Legal notice

Related to heros.io and its applications:
https://play.google.com/store/apps/details?id=heros.io

Information according to § 5 TMG: Andreas Budde Farman-Strasse 53 8152 Glattpark (Opfikon) Switzerland Kontakt: info [at] heros [dot] io

Scope

By using our products, you consent to the following regulations.

Eligibility

You must be at least 18 years old to access or use our services. In case you are under the age of 18 or under the age of the legal majority, in which you live, you may only access or use our Services under the supervision of a parent or legal guardian, who has agreed to this Agreement. If you are the parent or legal guardian of an user under the age of 18 years or the age of the legal majority, you hereby agree to be fully responsible for that user's acts or omissions in relation to our services. In case you access or use our services on behalf of another person or organization, you represent that you are authorized to accept this agreement on behalf of that person or organization and that that person or organization agrees to be responsible to us if you or the other person or organization breaches this Agreement.

Data Privacy

You can find the privacy policy under https://heros.io/privacy

User Content

Our Services may allow you to create, post, store, and share content, including photos, text, and other materials (collectively, called here "User Content"). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content between you and Heros.io. In addition, Heros.io does not claim ownership of any User Content that you post on or through the Services.
You grant Heros.io a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, create derivative works, distribute, perform and display your User Content during the term of this Agreement for the sole purpose of providing the Services to you.

You represent and warrant that:
(i) you have the right to use or otherwise be authorized to use any User Content you modify in or through the Services in accordance with the rights and licenses set out in this Agreement;
(ii) You agree to pay all royalties, fees, and amy other monies owed by reason of User Content you stylize on or through the Services. and
(iii) you have the legal right and ability to enter into this Agreement in your jurisdiction.

You may not create, publish, save, or share any User Content that violates this Agreement or for which you do not have all of the rights necessary to grant us the license described above. Although we are under no obligation to review, edit, or monitor User Content, we can delete or remove User Content at any time and for any reason.
Heros.io is not a backup service, and you agree that you will not rely on the services to back up or store any User Content. Heros.io will not be liable to you for changes, suspensions, or discontinuation of services, or loss of user content.

Prohibited behavior and content

You will not infringe any applicable law, contract, intellectual property or other right of any third party or commit any tort, and you are solely responsible for your conduct while accessing or using our services.

You will not:
- Engage in harassing, threatening, intimidating, predatory or stalking behavior
- Use our services in a way that could disturb, disrupt, negatively influence or prevent other users from using our services to their full extent, or which could damage, disable, overload or impair the functioning of our services in any way
- Reverse engineer any aspect of our services or take steps to discover source code or circumvent measures that are used to prevent or limit access to any part of our services
- Try to access features or areas of our services that you are not allowed to access
- Develop or use third party applications that interact with our services without our prior written consent, including scripts designed to scrape or extract data from our services
- Use our services for any illegal or unauthorized purpose, or engage in, encourage, or promote activities that violate this Agreement You may also only post or otherwise share non-confidential User Content, and you have all necessary rights to disclose it.

You may not create, publish, save, or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent
- constitute, encourage or direct a criminal offense that would violate the rights of any party or otherwise create liability or violate any local, state, national or international law
- May infringe any patent, trademark, trade secret, copyright or other intellectual or property right of any party
- Impersonates, or misrepresents your affiliation with, any person or entity
- Contains any unsolicited promotions, political campaigns, advertisements, or solicitations
- Contains any private or personal information of a third party without their consent
- Contains viruses, corrupted data, or other harmful, disruptive or destructive files or content
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Heros.io or others to any harm or liability of any type

Although we are under no obligation to review, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason.

Copyright, trademark, limited license

Our services and the texts, graphics, images, photos, videos, illustrations, brands, trade names, page headers, button symbols, scripts, service marks, logos, slogans, filters, and other content contained therein (collectively the "Heros.io Content") are owned or licensed to Heros.io and are protected by laws. Unless expressly stated otherwise in this agreement, Heros.io and our licensors reserve all rights to and for our services and the Heros.io content.

You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our services and Heros.io content for your personal use.

However, this license is subject to this Agreement and does not include any right to
(a) sell, resell, or commercially use our Services or Heros.io Content;
(b) Copy, reproduce, distribute, publicly perform or publicly display the content of Heros.io, unless this is expressly permitted by us or our licensors;
(c) modify the Heros.io content, remove any proprietary rights notice or mark, or otherwise derive our services or Heros.io content, except as expressly set out in this Agreement;
(d) use data mining, robots or similar methods to collect or extract data; or
(e) use our Services or Heros.io Content in any way other than as expressly provided in this Agreement.
Any use of our services or Heros.io content not expressly authorized herein is strictly prohibited without our prior written consent and will void the license granted under this Agreement.

You will not remove, modify, or hide any copyright, trademark, service mark, or other proprietary right notices contained in or attached to the Heros.io Content.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Heros.io and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Heros.io Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or in connection with
(a) your access to or our use of our services;
(b) your User Content or Feedback;
(c) your violation of this Agreement;
(d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or
(e) your conduct in connection with our services.

You agree to promptly notify Heros.io parties of any third party claims, to cooperate with Heros.io parties in defending such claims, and to pay all fees, costs and expenses associated with defending such claims (including but not limited to, legal fees). You also agree that the Heros.io parties have control over the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other compensation set forth in a written agreement between you and Heros.io or the other Heros.io parties.

You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Heros.io may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content.

Quality of resulting images

We cannot guarantee the quality of the resulting images and face swaps. Therefore there might be cases where the face swap fails or the character might not look similar compared to the submitted initial photo. It is highly depended on the input images which we cannot control and therefore we cannot guarantee the quality of the results.

Disclaimer

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The author assumes no responsibility or liability for the correctness, accuracy, timeliness, reliability and completeness of the information. Liability claims against the author for material or immaterial nature, are arising from access to, use or non-use of published information by misuse of the connection or technical faults are excluded. All offers are not binding. The author expressly reserves the right to change parts of pages / apps or the entire offer without prior notice, add to, delete or the publication temporarily or permanently, in particular with regard to any paid functionality. This App is provided “as is” without any representations or warranties, express or implied.

Limitation of liability

Heros.io AND THE OTHER Heros.io PARTIES ARE NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY-WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE-FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF Heros.io OR THE OTHER Heros.io PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Heros.io AND THE OTHER Heros.io PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Heros.io or the other Heros.io Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Transfer and processing data

By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.

Liability for links

References and links to third party websites lie outside of our control. It rejected any responsibility for such websites. Access and use of such websites occurs entirely at the user's own risk.

Sale or Merger

In the event that theses apps/website/applications undergoes a business transition (including proposed transactions), like a merger, acquisition by another company, or sale of all or part its assets, we may disclose or transfer all of your information, including personal information, to the successor organization in the transition.

Amendment of Terms

We reserve the right to change the terms at any time. An explicit reference to the changes of the Terms will not occur. The terms of use are self-employed to check periodically for changes.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Final provision

These Terms of Use and the entire legal relationship between users and these applications are subject exclusively to Swiss law. If any provision of the Terms of Use are or become invalid, the validity of the other terms remains unaffected.