Terms of Services

These Terms of Service (the “Terms”) constitute an agreement between VIDEO-HERO LDA. (also referred to as “Company”, “we”, “our” and “us”), an outstanding advertising company located in Portugal, Avenida Engenheiro Adelino Amaro da Costa, Edifício Central Office, nº 189, 2º Piso, Escritório12, 2750-279 Cascais, distrito de Lisboa, concelho de Cascais, freguesia de Cascais e Estoril, and you as a publisher, whether as an individual user or the entity you represent (referred to here as “you” or the “Publisher”), having access to our HeroVideo Service provided at login.herovideo.io (the “HeroVideo Service”).

If you use the Services on behalf of your company, then (i) “you” includes both you and your company, and (ii) you represent and warrant that you are an authorized representative of your company.
The following Terms govern your use of the HeroVideo Platform (hereinafter referred to as “HeroVideo”), which is provided to you subject to your compliance with these Terms and any other operating rules, policies (including, without limitation, our Privacy Statement and Data Processing Addendum for Publishers), and procedures that may be published from time to time on https://herovideo.io/.

By accessing and/or using HeroVideo and the HeroVideo Service, you agree to be bound by these Terms. Since these Terms impose certain legal obligations on you, it is important that you read them carefully. These Terms will remain permanently accessible on HeroVideo, allowing you to access, print, download, and save them at any time. If you do not agree to these Terms, you must not use the HeroVideo. Company reserves the right to suspend or deny access at any time, without prior notice, to Publishers who fail to comply with these Terms.
You must be eighteen (18) years of age or older to use the HeroVideo and the HeroVideo Service. Children under eighteen (18) years old are not permitted to use the HeroVideo and the HeroVideo Service. You represent and warrant that you meet all of these requirements. As we do not intend to process any data from individuals under the age of eighteen (18), please inform us at legal@video-hero.com if you become aware that such individuals may be using our Service.

These Terms are subject to change or modification by Company at any time, without prior notice. You are responsible for reviewing these Terms regularly. We will make commercially reasonable efforts to provide notice of any updates or changes. Any changes to these Terms will not apply retroactively and will not affect disputes or events occurring prior to the publication of the changes.

During the provision of the HeroVideo Service, including HeroVideo, the domain name under which the HeroVideo Service is provided may change, with prior notice. Therefore, you acknowledge and accept this possibility. The conditions outlined in these Terms will remain in full force and effect, regardless of any domain name changes.

DEFINITIONS

The following terms are used in this Terms according to the definitions set below:

“Ad” means advertising content which includes, but is not limited to, video advertisements, display advertisements, advertorials, and sponsorships that are placed on Publisher Properties for marketing purposes.
“Account” means a personal account of the Publisher within the Hero Video Platform registered according to the procedure specified herein in order to gain access to the HeroVideo Service.
“Digital Avatar” means a generative artificial intelligence result created by using computer technology that can generate text-based audio-visual output and is used to visualize, read a text, or voice video content on the Publisher Properties.
“End-User” means a specific natural person who visits the Publisher Properties.
“Generated Video” means a video created by using HeroVideo Platform and the HeroVideo Service.
“Fees” means the fees to be paid to Company for the Services.
“Content” means any available graphic, text, image, and other materials of the Website of the Publisher, access to which is provided to End Users by the Publisher.
“Personal Data” shall have the meaning of this term or any similar term (such as “personal information” or “personally identifiable information”) under the relevant applicable privacy or data protection laws, or where no such laws apply, shall mean any information that by itself or when combined with other information (such as name, address, telephone number, e-mail address, precise geo-location, financial account number, and government-issued identification number) can be used to identify a specific natural person.
“Publisher Properties” means digital advertising inventory available through various sites, applications, and other digitally-accessible platforms, materials, or content that is provided by Publishers.

ACCESS TO THE HEROVIDEO AND THE HEROVIDEO SERVICE

In order to access the HeroVideo and the HeroVideo Service, you will have to create a personalized Account. You must provide a valid email address, and accurate and complete information during the registration procedure and you must safeguard your Account with a reliable password.

For registration purposes, we may ask you for the following information: name, surname, and e-mail; we might also need Your billing address, mailing address, job title, company, phone number, and card or banking details for payment purposes. This data is requested to verify your identity. This data is transmitted via a secure, encrypted server using Transport Layer Security (TLS) encryption, more commonly known as HTTPS, the approved industry standard. We may use your Personal Data to contact You for account purposes. For more information about your Personal Data processing, please visit Our Privacy Statement.

Company provides two types of Accounts for Publishers:
• “Free” Account that is set by default;
• “Paid” Account that can provide Publishers the ability to use and control additional functions. If the Publisher wishes to set up the “Paid” Account, he has to make a formal request to our Support Team at admin@video-hero.com or make it by Upgrading Plan via the HeroVideo.

By accepting these Terms, you acknowledge that we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Account (together referred to as “Accounts”), and you may not be able to opt-out from receiving them. By using the Services, you are granting Company official permission to access your Accounts, profile, and other information (including messages, data, text, graphics, audio, video, or other material posted/uploaded/transmitted to or through the Services), solely in connection with the provision of the Services to you and for the purpose of granting such Services you apply for.

You should never use another person’s Account without permission. You are solely responsible for the activity that occurs on your Accounts, and you must keep access to your Account secure. You are solely responsible for safeguarding your Accounts, so use a strong password and limit its use to the Accounts. Company assumes that anyone logging into your Account, and using your login information is either you or someone logging in with your authorization. If you create the Account, and provide third-party access to the HeroVideo and the HeroVideo Service, you shall be directly responsible for the security of your data and for the actions of such person. Company is not responsible for the actions of any third parties who have gained access to the HeroVideo, and the HeroVideo Service from our Publishers. If there is any breach of security or unauthorized use of your Accounts, you must notify us immediately.

Company will not be liable for any losses caused by any unauthorized use of your Account; however, you may be liable for the losses of Company or its Demand Partners due to such unauthorized use. Company may terminate a Publisher’s access to the Service in case of repeated breaches of security or unauthorized use of the Account or the HeroVideo. We also may refuse any Publisher of access to our Services, at our sole discretion. The Services are not available to the Publisher who has been denied access by Company.

By accepting these Terms in regard the HeroVideo, you agree that Company may request delegated access to your Google Ad Manager account with the ability to delegate to Managed Inventory.
You are responsible for providing the necessary resources and development work to enable Your Publisher Properties to access and interact with the HeroVideo in cooperation with Company and in accordance with the technical integration specifications made available in the HeroVideo. Publisher Properties may be sourced through the HeroVideo in accordance with the configuration settings as made and modified by you using the HeroVideo.

To display through the HeroVideo Ads sourced from external ad servers and networks, or to source through the HeroVideo Publisher Properties from external partners and networks, you must cooperate with Company so that the HeroVideo can properly interact with such external systems, including providing any applicable partner keys or codes and other technical requirements or information to allow (a) the external system to properly provide and track the Ads and Publisher Properties, and (b) the HeroVideo to properly request, receive and track the Ads and Publisher Properties and display the Ads. In regard to the HeroVideo, the said above is available only for “Paid” Account. You acknowledge that Ads will be displayed according to your settings only to the extent made possible by any external ad server or network. You acknowledge that Publisher Properties will be sourced according to your settings only to the extent made possible by any external partner or network. You also acknowledge and agree that Company will not be responsible or liable for (i) any errors by or any functional inability of an external ad server or network to display Ads; (ii) any third-party payments or collections related to such Ads, and you will transact directly with external ad servers and networks for such payments or collections; (iii) any Ads or the content therein; (iv) any errors by or any functional inability of an external partner or network to deliver Publisher Properties; (v) any third party payments or collections related to such Publisher Property, and you will transact directly with external partners and networks for such payments or collections; (vi) any third party’s website(s) or application(s) or the content therein.

THE HEROVIDEO PLATFORM

The HeroVideo Platform enables Publishers to transform text-based content from their respective Publisher Properties into unique, engaging video content. Company provides a comprehensive solution that automatically generates videos for each new article, offering Publishers a new user acquisition channel and additional revenue streams.

Our platform creates video content based on article summaries, narrated by a Digital Avatar, providing End Users the opportunity to watch relevant video content as an alternative to reading text. The Generated Videos are seamlessly integrated into a custom-designed video player, embedded within the corresponding article pages. The video player includes pre-roll, mid-roll, and post-roll Ads, enhancing the Publisher’s revenue from their news website.

The HeroVideo Service is also integrated with leading social media platforms, including YouTube, Instagram, Facebook, and TikTok, enabling Publishers to leverage cross-promotion and traffic acquisition from social networks. This integration expands the Publisher's audience reach and boosts revenue potential.

Within the HeroVideo, there are two types of Digital Avatar:

• Personalized Digital Avatar – а model (a real person) who has provided their biometric data to create a Digital Avatar and assigned to Company all the necessary intellectual property rights.

• Publisher’s own Digital Avatar – а model (a real person) designated by the Publisher for Video Generation exclusively on the websites selected by you who has provided their biometric data to create a Digital Avatar and assigned to the Publisher all the necessary intellectual property.

You agree to provide Company with the required materials solely for the purpose of creating a Digital Avatar of a HeroVideo.

For the purpose of these Terms, the Digital Avatar means a generative artificial intelligence (GAI) result created by using computer technology that can generate text-based voice output and is used to voice or read text or video content on the Internet websites.

You agree and understand that Company uses third-party generative artificial intelligence services (“AI Services”) to process the provided materials and generate demo content.

Please note that the HeroVideo Service uses advanced artificial intelligence technologies and services to deliver these solutions. We create Digital Avatars based on the biometric data of individuals who have lawfully provided their explicit consent for such processing. You are solely responsible for any biometric data you submit and for ensuring that such submission does not violate privacy, publicity, or data protection rights of any person.

We may suspend or refuse Digital Avatar generation if we reasonably believe that biometric data was submitted without the required consent or authorization.

For more information about how we use AI Services and process your data, please refer to our Privacy Statement.

IF YOU DO NOT AGREE TO THE SERVICES THAT ARE CREATED WITH THE HELP OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES, PLEASE DO NOT USE OUR SERVICE.

INTEGRATION WITH PLATFORMS

The HeroVideo Platform is connected with major social network platforms, including YouTube, TikTok, and Instagram. Below, you will find the rules and requirements for interacting with these platforms in accordance with their specific policies.

Regarding YouTube, please note the following points:

To make the Generated Video available and posted on YouTube, Company utilizes Youtube API Services and you by using our HeroVideo, are agreeing to be bound by the YouTube Terms of Service, which are accessible at https://www.youtube.com/t/terms. Additionally, your use of HeroVideo indicates that you agree to Company’s Privacy Policy, which you must accept to access the full features and functionality of the HeroVideo service.

Regarding TikTok:

Once you agree to post the Generated Video in TikTok you should understand and follow the rules and obligations as follows:

1. Before the Generated Video is published in TikTok, you will see a preview. The Generated Video will only be uploaded to TikTok after you have explicitly given your consent to publish it. Before allowing you to post the Generated Video through HeroVideo, you are required to provide your consent before clicking the publish button. Your consent declaration clearly states: "By posting, I agree to TikTok's Music Usage Confirmation".
2. If you would like to post some advertising or any other promo materials, there are a few options which TikTok proposes to use: Once you are about to publish Your Brand (means your own advertising), then the Generated Video will be labeled as “Promotional content”. Once you are about to publish third parties advertising “Branded Content” then Generated Video will be labeled as “Paid partnership”. If both the above options are selected by you, a prompt will state, " The Generated Video will be labeled as “Paid partnership".

Please, note, that the branded content can't be private. When only "Your Brand" is checked, the declaration should be the same as mentioned above: "By posting, you agree to TikTok's Music Usage Confirmation." When only "Branded Content" is checked, the declaration should be changed to: "By posting, you agree to TikTok's Branded Content Policy and Music Usage Confirmation."

Additionally, when both options are selected by you, the declaration should be: "By posting, you agree to TikTok's Branded Content Policy and Music Usage Confirmation.".

Taking into account the above, please familiarize with the terms of TikTok such as TikTok's Branded Content Policy and Music Usage Confirmation." at least.

Please note that after publishing the Generated Video in TikTok, it may take a few minutes for the Generated Video to process and be visible on your TikTok profile.

Regarding Instagram:

Before you would like to publish the Generated Video on Instagram, you should have a Business or Creator accounts type of Instagram Account. The Instagram API that we use is only available for Instagram professional accounts.

You may authorize with Instagram within HeroVideo using your Instagram Login or with Facebook Login or with Messenger.

Instagram Login allows you to access data in your Instagram Business and Instagram Creator accounts. This API allows to send and receive messages from businesses and creators to Instagram users interested in their business or media, get and publish their media, manage and reply to comments on their media, and identify media where they have been @mentioned by other Instagram users. Requires an Instagram Business or Creator Account.

Facebook Login allows users to access data in their Instagram Business and Instagram Creator accounts that are linked to a Facebook Page. The API can be used to get and publish their media, manage and reply to comments on their media, identify media where they have been @mentioned by other Instagram users, find hashtagged media, and get basic metadata and metrics about other Instagram Businesses and Creators.

Requires an Instagram Business or Creator Account linked to a Facebook Page.

Messenger allows Instagram professional accounts to manage users’ Instagram and Facebook Page messages using one platform. The API can be used to send and receive messages from Instagram and Facebook users. Requires an Instagram Business or Creator Account linked to a Facebook Page.

The Instagram Basic Display API allows users to get basic profile information, photos, and videos in their Instagram accounts. The API is intended for non-Business and non-Creator Instagram users.

GENERAL PUBLISHER REQUIREMENTS

By accessing the HeroVideo you confirm that you are legally authorized to access your Publisher Properties used for Ads and agree to:

• install and use Company’s JavaScript code on your Publisher Properties at all times that you publish ads through the HeroVideo;

• accept and confirm that Ads will be programmed to go live on your Publishers Properties automatically without your involvement;

• accept Company’s terms for the release of statistical information (you understand and agree that such statistics are estimates only and are subject to revision for reasons that include but are not limited to processing errors or the discovery of fraudulent actions and that updates of statistics are generally released, but not guaranteed for, several times a day);

• notify us via email if you wish to deactivate your Account;

• accept Company’s terms of payment, cashouts, and the like, as described in the Account registration process on the HeroVideo and in these Terms;

• warrant that all the Personal Data would be processed by the Publisher Properties lawfully, meaning with the form of consent required by law, informed by clear and accessible privacy notices and protecting the Personal Data at a level of security corresponding to the risk and security of the Personal Data;

• provide the Publisher Properties’ End-Users with notice regarding their relationship with any third-party advertising networks;

• strictly abide by the Data Processing Addendum for Publishers, being an integral part hereof.

• By accessing the HeroVideo Publisher undertakes not to integrate into the HeroVideo Publisher Properties:

• traffic that was generated by utilizing any of the following methods: listings on newsgroups, unsolicited bulk commercial e-mailings, instant messenger postings, chat room postings;

• traffic that was generated by any fraudulent method such as robots, spiders, auto-spawning browsers, auto reloading, meta refreshes, or any other form of fraudulent and artificial traffic;

• traffic that contains materials that are deemed offensive or illegal in nature. This includes but is not limited to, websites promoting gambling, mp3, warez, EMU, ROM, or pornographic materials;

• traffic that contains any materials promoting, justifying, or supporting war and/or armed invasion by the Russian Federation and Belarus into Ukraine including a display of war/invasion symbols.
  Any method that artificially generates impressions on Publisher Properties is strictly prohibited. These prohibited methods include but are not limited to: (i) repeated manual impressions; (ii) incentives to generate impressions; (iii) robots; (iv) automated impression-generating tools or other deceptive software.
  During using the HeroVideo Service, and the HeroVideo the Publisher undertakes not to:

• upload, post, email, or otherwise transmit any viruses or other computer code that may interrupt, destroy, or limit the functionality of the HeroVideo, or interfere with the access of any user of the HeroVideo;

• circumvent, disable, or otherwise interfere with any security-related features of the HeroVideo;

• attempt to probe, scan or test the vulnerability of the HeroVideo or any Company network or system;

• breach, impair, or circumvent any security or authentication measures relating to the HeroVideo;

• attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of the HeroVideo; or

• encourage or instruct any other individual or organization to do any of the foregoing.

You will ensure that each of your Publisher Properties contains: a privacy policy that discloses the usage of all and any third-party technology and data transfer; and the data collection and usage resulting from the Services; contains a valid opt-out/opt-in option (as required by the Applicable Laws of certain jurisdictions), a mechanism to obtain, with respect to the use of the Services, End-Users’ prior and informed consent to the usage of third-party technology.
You will ensure that none of your Publisher Properties infringes the intellectual property rights of any third parties. Company reserves the right to make adjustments to the Publisher’s Collected Revenue in the event of an alleged breach of the intellectual property rights of any third parties by any of the Publisher Properties if any respective claims, including the right of chargeback within 90 (ninety) days after the end of the respective month. Access to the the HeroVideo is subject to prior approval by Company. Company reserves the right to refuse the HeroVideo Service to any new or existing Publisher, at its sole discretion, if it deems the violation of these Terms or Data Processing Addendum for Publishers.

PAYMENTS AND TAXES

All payments made in connection with the use of the HeroVideo are made depending on the type of Account chosen by the Publisher.

We offer two types of Accounts: “Free” Account and “Paid” Account.

“Free” Account

If the Publisher registers a “Free” Account, the Publisher may access and use only those features of the HeroVideo Service that are made available free of charge. The scope of functionality for Free Account is limited and may be changed or discontinued by us at any time at our discretion.

“Paid” Account

If the Publisher selects a “Paid” Account, the Publisher will gain access to additional features and functionalities that are not available under the Free Account. The list of services available under the Paid Account, as well as the respective prices, will depend on the specific type and scope of services the Publisher chooses in the account dashboard.
The applicable prices and detailed scope of services will be specified in a separate agreement to be concluded with Publisher in addition to these Terms. The detailed description of the features offered under each type of Account is available on our website.

Billing and Reporting

All activity, usage data, service consumption, and applicable charges under the Paid Account will be reflected in the Publisher’s Aaccount dashboard. The Publisher is responsible for regularly reviewing activity reports and ensuring the accuracy of the information displayed in the dashboard.

All payments between Company, and the Publisher with a “Paid” Account are made via wire transfer according to the bank details provided in the specific agreement. The Publisher is responsible for updating all information provided for payment purposes (such as contact information, payment amounts, credit card numbers and expiry dates, and wire information, if applicable).

All payments are made in Euros. When the Publisher uses a currency other than the Euros for each payment period, Company updates the exchange rate statistics on the payment day. For currency conversion operations please refer to Open Exchange Rates (https://openexchangerates.org/).

Company assumes no obligation or responsibility for any relationship (financial or other) between you and your Demand Partners (if you are cooperating directly) or any other third parties related to your use of the HeroVideo.

You are responsible for all duties, tariffs, and taxes related to your use of the HeroVideo Service, except for taxes on income paid or payable by us. You may charge, and we will pay the appropriate national, state, or local taxes or value-added taxes that you are legally obligated to charge (“Taxes”), provided that such Taxes are stated separately in the original invoice that you provide us and this invoice meets the requirements for a valid tax invoice. We can provide you with a certificate of exemption from the relevant taxes or equivalent information that is acceptable to the relevant tax authority, in which case you will not charge and/or levy the taxes covered by such a certificate. We may deduct (withhold) any Taxes that we may legally withhold from any amounts payable to you under these Terms, and such payment to you as reduced by such deductions or withholdings will constitute full payment to you of amounts payable under these Terms. You agree to provide Company with any forms, documents, or certifications as may be required to satisfy any information reporting or withholding tax obligations with respect to any payments made under these Terms. Each party of these Terms will be responsible, as required under applicable Laws, for identifying and paying all Taxes and other governmental fees and charges (penalties, interest, and other additions thereto), imposed on that party in connection with the transactions and payments made under these Terms.

SUSPENSION AND TERMINATION OF ACCOUNT

You can delete your Account at any time by providing Company with written notice that you wish to do so. Without limiting any other remedies available to Company, if Company believes that you are in breach of these Terms or Data Processing Addendum for Publishers or violate intellectual property rights of third parties, Company reserves the right to limit, suspend or terminate your access to the or HeroVideo Service and the Account in its sole discretion with the prior notice. Company has no obligation to provide you with any confirmations of the alleged breach.

You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to admin@video-hero.com . You will be responsible for ensuring the delivery of the notice to Company. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Company emails. Company has no obligation to store any data or files being part of your o Account for more than one hundred and eighty (180) days after the termination of your access to the respective Accounts as well as to the Services.

PRIVACY STATEMENT AND DATA PROCESSING

Company agrees to protect your personally identifiable information as described in the Privacy Statement available on the HeroVideo or our website at https://herovideo.io/. Please read our Privacy Statement carefully for information on how Company collects, uses, processes, and discloses your personally identifiable information.

We are committed to protecting your privacy. Authorized employees within Company on a need-to-know basis only use any information collected from individuals. We constantly review our systems and data to ensure the best possible service to you. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Company processes Personal Data provided by users and End-Users for the purposes described in its Privacy Statement. The Privacy Statement does not apply to your content. User shall inform its employees, End-Users, and other third parties of such possible processing of their Personal Data by Company and shall provide them with all information necessary in order to ensure that Company complies with its notice obligations under applicable data protection and privacy laws. Along with these Terms, you agree to the Data Processing Addendum for Publishers to all and any data transfers resulting from your use of the HeroVideo and the HeroVideo Service provided by Company.

INTELLECTUAL PROPERTY

The the HeroVideo, and the HeroVideo Service are protected by copyright, trademark, and treaties around the world. Nothing in these Terms gives you the right to use our name or any of the Company trademarks, logos, domain names, or other distinctive features. All rights reserved. You should respect the industrial and intellectual property rights of Company and third parties.

Company’s logo, HeroVideo logo, https://herovideo.io/, Digital Avatars (only those that we provide via our Services to you), and other marks, graphics, logos, scripts, page headers, and sounds are and remain trademarks of Company. None of the Company trademarks may be copied, imitated, used, downloaded, or otherwise reproduced without our prior written permission.

You acknowledge and agree that all right, title, and interest in and to the aforementioned assets, including derivative creations, is the exclusive property of Company and/or its licensors, and is protected by applicable intellectual property and other laws. It’s prohibited to use any part of the information, the content, or material on the HeroVideo for commercial purposes without obtaining a license to do so from Company or its licensors. If you use, copy, or download any part of the HeroVideo in breach of these Terms, your right to use the HeroVideo, and the HeroVideo Services will cease immediately.

When Company provides Personalized Digital Avatar via our Services to you, Company represents and warrants that it has obtained all necessary rights, permissions, and valid consent from the individual(s) whose performance or voice and other biometric data is embodied in the Digital Avatars, in accordance with applicable laws, including data protection and copyright legislation.

Using the HeroVideo, you don’t have, nor will you claim any right, title, or interest. You are granted no license to the trademarks, logos, copyrights, patents, trade secrets, or other intellectual property rights that are owned or controlled by Company and made available to you in any manner. However, you may be granted a license, or you might even grant a license if it is the case, according to the specific terms.

You should immediately inform Company, through any of the contact ways referred to in these Terms, of any violation of intellectual or industrial property rights you may be aware of, and fully cooperate in the defense of such rights.
Company shall have the ability to use your name, trade name, and trademark (if applicable) and describe your business in Company marketing materials and on our HeroVideo, but only with prior notice and written agreement from you.

Your License Rights Granted

When you use the Publisher’s own Digital Avatar, you retain all intellectual property rights, related rights, and moral rights in and to the materials provided to Company (hereinafter - Delivery Materials). Nothing in these Terms shall be construed as a transfer of ownership of the Delivery Materials.

You represent and warrant that you have obtained all necessary rights, permissions, and valid consent from the individual(s) whose performance or voice and other biometric data is embodied in the Delivery Materials, in accordance with applicable laws, including data protection and copyright legislation.
You further warrant that the provision of the Delivery Materials and the license granted herein do not infringe any third-party rights. You shall indemnify and hold harmless Company against any claims arising from a breach of this warranty.

You acknowledge that the Delivery Materials, as well as any derivatives of them, are protected under European copyright and neighboring rights laws.

Company acknowledges and respects the performer’s moral rights, including the right of attribution and the right to object to any distortion, modification, or other derogatory action in relation to the Delivery Materials. Company shall not reproduce, distribute, modify, or use the Delivery Materials beyond the limited license expressly granted herein.

Any AI-generated outputs (demo) shall be used solely for internal demonstration purposes and shall not be commercialized, disclosed publicly, or used for AI training without your prior agreement. You agree that the processing of the Delivery Materials shall be conducted in full compliance with the Regulation (EU) 2024/1689 (AI Act).

Company hereby warrants that We shall not authorize, instruct, or allow the AI Services to:

• use the Delivery Materials for training or improving AI models, unless expressly authorized in writing by the Company;

• retain the Delivery Materials beyond the necessary period for Digital Avatars creation.

Company shall implement reasonable technical and organizational measures within its control to protect the Delivery Materials, including honoring your right to withdraw consent at any time. For clarity, Company shall not be responsible for independent actions or processing carried out by third-party AI Services providers beyond our reasonable control.

Any AI-generated outputs shall be clearly identified as AI-generated content.

Your explicit written consent is required for any use of the Delivery Materials or derived Digital Avatar outside the scope defined in these Terms or any related agreements.

You hereby grant Company a limited, non-exclusive, non-transferable, revocable license to:

• use the Delivery Materials exclusively for generating and presenting one or more demo and/or Digital Avatars videos to you related to the HeroVideo;

• store and process the Delivery Materials using internal tools and technologies necessary for such demo and/or and Digital Avatars creation.

License Territory: worldwide, solely for the internal purposes stated herein.
License Term: valid only for the duration of the Agreement and shall automatically terminate upon expiry or termination of the agreement. Upon termination, Company shall delete the Delivery Materials and all derived content as provided herein.

Company shall not use the Delivery Materials, demo, and/or Digital Avatars for any commercial, advertising, public distribution, production, or monetization purposes, or any content made publicly available, training AI models, or voice cloning for unrelated purposes, or commercial deployment without your prior written consent.

Company hereby warrants to delete all copies of the Delivery Materials, such demo and/or Digital Avatar, and any media derived from it if you decide not to proceed with further cooperation related to the HeroVideo, or make a request to withdraw the Delivery Materials.

Any feedback, comments, or suggestions you may provide regarding Company, the HeroVideo, or the HeroVideo Service are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

NOTICE OF INFRINGEMENT

If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or appearing on the HeroVideo Service and the HeroVideo have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512I of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

a. identification of the copyrighted work that is claimed to be infringed;
b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the HeroVideo Service and the HeroVideo;
c. information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
d. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
e. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: Avenida Engenheiro Adelino Amaro da Costa, Edifício Central Office, nº 189, 2º Piso, Escritório12, 2750-279 Cascais, distrito de Lisboa, concelho de Cascais, freguesia de Cascais e Estoril; or by e-mail to legal@video-hero.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the HeroVideo Service who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, at our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail, or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

DISCLAIMERS AND WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE HEROVIDEO, AND SERVICES IS AT YOUR SOLE RISK. THE HEROVIDEO, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE HEROVIDEO SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, AND RELIABILITY OF THE HEROVIDEO SERVICE, THE HEROVIDEO OR ANY OF THEIR CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM CAUSED BY YOUR ACCESS OR USE OF THE HEROVIDEO SERVICE AND HEROVIDEO, OR ANY CONTENT THEREIN; (III) THE DELETION OF, OR THE FAILURE TO TRANSMIT ANY DATA, CONTENT AND OTHER COMMUNICATIONS SUPPORTED BY THE HEROVIDEO SERVICE OR THROUGH THE THE HEROVIDEO; AND (IV) WHETHER HEROVIDEO SERVICE OR HEROVIDEO WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY COMPANY, ITS EMPLOYEES, OR OTHER REPRESENTATIVES CONSTITUTES A WARRANTY.

BY ACCEPTING THESE TERMS, THE USER WARRANTS AND GUARANTEES TO COMPANY THAT:

1. THE USER IS NOT SUBJECT TO ANY SANCTIONS OF THE EUROPEAN UNION, THE UNITED STATES, OR THE UNITED NATIONS;

2. THE USER SHALL COMPLY WITH ALL APPLICABLE TRADE, ECONOMIC, AND FINANCIAL LAWS AND REGULATIONS, INCLUDING THOSE ADMINISTERED AND ENFORCED BY SWITZERLAND, THE UNITED STATES, THE EUROPEAN UNION, AND RELEVANT MEMBER STATES, THE UNITED NATIONS SECURITY COUNCIL, AND ANY OTHER GOVERNMENT BODIES WITH JURISDICTION RELEVANT TO THIS AGREEMENT (COLLECTIVELY, “SANCTIONS“);

3. THE USER IS NOT LOCATED IN THE RUSSIAN FEDERATION AND BELORUSSIA NOR ANY ENTITY OF THE USER IS INCORPORATED, REGISTERED, OPERATED, OR FOUNDED BY THE RESIDENTS OR CITIZENS OF THESE COUNTRIES;

4. NEITHER THE USER NOR ITS SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES IS LOCATED IN, OR IS A RESIDENT OR NATIONAL OF, ANY COUNTRY THAT IS SUBJECT TO AN EXPORT EMBARGO, NOR IS IDENTIFIED ON ANY SANCTIONS LISTS, NOR IS OWNED OR, WHERE RELEVANT UNDER SANCTIONS, CONTROLLED BY THE SAME;

5. IT WILL NOT, DIRECTLY OR INDIRECTLY, ENGAGE IN ANY UNAUTHORIZED BUSINESS OR DEALINGS WITH ANY PERSONS UNDER SANCTIONS OR OTHERWISE ENGAGE IN ANY ACTIVITIES PROHIBITED BY SANCTIONS. IT SHALL PROMPTLY NOTIFY COMPANY OF THE OCCURRENCE OF ANY FACT OR EVENT THAT WOULD RENDER ANY REPRESENTATION OR WARRANTY IN THIS SECTION INCORRECT OR MISLEADING;

6. IN THE EVENT THAT, AFTER ACCEPTING THESE TERMS, THE USER HAS REASONABLE GROUNDS TO BELIEVE THAT ANY OF THE FOREGOING WARRANTIES AND REPRESENTATIONS MAY NO LONGER BE TRUE OR HAVE BEEN BREACHED, THE USER SHALL IMMEDIATELY NOTIFY COMPANY IN WRITING.

7. WE MAY IMMEDIATELY TERMINATE THE PUBLISHER’S ACCOUNT IN CASE OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY IN THIS SECTION OR IF WE REASONABLY DETERMINE THAT IT CAN NOT PERFORM ITS OBLIGATIONS HEREUNDER DUE TO SANCTIONS-RELATED PROHIBITIONS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE HEROVIDEO SERVICE AND/OR HEROVIDEO; (II) THE COST OF PROCUREMENT OF SUBSTITUTE THE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE AND THE HEROVIDEO; (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HEROVIDEO SERVICE; (V) INACCURACIES, MISTAKES OR ERRORS OF THE CONTENT; (VI) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THOUGH THE SERVICE BYS A THIRD PARTY; OR (VII) ANY OTHER MATTERS RELATING TO THE HEROVIDEO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR AGENTS, WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
IF FOR ANY REASON THIS LIMITATION OF LIABILITY IS DEEMED ILLEGAL, UNENFORCEABLE, OR INAPPLICABLE, YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED EUROS ( €100).

FORCE MAJEURE

In addition to applicable disclaimers stated above, our performance under these Terms is excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control, including any government, war, or other hostility, civil disorder, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

INDEMNIFICATION

You hereby agree, at your own expense and by own efforts, to indemnify, defend, and hold harmless Company, its employees, consultants, agents, and representatives from all and any losses, damages, claims, alleged claims, suits, action, or administrative procedures, arising from or related to your use the Services or access to them, or your violation of these Terms.

Company agrees to defend, indemnify and hold harmless you, your affiliates, and their respective principals, directors, officers, employees, and agents from and against any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred as a result of any claim, judgment or proceeding relating to or arising out of Company’s breach hereof; breach of any representations, warranties, obligations, and/or covenants made herein by Company; Company’s gross negligence, willful misconduct or fraudulent actions.

Indemnified party shall promptly notify the indemnifying party in writing after it becomes aware of any such claims, but failure to give such notice shall not relieve the indemnifying party of its indemnity obligations hereunder unless the Indemnifying party has been materially prejudiced by such failure. The indemnifying party shall have exclusive control over the settlement or defense of such claims or actions, except that the indemnified party may appear in the action, at its own expense, through counsel reasonably acceptable to the indemnifying party, only in the event it is mutually determined by the parties that an actual conflict of interest would exist by indemnifying party’s representation of indemnified party and indemnifying party in such action.

The indemnified party will, if requested by the indemnifying party, give reasonable assistance (in a manner consistent with the parties’ respective confidentiality obligations and preservation of attorney/client, work product, and other privileges) to the indemnifying party in defense of any claim. The indemnifying party will reimburse the indemnified party for any reasonable attorney expenses directly incurred from providing such assistance. The indemnifying party shall be entitled to retain all monetary proceeds, attorneys’ fees, costs, and other rewards it receives as a result of defending or settling such claims. The indemnifying party will have the right to consent to the entry of judgment with respect to, or otherwise, settle, an indemnified claim with the prior written consent of the indemnified party unless such judgment materially prejudices or obligates the indemnified party, at which point the indemnified party shall be consulted before the matter is finalized. In the event indemnifying party fails to promptly indemnify and defend such claims and/or pay indemnified party’s expenses, as provided above, the indemnified party shall have the right to defend itself, and in that case, the indemnifying party shall reimburse an indemnified party for all of its reasonable attorneys’ fees, costs, and damages incurred in settling or defending such claims within thirty (30) days of each of indemnified party’s written requests.

GOVERNING LAW

These Terms, all the documents incorporated herein by reference, and any disputes that might arise between You and Company shall be governed by and construed by the laws of Portugal, without regard to conflict of law provisions.

All disputes related to these Terms and all the documents incorporated herein by reference will be brought and reviewed solely in the federal or state courts located in Portugal.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ASSIGNMENT AND SEVERABILITY

Company may transfer or assign these Terms or any rights, obligations, and licenses granted hereby, in whole or in part, to any person or entity at any time, and is not required to provide you with notice of such assignment. You may not transfer or assign any rights or obligations you have hereunder without Company’s prior written permission and any unauthorized assignment and delegation by you are null and void.

The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provisions hereof, and any such invalid or unenforceable provision is deemed to be severable. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision will be eliminated and the other provisions hereof remain in full force and effect. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

CONFIDENTIALITY

Confidential information will include all information marked as “Confidential,” “Proprietary,” or similar legend by the disclosing party (“Discloser”) when given to the receiving party (“Recipient”); and information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary (“Confidential Information”). Without limiting the foregoing, Discloser and Recipient agree that each Discloser’s contribution to the Services consumption details shall be considered such Discloser’s Confidential Information. The Recipient will protect Confidential Information in the same manner that it protects its own information of a similar nature but in no event with less than reasonable care. Recipient shall not disclose Confidential Information to anyone except an employee, agent, affiliate, or third party who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section. The Recipient will not use Discloser’s Confidential Information other than as provided herein.

You agree to keep all communications exchanged between You and Company and all of its terms, numbers, and information, confidential, and not disclose any of it to any third party, except on a confidential basis to an employee, agent, client, or partner who has a legitimate need to know to enable You to perform hereunder, and who is subject to these non-disclosures and use restrictions. You agree to keep all and any information that is given by Company confidential, including but not limited to information about keywords, costs, conversions, and any other statistics, that are not publicly available, unless otherwise approved by Company. You undertake to protect the Confidential Information of Company in the same manner that You protect Your own confidential and proprietary information, but in no event shall such protection be less than a reasonable standard of care.

The foregoing obligations will not restrict You from disclosing Confidential Information of Company pursuant to a court order from a court of competent jurisdiction, provided You give us reasonable prior written notice so that we may contest such order and in the event that disclosure is required, only disclose the portion of Confidential Information that Your legal counsel advises is legally required.

You acknowledge that Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow Company to store electronic communications on its servers. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.

NOTICES

All notices, consents, and approvals required or permitted to be given hereunder shall be delivered in writing to the address provided by the Publisher in its Account either by hand, by courier, by facsimile, or by electronic mail (whichever applies).

Notice will be deemed to have been received and effective: (a) at the time of delivery if delivered personally or by courier, (b) if delivered by facsimile transmission when the appropriate telecopy confirmation is received; (c) upon the receipt of the electronic transmission by the server of the recipient when transmitted by electronic mail, or (d) within three (3) days after deposit with an internationally recognized express delivery service.

You may change the address to which notices, requests, demands, claims, invoices, and other communications hereunder are to be delivered by giving Company notice in the manner herein set forth.

MISCELLANEOUS

All the parties hereto are independent contractors. Nothing in these Terms shall be construed to create a joint venture, partnership, or agency relationship between the parties. Neither party has any authority of any kind to bind the other in any respect whatsoever and neither party shall make any contracts, warranties, or representations or assume or create any other obligations, express or implied, in the other party’s name or on its behalf.

The prevailing party in any legal action, including arbitration, brought by one party against the other and arising out of these Terms shall be entitled, along with any other rights and remedies it may have, to reimbursement for its expenses, including court fees and reasonable attorney’s fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.