Subscription Terms and Conditions

1. SERVICE DESCRIPTION

HelloHero AI provides software-as-a-service (SaaS) tools including but not limited to:

Customer Relationship Management (CRM) features

Email marketing and automation

SMS/text messaging capabilities

Voice communication tools

Workflow automation

Artificial Intelligence (AI) powered features

Integration tools

Related business communication and marketing tools

These services are provided on a subscription basis with additional usage-based charges as outlined in these Terms.

2. ACCOUNT REGISTRATION & ELIGIBILITY

2.1 Account Requirements

You must be at least 18 years old and have legal capacity to enter into contracts

You must provide accurate, current, and complete information during registration

You must maintain and update your account information to keep it accurate

You are responsible for maintaining the confidentiality of your account credentials

You are responsible for all activities that occur under your account

2.2 Business Use HelloHero AI is intended for legitimate business purposes only. You may not use our services for:

Illegal activities

Spamming or unsolicited communications

Harassment or abuse

Violating any applicable laws or regulations

2.3 Two-Factor Authentication Your account is protected by two-factor authentication using your cell phone and email. You must maintain access to these authentication methods.

3. SUBSCRIPTION TERMS & CONDITIONS

3.1 Subscription Plans HelloHero AI offers monthly and yearly subscription plans. Your subscription includes software access only and does not include usage-based charges for communications (SMS, email, voice).

3.2 Billing

Subscriptions are billed in advance on a monthly or yearly basis

Your credit card will be charged automatically at the beginning of each billing cycle

Charges will appear on your statement as CRMCHARGES.COM (previously HELLOHERO.IO prior to August 5th, 2024)

3.3 NO REFUND POLICY HelloHero AI does not offer refunds on monthly or yearly subscriptions once your subscription begins and is paid for. We do not pro-rate any subscriptions based on start or cancellation dates of your subscription.

3.4 Subscription Management

To cancel or change your subscription plan, you must do so through the HelloHero AI Homebase & Community Area at: https://homebase.hellohero.io

This link is also accessible from the bottom of the homepage at HelloHero.io

For assistance or verification of cancellation, contact: [email protected]

Cancellations take effect at the end of your current billing period

You remain responsible for all charges incurred before cancellation

3.5 Price Changes We reserve the right to change subscription prices at any time. Price changes will be communicated to you in advance and will take effect at your next billing cycle.

4. USAGE-BASED CHARGES & COMMUNICATION CREDITS

4.1 Credit Card Requirement You are required to keep a valid credit card on file at all times to cover usage-based charges.

4.2 Pre-Purchase Credits You must pre-purchase credits for use of communication features. HelloHero AI pays for your use upfront, and you are required to maintain a positive credit balance.

4.3 Usage-Based Items The following are NOT included in your subscription and are charged based on use:

SMS/Text Messages - Charged per message sent

Voice/Phone Calls - Charged per minute or call

Email - May include volume-based charges depending on usage

Other communication and feature usage as specified in your account

4.4 Managing Credits

Log into your account at https://app.hellohero.io

If you have multiple accounts, select the appropriate account

Go to SETTINGS >> COMPANY BILLING to: Set credit thresholds based on your needs Update or add credit card information Monitor credit balance

4.5 Automatic Replenishment Your credit card will be charged automatically when your credit balance reaches your set threshold to maintain uninterrupted service.

4.6 NO REFUNDS ON CREDITS There are NO REFUNDS on communication credits for any reason, including but not limited to:

Unused credits

Misuse of credits

Account errors

Failed campaigns

Compliance violations or account suspensions

Changes to your business needs

Dissatisfaction with results

5. CRITICAL: SMS/TEXT MESSAGING COMPLIANCE & RISK WARNING

5.1 YOU ARE SOLELY RESPONSIBLE FOR TCPA & SMS COMPLIANCE

By using HelloHero AI's SMS and text messaging features, you acknowledge and accept the following:

5.2 TCPA Laws Are Complex and Constantly Changing

The Telephone Consumer Protection Act (TCPA) and related SMS regulations are:

Extremely complex and technical

Frequently updated with new rules and interpretations

Subject to varying state and local laws

Interpreted differently by courts across jurisdictions

Enforced by multiple agencies and through private lawsuits

SMS marketing and business texting carry SIGNIFICANT LEGAL AND FINANCIAL RISKS, including potential penalties of $500-$1,500 PER TEXT MESSAGE for violations. These penalties can apply to every single message sent in violation, potentially resulting in catastrophic financial liability.

5.3 You Are 100% Responsible For Legal Compliance

You acknowledge and agree that:

You are solely and exclusively responsible for ensuring all SMS/text communications comply with current TCPA regulations, state laws, FCC rules, and carrier requirements

You must obtain prior express written consent before sending marketing text messages

You must obtain prior express consent before sending informational/transactional texts

You must maintain detailed, auditable records of all opt-ins and consent

You are responsible for understanding and following all applicable laws in every jurisdiction where you send messages

You must include proper identification and opt-out instructions in every message

You must honor opt-out requests immediately (within seconds to minutes)

5.4 REQUIRED: Regular System Testing

You MUST regularly test your SMS systems, including but not limited to:

STOP/UNSUBSCRIBE Functionality - Test that STOP, UNSUBSCRIBE, CANCEL, END, QUIT, STOPALL, and similar opt-out commands immediately cease ALL messaging

HELP Commands - Verify HELP requests receive proper responses with your contact information

Opt-Out Processing - Confirm all opt-outs are honored immediately, permanently, and across all messaging campaigns

Message Delivery and Content - Verify messages send correctly and contain all required disclosures

Consent Records - Ensure opt-in documentation is properly captured and stored

Do Not Contact Lists - Verify integration with internal and external DNC lists

Failure to regularly test these systems can result in ongoing violations and massive liability.

5.5 HelloHero AI Provides Tools Only - NOT Compliance Monitoring

WE DO NOT MONITOR YOUR COMPLIANCE IN ANY WAY. Specifically:

We provide software tools; we do NOT provide legal compliance services

We do NOT review your messages, automations, or contact lists

We do NOT verify your consent collection methods are legally sufficient

We do NOT ensure your opt-out processes are working correctly

We do NOT monitor for TCPA violations in your account

We will NOT warn you of potential violations

We are NOT responsible for how you use our SMS features

We do NOT guarantee our tools will keep you in compliance

5.6 Rapid Changes in SMS Compliance

SMS compliance requirements are changing rapidly:

New court decisions regularly reinterpret TCPA rules

FCC issues new rulings and clarifications

State laws are constantly evolving

Carrier policies and filtering become stricter

Registration requirements (10DLC, A2P) continue to develop

It is YOUR responsibility to stay current with all changes and update your practices accordingly.

5.7 You Accept All Risk and Liability

By using SMS features, you accept full legal and financial responsibility for:

All TCPA violations and penalties (per message)

All class action lawsuits related to your messaging practices

All legal fees, settlements, and judgments

All regulatory fines and penalties

All carrier violations, account suspensions, and filtering

Damage to your business reputation

Any and all damages resulting from your use of SMS tools

5.8 Indemnification for SMS Use

You agree to indemnify, defend, and hold harmless HelloHero AI from any claims, lawsuits, penalties, or damages arising from your use of SMS features, including but not limited to TCPA violations.

5.9 Professional Legal Advice Strongly Recommended

If you are uncertain about TCPA compliance (and you should be, as it is extremely complex), consult with an attorney experienced in telecommunications law BEFORE sending any text messages through our platform.

We strongly recommend:

Working with a TCPA compliance attorney

Using third-party compliance monitoring services

Implementing robust consent documentation systems

Maintaining comprehensive records of all communications

Regular compliance audits of your messaging practices

6. EMAIL MARKETING COMPLIANCE

6.1 CAN-SPAM Act Compliance

You are solely responsible for compliance with the CAN-SPAM Act and all other email marketing regulations:

You must not send deceptive or misleading messages

You must include accurate "From" and "Reply-To" information

You must include a clear and conspicuous unsubscribe mechanism

You must honor unsubscribe requests within 10 business days

You must include your valid physical postal address

6.2 International Email Laws

If you send emails to recipients outside the United States, you are responsible for compliance with international laws including but not limited to:

GDPR (European Union)

CASL (Canada)

Privacy Act (Australia)

Other applicable data protection and anti-spam laws

7. YOUR RESPONSIBILITIES & LIABILITIES

7.1 You Are Liable For All Use

HelloHero.io and The Client Attraction Formula are NOT liable for how you use the tools available to you in this software.

There is risk in using:

AI and automation tools

Email and SMS communications

Voice communications

All other tools and features provided
These risks are not limited to the specific tools mentioned above - consider that there can be risk with ALL tools available in our platform.

7.2 Your Testing Obligations

You MUST test your automations, tools, and systems regularly:

We will NOT monitor your accounts in any way

We will NOT test your systems for you

We will NOT alert you to problems or errors

You are responsible for ensuring everything works as intended

7.3 Communication Law Compliance

You are liable for any communication according to the current laws in your country, region, state, or locality. There may be laws around:

The use of any tools available inside our platform

Any forms of communication that you use

Data collection and storage

Privacy and consent

Marketing and advertising practices

7.4 Data Protection and Privacy

You are responsible for:

Complying with all data protection laws (GDPR, CCPA, etc.)

Obtaining proper consent to collect and store personal data

Protecting customer data in your possession

Providing required privacy notices

Honoring data subject rights (access, deletion, etc.)

7.5 Prohibited Uses

You may NOT use HelloHero AI services to:

Send spam or unsolicited communications

Violate any laws or regulations

Infringe on intellectual property rights

Harass, abuse, or harm others

Distribute malware or malicious content

Engage in fraudulent activities

Impersonate others or misrepresent your identity

Scrape or collect data without permission

Interfere with or disrupt our services

8. ACCOUNT MONITORING & TRANSACTION REVIEW

8.1 Your Responsibility to Monitor

We recommend that you regularly check your transactions, usage, and account activity:

Review your billing statements

Monitor your credit usage

Check your automation activity

Verify your team member activities

8.2 Account Security

While your account is protected by two-factor authentication, you are ultimately responsible for:

Keeping your account secure

Monitoring for unauthorized access

Reviewing all transactions and usage

Understanding what is being used by you or anyone on your team

8.3 NO REFUNDS Policy Applies

There is a NO REFUND POLICY on ALL HelloHero AI products including:

Subscriptions

Credits for usage-based items

Misuse of credits

Unauthorized team member usage

Compromised account

9. INTELLECTUAL PROPERTY

9.1 Our Intellectual Property

All content, features, functionality, software, and materials available through HelloHero AI, including but not limited to:

Software code and architecture

User interfaces and designs

Logos, trademarks, and branding

Documentation and training materials

AI models and algorithms

Are licensed by HelloHero AI, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes, subject to these Terms.

9.3 Your Content

You retain ownership of any content, data, or materials you upload or create using our services ("Your Content"). By using our services, you grant us a limited license to host, store, process, and display Your Content solely to provide services to you.

9.4 AI-Generated Content

Content generated using our AI features may be subject to specific licensing terms. You are responsible for ensuring any AI-generated content complies with applicable laws and third-party rights.

10. DISCLAIMERS & LIMITATIONS OF LIABILITY

10.1 Service Provided "AS IS"

HELLOHERO AI SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability

Fitness for a particular purpose

Non-infringement

Accuracy, reliability, or completeness

Uninterrupted or error-free operation

10.2 No Guarantee of Results

We do not guarantee:

Any specific results from using our software

That our services will meet your requirements

That our AI features will produce accurate or useful outputs

That your communications will be delivered successfully

That you will achieve compliance with applicable laws

That your business will be successful

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELLOHERO AI SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages

Loss of profits, revenue, data, or business opportunities

Cost of substitute services

TCPA or other regulatory violations or penalties

Legal fees or settlements arising from your use of services

Damages resulting from your inability to use services

Damages from any third-party conduct or content

Damages due to your neglect or misuse

Damages linked to your account being closed for non-payment

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 6 MONTHS PRECEDING THE CLAIM.

10.4 AI and Automation Risks

You acknowledge that:

AI technology can produce errors, inaccuracies, or unexpected results

Automated systems can malfunction or behave unpredictably

You must review and verify all AI-generated content before use

You are solely responsible for all content sent through our platform

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HelloHero AI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your use of our services

Your violation of these Terms

Your violation of any third-party rights

Your violation of any laws or regulations

Your communications sent through our platform

TCPA, CAN-SPAM, or other regulatory violations

Any content you upload or transmit

Claims by third parties related to your use of services

System neglect (no testing, monitoring, sharing passwords, etc)

12. SERVICE MODIFICATIONS & AVAILABILITY

12.1 Right to Modify

We reserve the right to:

Modify, suspend, or discontinue any aspect of our services at any time

Add or remove features

Change pricing or billing methods (with notice)

Update these Terms

12.2 No Guarantee of Availability

We do not guarantee that:

Services will be available 24/7 without interruption

Services will be error-free

Servers will be virus-free or secure from attacks

Backups will always be available

12.3 Scheduled and Emergency Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts access to services. We will attempt to provide notice but are not required to do so.

13. TERMINATION

13.1 Termination by You

You may cancel your subscription at any time through https://homebase.hellohero.io. Cancellation takes effect at the end of your current billing period. No refunds will be provided for the remaining subscription period.

13.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice or refund, if:

You violate these Terms

You engage in fraudulent activity

You use services for illegal purposes

Your payment fails or is disputed

We are required to do so by law

Your use threatens the security or operation of our systems

You accumulate excessive complaints or violations

13.3 Effect of Termination

Upon termination:

Your access to services will cease immediately

You remain liable for all charges incurred before termination

No refunds will be provided

We may delete your data after a reasonable period

Outstanding balances become immediately due

13.4 Survival

Provisions regarding payment obligations, indemnification, disclaimers, limitations of liability, and dispute resolution survive termination.

14. DATA AND PRIVACY

14.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our Privacy Policy.

14.2 Data Backup

While we implement backup procedures, you are solely responsible for maintaining backups of Your Content. We are not liable for any data loss.

14.3 Data Export

You may export your data at any time through your account. Upon termination, you have [30 days] to export your data before it may be permanently deleted.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [YOUR STATE/JURISDICTION], without regard to its conflict of law provisions.

15.2 Arbitration Agreement

Any dispute arising from these Terms or your use of services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, in Arapahoe County Colorado, except:

Claims for injunctive or equitable relief

Claims of $7,000 or less (which may be brought in small claims court)

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.4 Venue

If arbitration does not apply, you agree that any legal action must be brought in courts located in [YOUR COUNTY/STATE], and you consent to personal jurisdiction there.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms constitute the entire agreement between you and HelloHero AI regarding use of services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision is not a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time without notice.

16.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet failures, or third-party service disruptions.

16.6 Notices

Notices to you may be sent via email or posted on our website. Notices to us must be sent to the contact information below.

16.7 Third-Party Services

Our services may integrate with third-party services. We are not responsible for third-party services, their availability, or their terms.

16.8 Updates to Terms

We may update these Terms at any time by posting new Terms on our website. Continued use of services after changes constitutes acceptance of new Terms. Material changes will be communicated via email or prominent notice.

17. CONTACT INFORMATION

For questions, support, or to verify cancellation:

Email: [email protected]
Subscription Management: https://homebase.hellohero.io
Account Access: https://app.hellohero.io
Website: https://hellohero.io

ACKNOWLEDGMENT

BY CREATING AN ACCOUNT, SUBSCRIBING, OR USING HELLOHERO AI SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

SPECIFICALLY, YOU ACKNOWLEDGE:

The NO REFUND policy on subscriptions and credits

Your sole responsibility for TCPA/SMS compliance

The requirement to regularly test your systems

Your liability for all use of communication tools

The risks inherent in using AI, automation, and communication features

All limitations of liability and indemnification obligations