Last updated on Apr 30, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND HYPER GROWTH MARKETING SDN BHD (HEREINAFTER REFERRED TO AS “CONTENTHERO”, “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH CONTENTHERO RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

ContentHero reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

1. Use of Platform

1.1. Age Restrictions. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a “Minor”) create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3. ****Intended Use. You may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to ContentHero, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.

1.4. ****Privacy. By using the Platform and providing Information on or through the Platform, you consent to ContentHero’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that ContentHero has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by ContentHero. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify ContentHero immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. ContentHero reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in ContentHero’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. ContentHero is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.  ContentHero is a technology platform communication service application provider ONLY.  ContentHero does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

1.7. Third-Party Services. The Platform may leverage or include access to Third-Party Services. ContentHero is not responsible for the usability or accessibility of Third-Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality may not be retrievable upon reactivation. ContentHero disclaims all liability related to outages or downtime of Third-Party Services.

1.8. Third-Party Content. The Platform may include Third-Party Content. Your use of Third-Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third-Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of ContentHero. ContentHero is not responsible for Third-Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third-Party Content. You are responsible for ensuring that your engagement or transactions with Third-Party Content is in compliance with these Terms and any applicable laws.

1.9. Customizations. Portions of the Platform may be modified by you, incorporating your brand name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. ContentHero may remove any of your modifications at any time without advance notice and without liability to you.

1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance.  We have no liability for the effect that your excessive data use may have on performance. If, in ContentHero’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if ContentHero’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

1.11. Platform Updates. ContentHero reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on ContentHero’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

2. Resale Policy

If you are authorized to resell access to a version of the Platform that is customized for or by You, You must comply with our Resale Policy as described below:

a. Resale Restrictions. When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. ContentHero may offer, but is not obligated, to assist in resolving customer disputes or inquiries in its sole discretion. If ContentHero determines, in its sole discretion, that you are failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we may exercise our ability to terminate your Platform Account.

b. You Are Not ContentHero. You are prohibited from representing yourself as a ContentHero employee or otherwise implying an association with ContentHero when reselling access to the Platform. You may not direct your customers to contact ContentHero for any reason, including but not limited to Platform support.

c. Suspension and Termination. We may suspend or terminate your ability to resell access to the Platform, with or without notice, if you violate these Terms or for any other reason in our sole and absolute discretion.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which ContentHero may immediately suspend or termination your Platform Account in accordance with these Terms:

• Use of the Platform in any way that violates any applicable law or regulation.
• Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
• Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonating or attempting to impersonate ContentHero, a ContentHero employee, another user or any other person or entity.
• Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform.
• Engaging in any conduct that would may, as determined by ContentHero, harm Platform users or ContentHero, or expose either to liability.
• Collecting or harvesting any personally identifiable information or other personal information, including account names, from the Platform.
• Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without ContentHero’s prior written consent.
• Use of any device, software or routine that interferes with the proper working of the Platform.
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts or content of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
• Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Platform.

4. Payment

a. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. Fees will be billed to the payment method we have on file. Fees for subscriptions will be billed in advance of Services and automatically renew according to billing cycle. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

b. Free Trials. We or our third-party service providers may offer free trials to a particular Service. We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter. You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.

c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. ContentHero may collect Taxes from you as part of the Fees as legally required or as ContentHero deems appropriate, and all ContentHero determinations regarding what Taxes to collect are final.  ContentHero may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify ContentHero for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are non-refundable.

d. Overdue Amounts.  If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

e. Payment Disputes.  You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All ContentHero determinations regarding your obligation to pay invoiced Fees and charges are final.

f. No Refunds or Credits.  Except as described below, all Fees assessed by ContentHero are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. ContentHero does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions.  If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, ContentHero reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and ContentHero’s determination of if and when to issue or deny a refund or credit is final.

g. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. If you choose to cancel your paid subscription, your Services will end at the end of the current subscription term. No refunds will be provided for your failure to properly cancel the Services associated with your account.

h. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

5. Affiliate Program

ContentHero offers an Affiliate Program under which customers may receive commissions for referring new accounts to ContentHero. Your participation in the Affiliate Program is subject to ContentHero’s approval and your acceptance of the Affiliate Agreement. You must establish a payment account linked to your ContentHero account in order to earn and receive commission payouts. Commissions may be forfeited if ContentHero is unable to submit payment to your payment account for any reason.

6. Intellectual Property

6.1. Platform Content. The Platform and Platform Content are the property of ContentHero or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Content, as defined below. ContentHero grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of ContentHero is strictly prohibited.

6.2. ContentHero Marks. ContentHero Marks are trademarks and services marks of ContentHero and may not be used without advance written permission of ContentHero, including in connection with any product or service that is not provided by ContentHero, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents ContentHero. You may not remove any ContentHero Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature ContentHero Marks, with or without authorization, and such usage of ContentHero Marks does not constitute or imply any approval, sponsorship, or endorsement by ContentHero.

6.3. User Content. User Content is considered non-confidential and non-proprietary. You grant ContentHero, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Content to third parties for any purpose. You also grant ContentHero the right to use Your Information and User Content to improve the Platform, develop new services, and/or improve ContentHero’s overall product offerings and business model. ContentHero is not responsible or liable to any third party for the content or accuracy of any User Content, nor do we endorse the User Content of third parties. ContentHero is not responsible for any failure or delay in removing User Content that violate the Terms. ContentHero reserves the right to delete or otherwise remove any User Content we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Content and have the right to grant the license granted above; (ii) All of your User Content comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Content.

6.4. Prohibited User Input. You are prohibited from posting User Input on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform Account.

6.5. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and ContentHero has no obligation to use the Feedback. You grant ContentHero and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to ContentHero without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of ContentHero or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to ContentHero, and neither your disclosure of the Feedback nor ContentHero’s review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to ContentHero.

6.6. Feedback Waiver. You hereby irrevocably release and forever discharge ContentHero from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against ContentHero with respect to the Feedback, including without limitation how ContentHero directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at ContentHero’s option and at your sole expense) to defend, indemnify, and hold ContentHero harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys’ fees, which ContentHero may incur as a result of use of the Feedback in accordance with these Terms.

6.7. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”).

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT CONTENTHERO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT CONTENTHERO IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

CONTENTHERO MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD-PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD-PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

8. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL CONTENTHERO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD-PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold ContentHero harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform  (“Claims”), including, but not limited to:  (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any ContentHero property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform.

9. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to ContentHero for which monetary damages would not be an adequate remedy, and ContentHero shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

11. Waiver And Severability

No waiver by ContentHero of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of ContentHero to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

12. Change of Control

ContentHero may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without ContentHero’s prior written consent which may be withheld at ContentHero’s sole discretion.

13. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and ContentHero with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of ContentHero.

ContentHero may enter into a separate agreement with you. The terms of any separate agreement between you and ContentHero will be considered a part of your entire agreement with ContentHero. To the extent there is a conflict between these Terms and the terms of your separate agreement with ContentHero, your separate agreement with ContentHero will control.

14. Term and Termination

These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.

a. Grounds for Termination. You agree that ContentHero, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. ContentHero reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.

b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. ContentHero is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, ContentHero requires written notice at least 30 days before your next billing date.

d. No Termination by Third Party Users. ContentHero has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than ContentHero must contact the party who originally provided access to the Platform for any inquiries related to termination.

e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

15. Definitions

• “ContentHero Marks” means the ContentHero name and related logos and service marks of ContentHero.
• “Feedback” means ideas You provide to ContentHero regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to ContentHero’s business.
• “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-on Services that you may purchase.
• “Information” means data about You and Your customers that ContentHero collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
• “Input” means the information or content uploaded, entered, or transmitted to the Services by a User, who must own or have permission for the associated Intellectual Property Rights.
• “Login Credentials” means the username and password used to access your Platform Account.
• “Output” means the content generated or returned by the Services to a User based on the Input.
• “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to Users on or through ContentHero’s website or mobile application.
• “Platform Account” means the account you created in order to access and use the Platform.
• “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, documentation, databases, music, sounds, images, or other materials that can be viewed or accessed on the Platform. Platform Content does not include User Content.
• “Services” means the variety of features, product integrations and services that ContentHero makes available on the Platform. Services may include Third-Party Services.
• “Third-Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
• “Third-Party Services” means any Services or other products owned and provided by a third party vendor that ContentHero makes available to You as a Service on or through the Platform.
• “Training” means any training, information or suggested usages conveyed by ContentHero about the Platform.
• “User”, “you” or “your” or any derivatives thereof means the individual or the business entity that the individual represents, who accepted the Terms to access and use the Platform. “User” or “you” also includes any and all employees, agents or third parties that are authorized to act on your behalf.
• “User Content” means (i) the Input, (ii) the Output, and (iii) any content (including text, images, illustrations, charts, tables, and other materials) either directly supplied by or generated for the User through the Platform or indirectly through integration with a Third-Party Services.

Contact Us

Hyper Growth Marketing Sdn Bhd (1417745-T)
Address: 97A, Batu 3, Jalan Klang Lama, 58000 Kuala Lumpur, Malaysia
Phone Number: +6011-62989843
Email: [email protected]