Last update : February 18, 2016
1. General provisions
PLEASE READ THESE SUPPORT HERO TERMS OF SERVICE (“Terms of Service”) CAREFULLY. SUPPORT HERO (“Support Hero”) OFFERS A SOFTWARE APPLICATION (the “Service”) THAT COMPANIES (individually and collectively “Affiliates”) CAN USE TO MANAGE THEIR KNOWLEDGE BASE AND SUPPORT RESOURCES. THE SERVICE ALSO PROVIDES AN ONLINE ENTRY FORM THROUGH WHICH THEIR USERS (“Users”) CAN SUBMIT SUPPORT REQUESTS. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU SHALL NOT USE THE SERVICE.
These Terms of Service include terms applicable to: (1) Affiliates; (2) Users; and (3) both users and Affiliates. These Terms of Service include, and incorporate by reference, the agreements, policies and guidelines referenced below.
2. Terms of service applicable to all users of the Support Hero platform
Support Hero does not actively monitor the use of the Service or Affiliate Applications. Similarly, Support Hero does not exercise editorial control or review over the content or nature of any Application or of any e-mail transmission, or other material created or accessible over or through the Application. If at any time Support Hero chooses, in its sole discretion, to monitor an Application, Support Hero nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Application, and no responsibility for the conduct of any third party entering or conducting an Application. Support Hero intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or other terms, conditions, policies, or guidelines on the Support Hero Website or of any applicable laws, rules, or regulations. By using the Service, you release Support Hero from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials.
You acknowledge that Support Hero reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the Support Hero Website and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Support Hero Website or Service made after the changes are posted to the Support Hero Website.
Because of situations beyond the control of Support Hero, Support Hero cannot guarantee that the Service will be available to you or that the Service will function properly. Support Hero does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPPORT HERO MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT AFFILIATE'S APPLICATION WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. SUPPORT HERO HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY APPLICATION OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY APPLICATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, SUPPORT HERO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUPPORT HERO AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE OF ANY SUCH APPLICATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE.
You agree to not use the Service to:
The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the applicable copyright laws. Support Hero owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Support Hero. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Support Hero, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Service.
Support Hero respects the rights of all copyright holders. Support Hero has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Support Hero the following information:
Please submit your notice to Support Hero as follows:
109 E 17th street, suite 420
Cheyenne, Wyoming, 82001
We encourage parents to take an active interest in their children’s use of the Internet. The Service is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on the Service.
If there is any dispute about or involving the Support Hero Website or Service, you agree that the dispute shall be governed by the laws of United States, without regard to conflict of law provisions. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms of Service to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Support Hero.
These Terms of Service and any and all other online policies and agreements promulgated by Support Hero constitute the entire agreement between Support Hero and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The failure of Support Hero to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Service is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Service.
3. Terms of service applicable to Website Owners (“Affiliates”) using the Support Hero platform
3.1 User’s Personal Information?
3.2 Compliance with Laws and Regulations
You acknowledge and agree that Support Hero’s Service merely helps Affiliates publish their Applications and that the Service provides no safeguards that ensure that you operate your Application properly or legally. You further acknowledge and agree that you are responsible for providing Application rules, terms, conditions, privacy policies or statements and ensuring that your Application complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Application(s), including without limitation in connection with all advertising and marketing associated with your Application(s). You further represent and warrant that you will comply with all statements and promises made to Users, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless Support Hero and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service, your violation of these Terms of Service or any other agreement between you and Support Hero, your actual or alleged violation of any law, rule, or regulation associated with your Application(s), and/or infringement by any Participants in your Application(s), of any intellectual property or other right of any person or entity. Support Hero will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of Support Hero’s successors, assigns and licensees.
For information about Support Hero’s pricing policy, please visit www.supporthero.io/pricing
3.4 Entire Agreement
These Terms and Conditions (including terms incorporated into them, e.g. the agreements, policies and guidelines referenced herein) and any policies and guidelines posted to the Service comprise the entire agreement (the “Entire Agreement”) between you and Support Hero with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
4. Confidentiality Policy
Your privacy is important to us, be assured that we are doing our very best to protect it and avoid any misuse or abuse of your personal data. This Policy explains how your personal information is collected, used, and disclosed by Support Hero and its Affiliates.
An Affiliate is a Website Owner who has installed the Support Hero Widget on his/her page and have created his/her Knowledge Base on Support Hero.
4.1 What information do we collect?
We collect information from you in various ways when you use our applications. Information we may collect includes name, email address, birth date, gender, phone number, etc. At each time information is collected about you, you will be clearly informed about the type of collected information. No personal information will be collected without your explicit consent.
You can always refuse to provide personal information to us or our Affiliates but, most of the time, if you choose so, you will not be eligible to use the application.
The information collected is always collected in order to better address your needs. Spam with uninteresting content is not allowed on Support Hero! The information we collect will help us and our Affiliate to target messages that are really of interest to you.
Moreover, we respect the laws of the countries we are operating in and require our Affiliates to do the same. In countries where explicit email opt-in is a requirement, an opt-in checkbox is proposed.
In addition, when you visit our website, some information may be automatically collected. For example, it is standard for your Web browser to automatically send information to every website you visit including ours. That information includes your computer’s Internet Protocol (IP) address, access times, browser type and language, and referring website addresse. We may also collect information about your computer’s operating system and information about your usage and activity on our website and applications. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track usersí behaviors and to gather demographic information about our visitors and applications users.
We may link the information we store in cookies to any personally identifiable information you submit while on our website. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of our applications.
We and our Affiliates use web beacons that help us better manage content on our applications. web beacons are electronic images that may be used on our applications. A web beacon may be used on our applications to collect information, deliver cookies, count visits, understand usage and campaign effectiveness.
4.2 Who can access your information?
There are only two companies who can access your information: Support Hero and the Affiliate who has installed the widget you are using to contact them. Your information will never be sold or otherwise transmitted to third parties.
4.3 How your information may be used?
Support Hero will only use your information for the purpose of aggregate analysis of the performance of the Applications conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse of its Service; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you emails about Support Hero’s products or services, including for example, about other Applications available through the Service. We will keep your information strictly confidential and will not make any commercial use of it.
The Affiliate who has collected your information within the framework of the use of our application will use your information for support purposes.
It may use your information to contact you by email to provide you with useful information about the website it is operating.
4.4 How is your information secured?
The security of your personal information is important to us. Our applications are all SSL ready. So when you provide us any information using one of our applications, it will be encrypted if SSL is running on the concerned page.
Support Hero takes reasonable security measures to protect your personal information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are 100% bulletproof.
Support Hero warrants that the use of the Service as described in the TOS, does not require the transmission and collection of personal data. Support Hero warrants that it will not transmit or share any data with third parties without your prior written approval.
4.5 How can you get your information changed or out of Support Hero?
You can request modification or deletion of your information at any time by sending an email to email@example.com with your first and last name and the name of the Affiliate Website using Support Hero.
5. Payment terms
Fees and any other charges for the use of the Service are described on the Site at: http://www.supporthero.io/pricing. Fees may change from time to time. If we change them, we will give you at least 30 days’ notice before implementing the change. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees will not be applicable to the billing period in which the change occurs.
Fees paid to Support Hero for the use of the Service, unless otherwise specified in writing, are non-refundable. If your use of the Service is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Service. If we terminate your use of the Service for any reason other than your breach of these Terms, we will refund your subscription fee on a pro rata basis.
The subscription to the Service is made on a monthly basis. You are free to terminate your subscription to the Service at any time by checking in on your Support Hero account and clicking on the “Subscription” tab. If you terminate your account before the expiration of a monthly period, you will not be refunded for the remaining of that period. If you upgrade or downgrade your account during a monthly period, the amount you owe for the next period will be adjusted pro-rata.
Your contracting party for subscribing to Support Hero is:
109 E 17th street, suite 420
Cheyenne, Wyoming, 82001