Last modified November 23 2022

heropack.me is operated by BIASED SYSTEMS in Denmark. By using heropack.me, you agree to these Terms of Service and all related policies.

Service

Heropack and it's services is a work in progress and we're always working to improve the service. As such the services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

heropack.me reserves the right to suspend or ban your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Age Requirements

By accessing the Services, you confirm that you're at least 16 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of use in your country, your parent or guardian must agree to this Agreement on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services. No assurances are made as to the suitability of the Generations for you.

Your Information

By using the Services, you may provide HeroPack with personal information like your email address, user name, billing information, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the Service. Our policy outlining what we do with your personal information, and the rights you have with respect to your personal information, can be found in our Privacy Policy. Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers the parties will work together in good faith to enter into such terms.

Copyright and Trademark

To the extent allowed by law and as between you and heropack.me, you own your Uploads, and you agree that our provider, Astria, owns all Generations, and you hereby make any necessary assignments for this. Astria grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created.

DMCA and Takedowns Policy

heropack.me uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to hi@heropack.me and we will process your request.

Governing Law

All legal claims arising our of or relating to the agreement (including any dispute regarding the interpretation or performance of the agreement) (“Dispute”) will be governed by the laws of Denmark.

Limitation of Liability

HeroPack accepts no liability or responsibility to any person or organisation as a consequence of generated art and any reliance upon the information contained in its sites.

To the full extent permitted by applicable law, you agree that in no event shall HeroPack be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any HeroPack has been advised of the possibility of such damages) arising out of or in connection with (a) HeroPack or this Agreement or the inability to use HeroPack (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on HeroPack, (c) your use of HeroPack or transportation to or from HeroPack events, attendance at HeroPack events, participation in or exclusion from HeroPack groups or HeroPack events and the actions of you or others at HeroPack events, or (d) any other matter relating to HeroPack. Our liability to you or any third parties in any circumstance is limited to the greater of $10 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability.

You agree to indemnify HeroPack (its employees and agents) for any loss suffered or liability incurred by HeroPack (its employees and agents) arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.

Indemnity Clause

Users, by use of heropack.me, hereby agree to indemnify and hold harmless heropack.me & BIASED SYSTEMS against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (from now on “Claims”), arising out of and relating in any way to intellectual property infringement claims made against heropack.me concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify heropack.me against all Claims relating in any way to your use of heropack.me. This indemnity includes reimbursement to heropack.me for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys' fees, and reimbursement for any losses and liabilities of heropack.me, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against heropack.me.

Accuracy & Availability

Every effort is made to provide information that is accurate. However, materials contained in HeroPack's websites, apps, and its properties are subject to change at any time by appropriate action of HeroPack. We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.

Any information on HeroPack's websites, apps, and its properties may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

HeroPack does not guarantee constant availability of Website access and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).

Transactions

In the event a User's Payment Method was declined, HeroPack may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within a few days of the User's first attempt to purchase their Product. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction.

Safety

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including login by email links, access arrangements etc) as notified. HeroPack will not be liable for any unauthorised breach or disclosure of the security features.

Modifications

We may modify these terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to these terms, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised terms. If you do not wish to accept the revised terms, you can close your account.

Miscellaneous

Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.

Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.