Last updated May 25, 2025

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1. Introduction

Thank you for using Heroic!

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Please read these terms of use ("Terms of Use") carefully. These Terms of Use constitute a legal agreement between you and Heroic Design Inc. ("Heroic", "we", "us", "our").

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Heroic provides a digital platform (the "App") that enables users to generate, evaluate, develop, and design new products with the assistance of generative AI, among other functionalities. These Terms of Use govern your access to and use of all products and services provided by Heroic, including:

• our website located at www.heroic.design;

• the App, located at www.heroicdesign.ai;

• all features, tools, content, and functionalities offered through the foregoing; and

• any other services, websites, or digital properties that link to or reference these Terms of Use (collectively, the "Services").

 

By accessing or using any part of the Services, you agree to be bound by these Terms of Use and to comply with all applicable laws, rules and regulations and, where applicable, professional standards. If you do not agree to these Terms of Use, you must not access or use the Services.

 

Please also review our Privacy Policy, which explains how we collect, use, and disclose personal information. While the Privacy Policy is not part of these Terms of Use, it is an important document that governs your use of the Services.

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2. Eligibility and Account Registration

2.1 Age Requirements and Use by Minors​

The Services are not intended for use by individuals under the age of 13. If you are under the age of 13, you may not access or use the Services.

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If you are between the ages of 13 and the age of majority in your province or territory of residence, you may only access and use the Services with the consent of your parent or legal guardian. By permitting such use, the parent or legal guardian:

(a) represents and warrants that they are the lawful parent or guardian and have the authority to enter into this Agreement on behalf of the individual using the Services;

(b) agrees to be bound by this Agreement in connection with the individual's use of the Services;

(c) acknowledges and agrees that they are fully responsible for all use of the Services by that individual and any consequences arising from such use;

(d) agrees that they are personally responsible for any use of the Services by such individual, and that all obligations under this Agreement, including but not limited to those set out in Section 11 (Limitation of Liability) and Section 12 (Indemnity), will be enforceable against them in connection with such use.

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For clarity, all rights, responsibilities, and limitations in this Agreement apply to any use of the Services by a minor as though that use were undertaken by their parent or legal guardian.

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2.2 Account Setup

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate and complete.

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2.3 User Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials (including any username and password), and for all activity that occurs under your account. You agree not to share your credentials or allow others to access your account. You must notify us immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security.

If you create an account or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In such cases, "you" and "your" will refer to that entity.

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3. Acceptable Use and Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms of Use. You must not use the Services to:

(a) generate, request, or promote content or outputs that are illegal, harmful, deceptive, or intended to cause panic or mislead the public;

(b) ideate or develop products intended to cause harm, unlawfully discriminate, enable surveillance, violate human rights, or infringe on third-party intellectual property, privacy, or publicity rights;

(c) generate or share content that is knowingly false, misleading, defamatory, harassing, threatening, bullying, hateful, discriminatory, obscene, sexually explicit, or otherwise offensive;

(d) impersonate or attempt to impersonate Heroic, a Heroic employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing);

(e) claim ownership of product ideas or content generated by others in shared spaces, unless explicitly permitted;

(f) solicit or share personal, financial, or sensitive information from or with other users;

(g) flood, spam, or otherwise disrupt chat spaces, group activities, or shared environments;

(h) encourage or enable any third party to violate these Terms of Use or any Heroic community guidelines posted from time to time.

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In addition, you agree not to:

(i) interfere with or disrupt the integrity, security, or performance of the Services or any related systems, networks, or data;

(j) access or attempt to access any part of the Services or content that you are not authorized to access;

(k) attempt to probe, scan, or test the vulnerability of any system or network related to the Services, or breach any security or authentication measures;

(l) introduce any viruses, malware, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;

(m) attack the Services via a denial-of-service attack or a distributed denial-of-service attack;

(n) use the Services in a manner intended to artificially generate load, consume excessive system resources, or degrade performance for other users (e.g., through excessive API calls or scraping);

(o) attempt to circumvent any usage restrictions, rate limits, authentication gates, or access controls imposed by Heroic or its infrastructure providers;

(p) share, sell, sublicense, or otherwise make the Services available to any third party, except as expressly permitted by Heroic in writing;

(q) use the Services to train, benchmark, or test third-party AI models or systems, unless expressly authorized;

(r) attempt to reverse engineer, deconstruct, or extract any underlying AI models, prompts, datasets, or training methods used in the Services;

(s) encourage or enable any third party to do any of the foregoing.

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Heroic reserves the right to investigate and take appropriate legal action in response to any unauthorized or prohibited use of the Services, including removing or disabling access to any content that violates these Terms of Use.

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4. Right to Access & Use

Subject to your compliance with these Terms of Use, Heroic grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your personal or internal business purposes during the Term.

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You acknowledge that you are obtaining only a limited right to use the Services and that no ownership rights are being conveyed to you under these Terms of Use. Heroic reserves all rights not expressly granted in these Terms of Use.

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5. Fees & Payment

5.1 Subscription Fees

You agree to pay all applicable subscription fees for your selected plan ("Fees"), in the amount and currency presented to you at the time of purchase or as otherwise agreed in writing. Unless otherwise agreed, Fees are billed in advance for each subscription period and are non-cancellable and non-refundable, except as required by law.

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5.2 Billing Methods

You are responsible for providing a valid and up-to-date payment method. You authorize Heroic, through its third-party payment processor, to charge your payment method on the subscription start date (following any applicable free trial) and automatically on each renewal date, unless your subscription is terminated in accordance with these Terms of Use.

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If you and Heroic have agreed to alternative payment terms in a separate written agreement (such as an Order Form or Master Services Agreement), those terms will govern with respect to invoicing, payment schedules, and methods.

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5.3 Taxes

Fees do not include applicable taxes. You are responsible for all applicable taxes, levies, or duties, excluding Heroic’s income taxes.

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5.4 Changes to Fees

Heroic may modify its Fees at any time. Changes to Fees will take effect on the next renewal date. We will provide advance notice of such changes, including expiration of any trial period, promotion, or discount.

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5.5 Non-payment

If any payment is not received by the due date, Heroic may, in its sole discretion suspend or terminate your access to the Services until payment is received.

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6. Term & Termination

6.1 Subscription Term & Renewal

These Terms of Use begin on the date you activate a subscription or access the Services (including any trial or beta access) and will continue for the subscription period selected (the "Term"), unless terminated earlier in accordance with these Terms of Use.

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Unless otherwise specified at the time of purchase, all subscriptions will automatically renew for successive periods of the same duration (e.g., monthly or annually) unless terminated in accordance with these Terms of Use.

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6.2 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current subscription period, and you will continue to have access to the Services until that time. No refunds will be provided for the remaining portion of any subscription period.

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6.3 Suspension or Termination

Heroic may suspend or terminate your access to the Services (in whole or in part) at any time if you violate these Terms of Use, including failure to pay any Fees when due, or if Heroic reasonably believes your use of the Services poses a security or legal risk. No refund will be provided in such cases.

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If you are using the Services under a trial or beta access, Heroic may suspend or terminate your access at any time and for any reason, without notice or liability.

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6.4 Effect of Termination

Upon termination or expiration of the Term:

(a) your right to access and use the Services will immediately cease;

(b) you may lose access to any data or content stored in your account, unless otherwise provided under a separate agreement or data retention policy; and

(c) provisions of these Terms of Use that by their nature should survive termination will survive, including those relating to payment, ownership, disclaimers, limitations of liability, indemnification, and governing law.

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7. Changes to the Agreement and Services

7.1 Changes to the Agreement

Heroic reserves the right, in its sole discretion, to revise or update these Terms of Use at any time. Any changes will be effective immediately upon posting, and will apply to all access to and continued use of the Services thereafter. It is your responsibility to review the current version of these Terms of Use each time you access the Services. Your continued use of the Services following the posting of revised terms constitutes your acceptance of those changes.

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7.2 Changes to the Services

We may, at any time and without liability, modify, suspend, or discontinue any part of the Services, including any features, functionality, tools, or content, for any reason or no reason, with or without notice.

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8. Intellectual Property, User Content, and Data

8.1 User Content

You retain ownership of any content or other materials you input into the Services ("Inputs") and any resulting content generated by the Services based on those Inputs ("Outputs"), subject to the terms of these Terms of Use. Heroic does not claim ownership over your Inputs or Outputs. You grant Heroic a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable licence to use your Inputs and Outputs as necessary to operate, maintain, improve, and develop the Services, subject to the Secret and Private Project settings described below.

 

Due to the nature of generative AI, Outputs may not be unique and may be similar or identical to content generated for other users. Outputs are generated by automated systems and may be inaccurate, biased, or otherwise unfit for your intended purpose. You are solely responsible for reviewing all Outputs before relying on or using them. Heroic makes no warranties, express or implied, as to the accuracy, reliability, legality, or intellectual property rights associated with any Outputs. You acknowledge that Outputs may not be eligible for protection under copyright or other intellectual property laws.

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If you create a project as a "Secret Project", the Inputs and Outputs for that project will be treated as confidential and will not be accessed by Heroic for any purpose other than to provide support or maintain the Services. Secret Projects will not be used to train, improve, or enhance the Services or underlying AI models.

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If you create a project as a "Private Project", the project and its content will be accessible only by you. However, you acknowledge and agree that Heroic may use content from Private Projects in a de-identified form to operate, improve, and train the Services and associated models.

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8.2 Ownership of the Services

Heroic and its licensors own all rights, title, and interest in and to the Services and all associated materials, including but not limited to all software, source code, machine learning models, designs, text, graphics, images, audio, video, interactive elements, interfaces, documentation, and the "look and feel", layout, selection, and arrangement of the Services (collectively, "Heroic IP"). Heroic IP is protected by intellectual property laws and includes all associated copyrights, trademarks, trade secrets, patents, and other proprietary rights.

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Except for the limited right to access and use the Services as expressly provided in these Terms of Use, nothing in these Terms of Use grants you any ownership or rights in or to the Heroic IP. All rights not expressly granted are reserved by Heroic.

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You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Services or Heroic IP, nor may you use Heroic’s name, logo, or trademarks without prior written permission.

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8.3 Feedback

If you choose to provide any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you waive any moral rights in such Feedback to the extent permitted by law, and Heroic may use, disclose, and exploit such Feedback without restriction or any obligation to you. Heroic is not required to consider or implement any Feedback.

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8.4 System Usage Data

Heroic may collect technical and usage data relating to your use of the Services ("System Usage Data"), including access logs, feature usage, error reports, and interaction metrics. Heroic owns all right, title, and interest in and to System Usage Data and may use it in aggregated and de-identified form for any purpose, including to maintain, analyze, improve, and develop the Services.

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9. Third-Party Services & Links

The Services may contain links to or integrations with third-party websites, services, or applications ("Third-Party Services") that are not owned or controlled by Heroic. Your use of any Third-Party Services is subject to the terms and policies of those third parties, and Heroic is not responsible for the content, functionality, accuracy, legality, or practices of any Third-Party Services.

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Heroic does not endorse, and is not responsible or liable for, any Third-Party Services or any information, materials, or content made available through them. You acknowledge and agree that your use of any Third-Party Services is at your own risk and that Heroic will not be liable for any damages or losses arising from your interaction with such services.

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If you use a Third-Party Service (e.g., through an integration or API), you grant Heroic permission to access and use your information from that Third-Party Service as necessary to provide the Services.

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10. Disclaimers

THE SERVICES (INCLUDING ANY OUTPUTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEROIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

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HEROIC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES (INCLUDING ANY OUTPUTS) WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEROIC DOES NOT GUARANTEE THAT CONTENT OR OUTPUTS WILL BE SECURE, OR THAT THEY WILL NOT BE LOST, CORRUPTED, OR ALTERED.

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YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS GENERATED THROUGH THE SERVICES IS AT YOUR SOLE RISK. YOU MUST NOT RELY ON OUTPUTS AS A SOLE SOURCE OF TRUTH, FACTUAL INFORMATION, OR LEGAL, FINANCIAL, ENGINEERING OR OTHER PROFESSIONAL ADVICE.

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11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEROIC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT HEROIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEROIC’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE TOTAL AMOUNT PAID BY YOU TO HEROIC FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND HEROIC.

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12. Indemnification

You agree to indemnify, defend, and hold harmless Heroic and its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your access to or use of the Services; (b) your interactions with other users or third parties in connection with the Services; (c) your violation of these Terms of Use or any applicable law, rule, or regulation; (d) your infringement or misappropriation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) your gross negligence, fraud, or willful misconduct.

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Heroic reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Heroic in the defense of such claims.

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13. Governing Law & Dispute Resolution

These Terms of Use are governed by and will be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods.

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The parties agree to submit to the exclusive jurisdiction of the provincial and federal courts located in Vancouver, British Columbia, Canada for any disputes arising out of or relating to these Terms of Use, except that Heroic may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the unauthorized use or disclosure of its intellectual property.

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Each party irrevocably waives any right to a trial by jury in any legal proceeding arising out of or related to these Terms of Use.

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14. Miscellaneous

14.1 Entire Agreement

These Terms of Use constitute the entire agreement between you and Heroic regarding your use of the Services and supersedes all prior or contemporaneous agreements, communications, and understandings, whether oral or written. Headings in these Terms of Use are for convenience only and shall not affect the interpretation of any provision.

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14.2 Severability, Waiver, and Assignment

If any provision of these Terms of Use is held invalid or unenforceable under applicable law, such provision will be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, it will be severed from these Terms of Use. This modification or severance will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect. Any failure by Heroic to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use, in whole or in part, without Heroic’s prior written consent, and any attempt to do so without such consent will be null and void. Heroic may freely assign or transfer these Terms of Use without restriction.

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14.3 Force Majeure

Heroic will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, internet or telecommunications failures, acts of government, or other events of a similar nature.

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14.4 Notices and Questions

All notices under these Terms of Use must be in writing and will be deemed given when sent by email to the email address associated with your account, or to Heroic at the email address listed below. You are responsible for keeping your contact information current.

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If you have any questions about these Terms of Use or the Services, you may also contact us at that same address.

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Contact: info@heroic.design