Welcome to Herohero! These Terms of Service (this “Agreement” or “Terms”) is an agreement between you (“you”) and Herohero s.r.o., ID Number: 096 44 156, with registered seat at Spálená 110/53, Nové Město, 110 00 Prague 1, Czech Republic, registered in the Commercial Register maintained by Municipal Court in Prague, Section C, File 378090 (“Herohero CZ”), or Herohero, Inc. a Delaware corporation (“Herohero US”) (Herohero CZ and/or Herohero US both separately and jointly as “Herohero”, “we,” or “us”) and our affiliates. Herohero is a membership platform that enables creators to be paid by their fans. You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this Agreement in order to use our website and all affiliated websites, including mobile websites, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the “Platform”), all services, applications, software, features and products that are accessible through our Platform that link to or reference this Agreement (together with the Platform, the “Services”) whether provided by us or our affiliates. The materials contained in this Platform are protected by applicable copyright and trademark law. Your use of the Service is subject to the terms of this Agreement, which may be updated from time to time. Your Agreement with us will also include the Privacy Policy available here. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

By using Herohero you agree to these Terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.

Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.

Users and public authorities can communicate with us via email at [email protected]. We do not use chatbots for communication.

If you are a creator located in the USA or a fan subscribing to a creator located in the USA, certain parts of the Terms of Service, Privacy Policy and Cookies Policy marked “US Terms” shall apply and Herohero US will contract with you. If you are a creator located anywhere else or a fan subscribing to such creator, certain parts of the Terms of Service, Privacy Policy and Cookies Policy marked “CZ Terms” shall apply and Herohero CZ will contract with you.

Specific parts of Terms of Service, Privacy Policy and Cookies Policy that only apply on Herohero US or Herohero CZ are visibly marked in the respective document.

When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.

To create an account, you must be at least 13 years old. To join a creator’s membership as a supporter you must be at least 18 years old or have your parent’s written permission. To provide membership as a creator you must be at least 18 years old or be emancipated by a court decision (or by a decision of other applicable public authority).

You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

You are responsible for all activity on your account. If you violate our policies we may terminate your account.

Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Herohero, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership in our platform.

Our policies cover most issues, but if you find a new and creative way to hurt Herohero or our community we may, at our sole discretion, take action to prevent it.

Views expressed by creators on Herohero do not represent Herohero’s views.

As a creator, you make your membership available on Herohero, and we provide membership to your supporters on a subscription or per creation basis.

You expressly understand and agree that Herohero shall not be liable for any technical aspects of payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that (i) all payments and monetary transactions are handled and (ii) the funds are held up until the pay-out by Stripe or any other payment processor we choose to work with in the future. You agree that Herohero shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe. Herohero is responsible for any instructions it gives to Stripe or any other payment processor. However, Herohero is not responsible for the payment processor meeting any of its obligations.

We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block supporters’ payments if we believe them to be fraudulent.

You must not process stolen credit cards, or unauthorized credit cards through Stripe for pledges on our Platform.

Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

You may not solicit payments from supporters in other means, especially by posting your bank account information for direct deposits. Doing so is a severe violation of our terms.

If you wish to change the entity through which you offer memberships and operate your creator profile (e.g., from yourself as a self-employed individual to a company), you must submit a prior request via email to [email protected]. We will review your request for compliance with our Terms and operational capabilities. This change is also subject to approval by our payment processor, Stripe.

There is currently only one payment and pay-out fee associated with the membership on Herohero that the creator will be charged by Herohero and that is 10% of any pledge from each supporter (“Fee”). The fee includes Stripe fee and Herohero fee. Herohero fee is designed to cover file storage and our development to keep advancing the Herohero platform for its users.

If you are looking to support a creator you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor, Stripe (stripe.com). However, as far as legally possible, Herohero reserves the right to change the payment processors it uses at any time and without notice to you. Herohero does not store any payment card information.

Depending on your supporters’ locations, some banks may charge the supporter a foreign transaction fee for their membership subscription or creation membership. Herohero does not control this charge.

We reserve the right to change our fees and charge additional fees in the future for any type of transaction.

If a fan successfully requests a chargeback from a banking institution resulting in the refund of the subscription payment, in particular, if a fan’s credit card is stolen or misused, Herohero will pay the chargeback fee to the banking institution and the Creator will refund the subscription amount to the fan. Herohero will not pay the chargeback fee and the Creator will not be obliged to refund the payment in case the banking institution does not accept the chargeback request and/or accepts our counter dispute.

We collect tax identification information and report this to tax authorities if we are legally required to do so. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

For the purpose of electronically-supplied services, creators make a supply of those services through our Services to the supporters.

In jurisdictions where Herohero is required to collect transaction tax from supporters, pledges processed from supporters will reflect the amount pledged plus the applicable tax. Applicable tax will not be taken from a pledge, but rather will be charged in addition to the pledge. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page.

As a creator on our site, it is your responsibility to determine what, if any, taxes apply to the pledges you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. These might include but are not limited to income tax and VAT on payments for electronically supplied services to supporters.

We don’t allow creations and benefits that violate our policies or law. A summary of some of those rules is that we don’t allow:

We review content uploaded to Herohero regularly, and if we find content that we don't allow on the platform, we remove it and notify the creator of the removal. We do not use algorithms in our review, content is reviewed by members of our team at their discretion. Our team's decision to remove content cannot be reversed in any way.

If you notify us that there is illegal content on Herohero, we will confirm the receipt of the notification and evaluate it as described above. Once we have taken action to moderate the content, we will inform you and the relevant creator of our decision and briefly explain the reasons behind it. We reserve the right not to process a notification that is incomprehensible or that does not make it clear what content it relates to.

If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Herohero. We are not required to allow any particular person or group of persons to be your supporter.

As a creator, you are also responsible for keeping supporter data safe.

An account is tied to your creative output and cannot be sold or transferred for use by another creator.

To become a supporter simply create an account, complete the transaction via Stripe and join a creator’s membership!

There are two types of membership:

The timing and amount of each membership subscription depend on the type of membership agreement you enter into, and the creator you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your membership page.

If you are a consumer and wish to become a supporter, you explicitly ask us and the creator to make the creator's content (i.e. digital content) available to you immediately upon entering into the membership agreement and joining the creator’s membership together with immediate following payment of the creator's membership subscription/payment amount, agreeing that this will be done within the lawful consumer's withdrawal protection period. You also hereby acknowledge that in this case you will no longer have the right of withdrawal in respect of such digital content. In the event that this provision does not work for you, you cannot become a supporter.

Your monthly membership subscription will continue until terminated. You may cancel your monthly membership subscription payments at any time. Terminating or lowering the tier support of membership will go into effect in the subsequent (not current) payment term. Unless you cancel your membership before your payment term, you authorize us to charge the membership fee for the subsequent payment term to your payment card via our payment processor.

For monthly payments, cancelling your support may result in your loss of access to a creator’s supporter-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a supporter of any particular creator.

You can purchase vouchers for monthly subscriptions from a particular creator and gift them to someone. The voucher can be redeemed at any time and has no expiry date. When you buy a voucher for a specific number of months of a creator's subscription, the duration of the voucher remains fixed, regardless of any potential increase in the monthly subscription price. The duration of the voucher cannot be interrupted, so it must be used for its full duration at once.

Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Herohero safe.

If you are located in the jurisdiction in which Herohero is required to charge and collect tax (e.g. VAT or sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription/payment. Herohero remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription/payment. Herohero does not control this charge. Please contact your bank for more information.

Do not try to repeat anything from the creators' creations on our Platform. In some cases, the creators might be trained specialists and for anybody else, the activity performed in the creation could be too dangerous. Herohero is not responsible for any attempt to repeat anything you see on our Platform.

Herohero is not responsible for your mobile data usage (or other means of connecting) while you use our Service, please keep in mind to check your data usage if you do not wish to exceed your data allowance by your service provider.

Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

If we grant a refund, the amount shall be deducted from the creator's funds accumulated during the time period in question that are still at the payment processor and have not been paid-out to the creator yet. If the refund is made after the creator's funds have been paid-out for the time period, we will take care of the refund but may later proceed in accordance with clause 6.6 of these Terms.

We proactively look at some pages and posts on Herohero to make sure creators follow these Terms. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Herohero.

In most situations, we will work with creators to resolve any potential violations and allow the creator to continue using Herohero. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Herohero reserves the right to remove a creator or supporter from participating in memberships. Removal of the creator or supporter from participation in memberships will prohibit the creator from accepting new payments, and prohibit the supporter from making new payments, but will not result in the automatic removal of the creator or supporter from the Platform unless there is an independent basis for their removal from the Platform.

Please let us know if you see potential violations of these Terms.

We are constantly testing out new features with the goal of making Herohero better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Herohero account or perform actions on your behalf. This permission is asked for when you connect your Herohero account to these other websites or services. You can learn more in our Privacy Policy.

We allow you to access an overview of popular creators on the Platform. Creators listed in the popular creators section are selected by Herohero team and sorted in random order.

You can permanently delete your account by accessing your profile settings.

We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.

These Terms remain in effect even if you no longer have an account.

You keep full ownership of all creations that you offer on Herohero, but we need licenses from you to operate Herohero effectively.

By posting creations on Herohero you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your supporters. We will never try to steal your creations or use them in an exploitative way.

You may not post creations that infringe others' intellectual property or proprietary rights.

You are also responsible for all content created or provided by you on our Platform. You understand and acknowledge that you are responsible for any content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Supporters may not use creations posted by creators in any way not authorized by the creator.

You may grant Herohero access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Herohero features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Herohero can access.

To ensure smooth user experience, we keep working on Herohero’s integration with other apps. You may thus authorize certain third-party apps to access your Herohero data. In doing so, you instruct us to grant the third-party app access to the selected extent of your information. You may need to consent to the third-party app’s specific terms of use. Our privacy policy applies.

At any time, you can revoke Herohero’s access to those accounts using the respective third party’s security settings page.

Rules for Commercial Communications in Creator Content

Creators may not include any form of advertising in their videos or other content related to cigarettes, other tobacco products, electronic cigarettes, or refill cartridges for such devices.

Creators may not include advertisements for alcoholic beverages in their videos or other content that specifically target minors or encourage excessive consumption of such beverages.

Creators may not include advertisements for medicinal products and treatment methods that are available in the Czech Republic only on prescription.

Creators may not include advertisements in their videos or other content that physically, mentally, or morally endanger minors by:

Creators must ensure that advertisements in their videos are properly labeled and that their content fully complies with our Terms and generally applicable legal regulations.

To detect content uploaded by creators that may violate the rules set out in this article, we use automated tools powered by artificial intelligence. If a violation of these rules is detected, we will take measures appropriate to the severity and nature of the violation, such as labeling the content, restricting its availability, or removing it. In the case of serious or repeated violations, we reserve the right to permanently terminate the creator’s account on the Platform.

Creators are required to label their content as content that may be unsuitable for children and adolescents if it could impair the physical, mental, or moral development of minors.

If a creator produces exclusively or predominantly content that may be unsuitable for children and adolescents, they are required to inform us of this fact. In such cases, we will label the creator as producing content exclusively for adult users.

Users who wish to access content that may be unsuitable for children and adolescents are required to declare that they have reached the age of majority. This declaration must be made truthfully.

To detect content uploaded by creators that may be unsuitable for children and adolescents, and to verify that it is properly labeled, we use automated tools powered by artificial intelligence. If a violation of the rules set out in this article is detected, we will remove the content or restrict its availability. In cases of repeated violations, we reserve the right to take stricter measures, including permanently terminating the creator’s account.

In accordance with clause 9.1. of these Terms, creators are prohibited from uploading content that includes pornography or gratuitous violence to the Platform. If we find that a creator has uploaded content including pornography or gratuitous violence, we will remove it immediately. In the case of serious or repeated violations, we reserve the right to permanently terminate the creator’s account on the Platform.

We have prepared a guide for parents on how to restrict minors’ access to inappropriate content on the internet. This guide includes steps for setting up parental controls on devices. More information can be found in Help Center.

Incite violence or hatred against a group of people or an individual based on gender, race, skin color, ethnic or social origin, genetic traits, nationality, language, religion or belief, political or other opinion, membership in a national minority, property, birth, gender, disability, age, or sexual orientation.

Include content whose distribution constitutes a criminal offense, in particular, public incitement to commit terrorist acts, crimes related to child pornography, and crimes associated with racism and xenophobia.

The Platform has implemented mechanisms for reporting content. These mechanisms allow users to notify or flag content that violates our Terms or the Act on Video-Sharing Platform Services. Content can be reported via the email address associated with the user account to [email protected].

Each content report will be reviewed without undue delay, but no later than 60 days from the date it is delivered to the above-mentioned email.

If, following the review of a report, we determine that the reported content violates these Terms or the Act on Video-Sharing Platform Services, we will take measures appropriate to the severity of the violation. These measures may include labeling the content, restricting its availability, removing the content, suspending the account, or permanently terminating it.

We will inform the user of the outcome of the review within 60 days of the content being reported.

In the event of repeated abuse of the reporting function, such as a user repeatedly reporting entirely compliant content, we reserve the right to suspend the reporting function for that user.

If a user disagrees with the way we have handled their notification or report related to our actions taken under Section 8 (3) (d) and (e) of the Act on Video-Sharing Platform Services, they may file a complaint via email to [email protected]. In the complaint, the user should at least:

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Herohero page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

You may not scrape, collect, process or in any other way use our data or any other content of the Platform unless we give you permission in writing.

To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of Herohero. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you will help us in our defence.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

Herohero is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We are not responsible for technical outages in our systems or third-party systems.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.

You acknowledge and agree that Herohero shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of Herohero. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Herohero in the past 12 months. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of Herohero, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.

CZ Terms: These Terms shall be governed by and construed in accordance with the laws of the Czech Republic. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

CZ Terms: All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.

CZ Terms: For out-of-court settlement of consumer disputes arising from this Agreement, the competent authority is the Czech Trade Inspection Authority, registered at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://www.coi.gov.cz/en/information-about-adr/. It is also possible to use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr.

CZ Terms: The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz/en/, serves as the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR).

These Terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements and don’t create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.

We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Herohero after a change means you accept the new terms or policies.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

If you have any questions or concerns regarding these Terms or other policies, please contact us.