through available workflows.

We may suspend, limit, or terminate your access at our discretion for violations of these Terms, suspected fraud or abuse, legal risk, security concerns, or to protect users and the Service. We are not required to provide prior notice, though we will attempt to do so where practicable.

All provisions of these Terms that by their nature should survive termination will survive, including licenses, disclaimers, limitations of liability, indemnification, and dispute resolution.

11. Intellectual Property

We and our licensors own all rights in the Service, including software, design, trademarks, and related intellectual property, excluding User Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in compliance with these Terms. No other rights are granted except as expressly stated.

You may not use any output, data, or content generated by the Service to train, fine-tune, or otherwise develop any machine learning model, artificial intelligence system, or competing product or service without our prior written consent.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT AUTOMATED OUTPUTS WILL BE ACCURATE OR CURRENT, THAT INTEGRATIONS WITH THIRD-PARTY PLATFORMS WILL REMAIN AVAILABLE, OR THAT USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR COMMERCIAL OUTCOME.

Features designated as "beta," "preview," "experimental," or similar are provided without any warranty, may contain errors or defects, and may be modified or discontinued at any time without notice.

No oral or written information or advice provided by us or our representatives constitutes a warranty or professional advice of any kind.

The foregoing disclaimers survive any termination or expiration of these Terms.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50).

These limitations do not apply to liability that cannot be excluded or limited under applicable law. The foregoing limitations survive any termination or expiration of these Terms.

14. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, affiliates, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, your User Content, your violation of these Terms or applicable law, or your interactions or transactions with third parties.

We may assume exclusive control of the defense and settlement of any matter subject to indemnification, and you agree to cooperate with our defense. The indemnification obligations under this section survive any termination or expiration of these Terms.

15. Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

15.1 Scope. "Dispute" means any dispute, claim, or controversy between you and us arising out of or relating to the Service, these Terms, or any transaction involving you and us, whether based in contract, tort, statute, regulation, or any other legal or equitable theory, interpreted to be given the broadest meaning allowable under law. Disputes do not include claims for trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution; a court, not an arbitrator, may decide whether a claim falls within these exceptions.

15.2 Informal Resolution. Before initiating any formal proceedings, you must first send us a written notice describing the dispute, the relevant facts, and the relief sought ("Dispute Notice") by email to legal@herostuff.com. We will send any Dispute Notice to you at the email address associated with your account. The parties agree to attempt in good faith to resolve the dispute within sixty (60) days of receipt of a Dispute Notice before commencing arbitration.

15.3 Binding Arbitration. If a Dispute is not resolved informally, you and we agree to resolve it through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"), as modified by this section. The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of this section. In the event of a conflict between the AAA Rules and this section, this section governs.

ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL AND YOUR GROUNDS FOR APPEAL ARE LIMITED.

All Disputes will be resolved by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator has exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any claim is subject to arbitration. The arbitrator may award the same damages and relief as a court of competent jurisdiction, subject to the limitations set forth in Section 13 of these Terms.

15.4 Procedure and Location. You may elect to conduct arbitration hearings by telephone, video conference, or in person. In-person hearings will take place in a location reasonably accessible from your primary residence, or in Multnomah County, Oregon, at your option. The arbitrator will issue a written decision explaining the essential findings and conclusions.

15.5 Fees and Costs. For Disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. For Disputes involving more than $75,000, the AAA Rules govern payment of fees. In any arbitration you commence, we will not seek our attorneys' fees from you. We will seek reimbursement of AAA or arbitrator fees, or your filing fees that we reimbursed, only if the arbitrator finds the arbitration was frivolous or brought for an improper purpose.

15.6 Class Action and Representative Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING CLASS ACTIONS, CLASS ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES. If the prohibition against class or representative actions is found to be unenforceable, this entire arbitration section is null and void.

15.7 Small Claims Court. Notwithstanding the above, either party may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.

15.8 Time Limit on Claims. To the extent permitted by law, any Dispute must be filed within one (1) year after the claim first arose. If not filed within one year, the Dispute is permanently barred.

15.9 30-Day Opt-Out. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION, YOU MUST NOTIFY US BY EMAIL AT legal@herostuff.com WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS. Your opt-out notice must include your first name, last name, address, and account information, and must state: "I wish to opt out of the arbitration provision." If you timely opt out, all other provisions of these Terms remain in effect.

15.10 Amendments to This Section. If we make future changes to this dispute resolution section (other than a change of address), we will notify you and you will have thirty (30) days from the date of notice to opt out of the amendments. If you do not opt out, you will be deemed to have consented to the amendments. If you do opt out, the version of this section in effect when you first accepted these Terms (or last opted out of amendments) will continue to apply.

15.11 Governing Law and Venue. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. For any controversy excluded from arbitration or for which the arbitration section is found unenforceable, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and each party waives any objection based on inconvenient forum and any right to trial by jury.

15.12 Severability. If any provision of this section (other than the class action waiver) is found unenforceable, that provision is severed and the remainder of this section remains in full force.

16. Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails, in-app notifications, and push notifications. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Compliance with Applicable Laws

We make no representation that the Service is appropriate or available in every jurisdiction. You are responsible for compliance with all applicable local, state, national, and international laws, including export and import regulations. You may not use the Service in violation of any applicable export laws, sanctions, or trade restrictions.

18. App Store Sourced Applications

The following terms apply if you access the Service through an application obtained from the Apple App Store ("App Store Sourced Application"):

You acknowledge and agree that these Terms are between you and Hero Stuff only, and not with Apple, Inc. ("Apple"). Hero Stuff, not Apple, is solely responsible for the App Store Sourced Application and the content thereof.

Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, for the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Hero Stuff's sole responsibility.

You acknowledge that Hero Stuff, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and/or use of the App Store Sourced Application, including but not limited to product liability claims, any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of the App Store Sourced Application infringes that third party's intellectual property rights, Hero Stuff, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App Store Sourced Application, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

19. Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Waiver. Our failure to enforce any provision is not a waiver of that or any other provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including internet or infrastructure outages, third-party platform failures, natural disasters, labor disputes, government actions, or similar events.

No Agency. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship.

Entire Agreement. These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on the same subject.

English Language. These Terms are executed in English. In the event of any conflict between an English version and a translation, the English version controls to the extent permitted by law.

21. Contact

If you have questions about these Terms, please contact us at:

Hero Stuff, Inc. legal@herostuff.com