1. General Terms & Acceptance

1.1 These Terms of Service (this “Agreement”) between Hero Creative Inc. (“we”, “us” or “Hero Creative”) and you (“Customer” or "Client") govern your access and use of our website (this “Site”) and the subscription services we provide (our “Services”). 

​1.2 By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. 

1.3 You (“Customer”) warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

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1.4 This Site is controlled and operated by Hero Creative from our offices within Canada. Those who choose to access this site from locations outside Canada are responsible for compliance with all applicable laws.

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1.5 We may update this Agreement from time to time, any new features, content, or tools added to the current Services shall also be subject to these Terms. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page upon visiting this Site, to ensure you are aware of any updates.

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1.6 If you disagree with any part of the terms then you may not access or use the Services.
A breach of violation of any of the Terms in this Agreement may result in an immediate termination of your Services.

 2. Website Terms Of Use

2.1 The use of this website is subject to the following Terms:

• The content of this website is for your general information and use only. It is subject to change without notice.

• We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

• You must not transmit any worms, viruses or any code of a destructive nature. 

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.

• This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)

• Hero Creative's obligations are limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall, establish any partnership or joint venture between the Customer and Hero Creative.

3. Subscription Terms Of Use

3.1 The use of the Hero Creative Subscription is subject to the following Terms:

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• The Service is billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

• At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you affirmatively cancel it or Hero Creative cancels it. You may cancel your Subscription renewal by contacting Hero Creative. *See more in Cancelation of Our Services*

• A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Hero Creative with accurate and complete billing information including full name, address, province, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Hero Creative to charge all Subscription fees incurred through your account to any such payment instruments.

• Should automatic billing fail to occur for any reason, Hero Creative will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If such payment it not made then your access to the Service may be interrupted or canceled, in each case with no obligation or liability to Hero Creative.

4. Monthly and Annual Subscriptions or A-La-Carte

4.1 Use of our Services requires payment of recurring fees ( a "Subscription"). Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full.

 

4.2 You may choose to update or cancel your Subscription (prospectively, not retroactively) by you at any time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date on either a monthly or an annual basis, based on your subscription type.

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4.3 Overdue charges may accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. 

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4.4 We reserve the right to terminate your account in the event of non-payment of amounts owed to us.  All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided.

 

4.5 Payment for any subscription will be charged in CAD. Payment must be made in full, in order for the subscription to commence. 

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4.6 We reserve the right to refuse any Subscription order placed with Hero Creative at our sole discretion. In the event that we do cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time of the order.

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4.7 You agree to provide current, complete and accurate purchase and account information for all Subscription purchases. You agree to promptly update your account and other information, including your email address and credit card information so that we can continue to complete your transactions and contact you as needed. 

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4.8 Once the Service has commenced, you may request to pause the subscription for one or more months. This will take effect as of the billing date, either within the current month, or the next calendar month. You may make a request to cancel your subscription at any time.  

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4.9 Any work performed outside of the scope of a Subscription, shall be billable at a rate of $75 / hour + HST, or as otherwise quoted in writing. Examples example of this rate applying include, but are not limited to:  any work performed after a Subscription has expired, after an unresolved payment failure, or while a Subscription is paused.

5. Modifications to The Service and Prices

5.1 Hero Creative in its sole and absolute discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

5.2 Hero Creative will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

5.3 Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

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5.4 We reserve the right to limit the quantities of services that we offer or discontinue any service at any time. 

6. Cancelation of Our Service and Refunds.

6.1 We hope you are pleased with our Services.  If, for whatever reason, you are not, you may contact us to discuss how we can better meet your needs or you may cancel your subscription with us at any time. It is your sole responsibility as a user of our Service to cancel the service ahead of the billing date.

 

6.2 Upon cancellation, you will continue to have access to the Services and your design files through the end of your current paid billing term. Once the billing term has ended after cancelation, you will no longer have access to the Services and may lose access to your design files through the Site.

 

6.3 You may request a refund from us if you cancel your annual subscription either: (i) within 30 days of signing up. After this 30 day window, we will not issue a refund.

 

6.4 Refunds will not be granted due to inactivity by a Hero Creative customer, or if a customer has forgotten to cancel their subscription prior to their billing date.

 

6.5 Once a subscription payment has been processed and no cancelation request has been made, the service will be delivered until the final date of the subscription period.

 

6.6 All refund requests are reviewed, considered and processed at the sole discretion of Hero Creative on a case-by-case basis and granted at Hero Creative's Discretion.

 

6.7 To initiate a refund request, please submit your refund request, outlining the grounds on which you are submitting the request to team@herocreative.ca

7. Use of Stock Services

7.1 "Licensed Content" means content that Hero Creative owns or licenses, including artwork, stock photographs, audio, typefaces, video, designs, and writings. You will be the sole and exclusive owner of all rights, title, and interest in and to the graphic design project, the Licensed Content incorporated into the graphic design project is subject to the license described below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sub-licensable right and license to commercially exploit in any manner any feedback, suggestions or recommendation that you provide to us.

 

7.2 In the case that we license Licensed Content from any third party for your design project, you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or any other unlawful manner; (vi) use Licensed Content in a way that allows others to download, extract, or re-distribute Licensed Content as a standalone file or work

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7.3 We and any licensors of content incorporated into your design deliverables, reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement.  ​In event of termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that we have included in your deliverable. 

8. Use of Our Service

8.1 You may use Hero Creative's Services for any number of projects and scope that you have subscribed for under the applicable plan. While we do accept unlimited requests and revisions, our output volume depends on many factors, including, but not limited to, (i) the volume of project requests, (ii) the complexity of your project requests; (iii) and the type of subscription tier you have purchased. We do not guarantee the exact amount of work that we can create with a subscription. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for extremely time-sensitive projects.

8.2 We always do our best to minimize mistakes. However, due to the nature of creative design work, we cannot guarantee all files delivered will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receiving. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to, but intend to try to work with you to make corrections.

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8.3 You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it.  You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services. 

 

8.4 In the course of providing the Services, we may use certain pre-existing materials.  We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials.  We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables.  We expressly reserve all other rights in and to such pre-existing materials.

 

8.5 We do not support or tolerate our Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use our Service in a manner which would or would likely incite, promote or support such discrimination and you must not use our Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.

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9. Confidential Information 

9.1 For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.

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9.2 During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to you.  We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representative and agents. 

 

9.3 During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representative and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representative and agents. 

 

9.4 Notwithstanding anything to the contrary in this Agreement, the
following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third-party source not directly or indirectly involving a breach of this Agreement.

 

9.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.   

 

10. Portfolio Rights

10.1 You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising our work (the “Portfolio Rights License”).

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10.2 You may revoke the Portfolio Rights License at any time if you wish your work not to be displayed. Send written notice to our team info@herocreative.ca.

 

10.3 If you revoke the Portfolio Rights License, we will stop using your deliverables for future marketing and advertising purposes, however, your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License. 

 

11. Term and Termination

11.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service.  All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.  

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11.2 We may terminate this Agreement at any time upon notice if you default or breach this Agreement.  Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files.  If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

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12. Disclaimer of Warranties

12.1 We represent and warrant that you will receive good and valid title license to all deliverables, free and clear of all encumbrances and liens of any kind, except for Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions.  Except as specifically set forth in this Section 7.1.1, the site and the services are provided "as is, as available". We make no promises about our services and, to the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness, non-infringement of intellectual property, and other violation of rights, either oral or written, whether arising by law, course, dealing, course of performance, usage, trade, or otherwise.

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13. Liability Waiver

13.1  We will not be responsible for any lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages arising out of the use or inability to use this site. To the extent permitted by law, our total liability, for any claims under these terms, including for any implied or expressed warranties, shall not exceed fifty dollars, regardless of the cause of action, in tort, contract, or otherwise. This paragraph does not affect any liability that cannot be excluded or limited under applicable law.

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14. Indemnification

14.1 You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected to customer content or use of the services or any deliverables. You shall cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.