Last Updated: January 2, 2025 12:24 PM (Manila Time)
These Terms and Conditions (“Terms”) govern your use of the HeyShopHero website (www.heyshophero.com) and the services we provide (the “Service”). By accessing or using our website or services, you agree to comply with these Terms. If you do not agree to these Terms, do not use our website or services.
1. Services Provided
HeyShopHero provides subscription-based Shopify development services, including but not limited to website customizations, landing page creation, A/B testing, functional enhancements, and performance optimization (“Services”). The Services are available on a subscription basis, with pricing and details outlined on our website.
2. Eligibility
By using our website or Services, you represent and warrant that:
- You are at least 18 years of age or the legal age of majority in your jurisdiction.
- You have the legal capacity to enter into a binding agreement.
- You are not barred or restricted from using our Services under any applicable law.
3. Account Registration
To use certain features of our Service, you may need to create an account. You agree to provide accurate and complete information during the registration process and to update such information as necessary.
You are solely responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately if you suspect any unauthorized access to your account.
4. Subscriptions and Billing
a) Subscription Plans
We offer various subscription plans, including the Free Trial, Starter Plan, and Growth Plan, as detailed on our website. Your subscription grants you access to the Services within the limits specified in your chosen plan.
b) Billing and Payment
Payment for our Services is billed on a monthly basis. The fees for each subscription plan will be charged automatically to the payment method you provide upon subscribing. You may change your payment method at any time by contacting us.
If you exceed the hours included in your plan, additional charges will apply at the rate of $30 per hour. Payment for any overages will be processed according to the terms in your plan.
c) Free Trial
If you sign up for a Free Trial, you will receive up to 8 hours of service, as specified on our website. No payment is required for the Free Trial, but you will need to provide payment details if you wish to continue using the Service after the trial period ends.
d) Cancellation and Pause
You may cancel or pause your subscription at any time. If you pause your subscription, you will retain any unused hours within the same billing cycle, but your access to the Services will be temporarily suspended. If you cancel, you will no longer have access to the Services upon the end of your current billing cycle.
e) Refunds
We do not offer refunds for any payments made. However, we are committed to delivering high-quality Services and will work with you to resolve any issues related to the tasks you submit.
5. Usage of the Service
You agree to use the Service in accordance with these Terms and applicable law. You may not use the Service for any illegal or unauthorized purpose, including, but not limited to, the following:
- Violation of any applicable law, regulation, or third-party right.
- Distribution of malware, viruses, or other malicious software.
- Attempting to gain unauthorized access to the Service or its related systems.
- Engaging in abusive or harassing behavior toward HeyShopHero staff or other users.
We reserve the right to suspend or terminate your access to the Service if you violate these Terms.
6. Intellectual Property
a) Our Intellectual Property
All content on our website and provided through the Service, including but not limited to logos, graphics, designs, text, and software, is the property of HeyShopHero and is protected by copyright, trademark, and other intellectual property laws. You may not use any of our intellectual property without our prior written consent.
b) Your Content
You retain ownership of any content you submit to us for customization or modification, such as images, product descriptions, and logos. However, you grant us a license to use, modify, and display this content as necessary to fulfill our obligations under these Terms.
7. Limitation of Liability
To the fullest extent permitted by law, HeyShopHero will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, or data, arising from your use or inability to use our Services.
Our total liability to you, whether in contract, tort, or otherwise, will be limited to the amount you have paid for the Service in the month preceding the event that gave rise to the claim.
8. Dispute Resolution and Governing Law
By using our Services, you agree that any disputes will be resolved through binding arbitration under the laws of the Philippines. This applies to any claims or disputes arising out of or in connection with these Terms.
We prefer to resolve disputes without going to court, so we will attempt to resolve any issues informally or through arbitration.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.
10. Amended Terms
We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated “Last Updated” date. You are encouraged to review these Terms periodically to stay informed about how we operate.
11. Acceptable Use Policy
By using our Services, you agree to the following acceptable use guidelines:
- Do not engage in any activity that would harm, harass, or infringe upon the rights of others.
- Do not use our Services to distribute, create, or store unlawful, defamatory, obscene, or offensive material.
- You may not misuse the Service by introducing harmful code (e.g., malware, viruses) into our systems.
Failure to comply with these guidelines may result in suspension or termination of your account.
12. Termination of Service
We reserve the right to suspend or terminate your account if you breach any of these Terms. Upon termination, your access to the Service will be immediately revoked, and you must cease all use of our services.
13. Force Majeure
We will not be held liable for any failure or delay in the performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, government actions, natural disasters, or network outages.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law principles. Any disputes arising from or related to these Terms will be resolved in the courts of the Philippines.
15. California Consumer Privacy Act (CCPA) Compliance
If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA). These rights include the right to access, delete, and request information on the data we have collected about you. For more details, please refer to our Privacy Policy.
16. GDPR Compliance and European Customer Rights
If you are a resident of the European Economic Area (EEA) or the United Kingdom, we are committed to ensuring that your personal data is handled in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
Under the GDPR, you have the following rights concerning your personal data:
- Right to Access: You can request access to the personal data we hold about you.
- Right to Rectification: You can request that we correct any inaccurate or incomplete data.
- Right to Erasure (Right to be Forgotten): You can request that we delete your personal data, subject to certain conditions.
- Right to Restrict Processing: You can request that we limit the processing of your personal data in certain situations.
- Right to Data Portability: You can request a copy of your personal data in a machine-readable format and transfer it to another service provider.
- Right to Object: You can object to the processing of your personal data for certain purposes, such as direct marketing.
If you wish to exercise any of these rights, please contact us at support@heyshophero.com. We will respond to your request in accordance with the timelines set out under the GDPR.
Please note that, if applicable, you also have the right to lodge a complaint with a supervisory authority in your country of residence if you believe that your rights under the GDPR have been violated.
17. Third-Party Integrations
Our Services integrate with third-party service providers, including ClickUp, Google Analytics, Zoho, and others, which may collect, store, and process your data. Please review their respective privacy policies to understand how they handle your data.
18. International Data Transfers
Your personal data may be transferred to and processed in countries outside of your country of residence, including the Philippines. We ensure that appropriate safeguards are in place for the protection of your data when transferred internationally.
19. No Waiver
The failure of HeyShopHero to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it in the future.
20. Indemnification
You agree to indemnify, defend, and hold harmless HeyShopHero and its employees, agents, and partners from any claims, losses, damages, liabilities, or expenses arising from your use of the Service or violation of these Terms.
21. Modifications to the Service
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice, including any feature or content provided as part of the Service.
