RevHERO Terms of Service
- General Terms
- Privacy Notice
Please note: you must be 18 years of age or older to use the RevHERO Services.
IF YOU ARE USING YOUR EMPLOYER’S EMAIL ADDRESS TO USE THE RevHERO SERVICES, PLEASE NOTE THAT YOU ARE DEEMED AN AUTHORIZED REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER.
GENERAL TERMS
1. Definitions
“Account” means the primary means for accessing and using all RevHERO Services. All Accounts must be on a selected Plan and must pay a Fee to access or use the RevHERO Services.
“Administrator” means a User(s) of an Account which the Client has granted a special authorisation to manage the Client Account.
“Affiliates” means any legal entity that controls or owns more than 50% (fifty percent) of an entity’s outstanding voting interest, or is controlled by, or under common control, with a party to this Agreement.
“Agreement” means these Terms of Service and any links therein.
“Beta Testing” means any functionality of RevHERO Services that is in development or has not been commercially released as a final product and which RevHERO has made available to Client for testing and evaluation.
“Billing Period” means the time frame for which you agree to prepay fees for the Plan you choose to access or use RevHERO Services.
“Client” means a natural or legal person or entity who has accepted these Terms with RevHERO by using the RevHERO Services.
“Client Data” means data of any kind (images, spreadsheets, text files, etc.) and any other digital data and information put on, inserted and/or used on the Platform by the Client. Client Data shall not contain Sensitive Information.
“Content” means any data and information available through or inserted on the RevHERO Services or contained within the structure of the RevHERO Services, including but not limited to sales materials, articles, brochures, presentations, pictures, images, audiovisual works, or other informational materials.
“Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of the RevHERO Services.
“Data Processing means how RevHERO processes Client Data. When providing the Services, RevHERO may collect, process, and gain access to personal data of individuals on behalf of Client. From a data protection perspective, Client will be the Data Controller, and RevHero will be the Data Processor.
“Feature” means a function or set of functions providing a particular capability within the RevHERO Services as determined by RevHERO and as further governed by any applicable Supplemental Terms which may be added from time to time, as needed.
“Fee” means regular payment for using the RevHERO Services via an activated Account.
“Feedback” means any comment, bug report, feedback, suggestion or modification for the RevHERO Services which Client or a User provides to RevHERO.
“Free Trial” means temporary access for the purposes of trying out any part of the RevHERO Services or Features in accordance with any selected Plan without paying a Fee. Free Trials may or may not be offered at any given time.
“General Terms” means these core legal and commercial terms that apply to Client’s use of RevHERO Services.
“Non-RevHERO Application” means a web-based, mobile, offline or other software application functionality that interoperates with the RevHERO Services, that is provided by Client or a third party.
“RevHERO” means RevHERO LLC.
“RevHERO Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the Content, code, data, and all other elements of the RevHERO Services.
“RevHERO Services” means the Web Site, Content, RevHERO Materials, Platform and all other content, services and/or products, and Features, available on or through the RevHERO Platform.
“Plan” means various options related to the use, functionality and cost of RevHERO Services and on which the Fee is based.
“Plan Term” means the period of time the Client’s use of the RevHERO Services commences and expires. Plans may be changed, updated, or removed and replaced with other plans from time-to-time.
Personal Data means any information relating to an identified or identifiable individual where such information is contained within Client Data and is protected similarly as personal data, personal information or personally identifiable information under all applicable Data Protection Laws.
“Platform” means the RevHERO sales automation platform, including any associated Features.
“Privacy Policy” means the RevHERO Privacy Policy as set forth at https://www.revhero.io/privacy-policy/, which describes how RevHERO collects, receives, uses, stores, shares, transfers, and processes Client Data in connection with Client’s use of the RevHERO Services.
“Renewal Date” means the date the Client’s Plan will automatically renew on an annual or monthly basis depending on the Client’s chosen Plan.
“Sensitive Information” means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
Send Limits means the number of emails, texts or other reach outs a user may send and is dependant on the third party being used, not by RevHERO Services
“Terms” means these Terms of Service and consists of the General Terms, and the Privacy Policy.
“Third Party” means any user, Client, individual, agent or business that is not employed by RevHERO or doing business as RevHERO.
“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the RevHERO Services.
“User” means an individual a Client authorizes to use the Plan on the Client’s behalf.
“Us” means RevHero, LLC
“Web Site” means the compilation of all web documents (including images, php and html files) made available via www.RevHERO.io, its subdomains or domains with identical names under other top domains, and owned by RevHERO.
2. MODIFICATIONS TO TERMS
3. RevHERO SERVICES
(A) Use of the RevHERO Services
Subject to these Terms and the payment of the applicable Fee, RevHERO grants Client and its Users a non-exclusive, non-transferable, non-sublicensable license to use the RevHERO Services to:
- collect, store and organize Client Data;
- modify and delete Client Data; and
- customize the standard Features or functionality of the RevHERO Services.
(B) Administration of Client’s Plan
Client acknowledges that it retains administrative control over to whom it grants access to Customer Data hosted in the RevHERO Services. Client may specify a User to be the billing owner and, depending on the Plan, one or more Users to be an Administrator to manage its Plan, and RevHERO is entitled to rely on communications from an Administrator when servicing Client’s Plan. Client’s Administrator(s) may have the ability to access, monitor, use, and/or export Customer Data.
(C) Credentials
Client is responsible for maintaining the confidentiality of all Credentials and is solely responsible for all activities that occur with such Credentials. These Credentials must not be shared or used by multiple persons, but may be reassigned to a new User replacing a former User who has terminated employment, changed job function, or who no longer will be using RevHERO’s Services. RevHERO reserves the right to terminate any User’s Credentials that RevHERO reasonably determines may have been used by an unauthorized third party or in an unauthorized manner, as solely determined by RevHERO, and will provide immediate notice of such termination to Client.
To help ensure the security of your Account, Client understands and agrees that RevHERO may require you to provide information that may be used to confirm your identity and/or User. In the event that the Client loses access to a Plan or otherwise requests information about an Account, we reserve the right to request from the Client any verification we deem necessary before restoring access to or providing information about the Account.
(D) Changing Plans
Client may upgrade or downgrade a current Plan at any time by selecting a new Plan among the Plans currently offered by RevHERO. The Client’s credit card on file with RevHERO will then immediately be charged for the next payment interval with the new rate stipulated in the new Plan.
- If the Client elects to upgrade their Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the upgraded Plan.
- If, after the commencement of a Plan Term, Client elects to downgrade their Plan to a lower Plan, then, Client agrees Client understands this may cause a loss of features, functionality, as well as a loss of Client Data.
- No refund of any prepaid or outstanding Fees will be provided to the Client for the price difference between Plans in the event the Client elects to downgrade after the commencement of a Plan Term.
(E) Support
RevHERO shall provide reasonable technical support to Client and its Users via the following options as outlined below, as soon as reasonably possible.
- RevHERO Knowledge Base – available to all Users
- Chat – available to all Users, via their RevHERO Account
- Phone – Users on certain Plans can request a call back from support via their RevHERO Account
- If you are having trouble logging in to your RevHERO account, you can reach out to us at support@RevHERO.io
(F) Free Trial
If RevHERO offers a Free Trial, then a new Client may be entitled to try RevHERO’s Services on a trial basis for free for a limited period of time. You will be required to provide credit card information prior to the Free Trial period as well as pick a Plan should you want to use RevHERO’s Services past the expiration of the Free Trial. Upon expiration of the Free Trial period, the Account will be automatically charged for the selected plan if the Account is not canceled within the Free Trial period. If the Client does not continue to use RevHERO’s Services, then RevHERO has the right to permanently delete the Account. RevHERO may offer special discounts and promotions, from time to time, at RevHERO’s sole discretion which may be subject to additional terms and conditions.
(G) Beta Testing
RevHERO may offer certain Clients certain Features for the purpose of testing and evaluation. This is called Beta Testing. RevHERO reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Testing features, with or without notice to the Client. The Client agrees that RevHERO will not be liable to the Client or to any third party, for any reason, for any harm related to or arising out of the Client’s use of the Beta Testing, or caused by the modification, suspension or discontinuance of any of the Beta Testing, including any AI Beta Testing.
(H) Features
RevHERO may, from time to time, make Features available through the RevHERO Services which may be subject to Supplemental Terms, which will be added to the Terms from time to time. The Client’s use of any such Feature is subject to any such applicable Supplemental Terms.
(I) Modifications to RevHERO Services
RevHERO reserves the right to modify the RevHERO Services or any part, feature, or element thereof from time to time without prior notice, including, without limitation:
- rebranding, repackaging or repricing (including any adjustments to current Fees which will be applicable at the next Plan renewal date) the RevHERO Services at its sole discretion;
- discontinuing any particular RevHERO Service, Feature, part or element of the Platform, temporarily or permanently;
- taking such action as is necessary to preserve RevHERO’s rights upon any use of the RevHERO Services that may be reasonably interpreted as violation of RevHERO’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, or other destructive activities or illegal activity.
As applicable, Clients may be notified of such modifications via email or when logging into their account.
If the Client does not accept a modification, Client shall notify RevHERO before the effective date of the modification, and Client’s Account will then terminate on the effective date of the modification. However, Client’s continued use of the RevHERO Services, or any part thereof, after the effective date of a modification shall indicate its consent to the modifications. RevHERO shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the RevHERO Services, or any part or element thereof.
4. FEES / PAYMENT
The use of the RevHERO Services, when not via a Free Trial, is subject to a Fee. Upon sign-up, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged, in advance, on a monthly, or annual basis. RevHERO reserves the right to modify the Fees for any Plan, or the Plans themselves, in its reasonable discretion, at any time. Increases will not take place until the renewal dates of your Plan, which could be monthly or annually. We will notify your Account Administrator via email at least 30 days prior to your renewal of the increased fees. If you do not agree to the increase, you may choose to terminate your Plan or choose another Plan.
Client authorizes RevHERO to automatically charge Client the applicable Fees on or after the Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. If a Client wishes to reduce the number of Users, it must do so prior to the Renewal Date. Clients may cancel their Plan anytime; however, Client must do so prior to the Renewal Date in order to avoid billing of the next Plan Term’s Fees. If Client chooses to cancel its Plan during the Plan Term, Client may use the Service until the end of Client’s then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees.
All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, deactivated the Account or terminated these Terms during an ongoing payment interval, or where an Account is terminated or suspended by RevHERO.
All Fees are exclusive of all taxes, unless stated otherwise, and which we will charge as applicable. Client is solely responsible for the payment of any taxes, levies or duties, and you agree to pay these taxes, levies or duties.
In the event the Client does not pay all Fees due, RevHERO will suspend all access to the Client Account. Clients will have 90 days to provide an authorized payment method to reactivate a Plan and their Account, otherwise RevHERO has the right to permanently delete the Account.
(A) Payment of Fees
RevHERO fees are all paid in advance. For example, if you pay monthly, your card will be charged on July 1st for the month of July, August 1st for the month of August, and so forth. The date will begin on the day you sign up. If you pre-pay annually, you will be charged for the annual cost, thus locking in the price for a year. If you add new users to an annual contract, all new users will be prorated by date on the annual cost. RevHERO LLC may seek pre-authorization of Client’s payment card account in order to verify that the payment card is valid and has the necessary funds or credit available to cover the purchase. Client agrees to approve such card pre-authorization and to pay the amounts for the Plan described on the Web Site that the Client chooses. Client also authorizes RevHERO to charge all Fees to such card account. Client agrees to provide RevHERO updated information regarding its payment card account upon RevHERO’s request and any time the information earlier provided is no longer valid. Client further authorizes RevHERO to use a third party to process your payments, and consents to the disclosure of your payment information to such third party. RevHero does not offer payment by invoice.
(B) Late Payment Charges
Upon delay with any payments, RevHERO may require the Client to pay interest on the delay (penalty for late payment) for the period that such payment is overdue. The interest rate for late payment due shall be 3% per month or the maximum allowed by local law, whichever is higher. If RevHERO gets any chargebacks, Client is subject to pay for such credit card chargeback or bank fees.
5. Non-RevHERO and Third Party Applications & Use
RevHERO does not warrant or support non-RevHERO applications. Some RevHERO Services may contain features or functionality designed to integrate, or capable of integrating, with Third Party applications. RevHERO does not guarantee the continued availability of such integration, features or functionality, and may cease providing them without notice and without entitling Client to any refund, credit, or other compensation.
RevHERO is not responsible if the provider of a third party application ceases to make such application available for inter-operation with RevHERO’s Services, features or functionality or makes it in a manner no longer acceptable to RevHERO for use with RevHERO’s Services.
Should Third Parties make available applications to integrate with RevHERO, and Client elects to use, buy, rent, or trial a third party application or applications, then the terms and conditions regarding its use are between Client and the provider of these Third Party applications and any exchange of data between Client and such third party provider is solely between Client and the third party provider. Any questions, concerns or disputes that arise based on Client’s use of non-RevHERO applications should be addressed with the provider of such non-RevHERO applications and not with RevHERO. RevHERO is not responsible for any disclosure, modification or deletion of Client Data resulting from access by a Third Party application or its provider.
6. Laws, Sanctions & Trade Controls.
The Client, any User, agent or any other Third Party (“Third Party”) hereby represents, warrants, covenants, and agrees that, with respect to the RevHERO Services:
(A) Third Party shall take no action, directly or indirectly, that would cause RevHERO or any of its Affiliates, or any of their respective officers, directors, employees, or representatives, to violate any Laws, Sanctions or Trade Controls of any country.
(B) Neither the Third Party nor any of its officers, directors, employees, and any agents or other representatives acting on their behalf
- has been or is designated on any Sanctions- or export-related list of restricted or blocked persons, including designation on OFAC’s List of Specially Designated Nationals and Blocked Persons or OFAC’s Sectoral Sanctions Identifications List,
- is located in, organized under the laws of, or resident in any country or territory that is itself the subject of any sanctions or embargoes by any governmental authority,
- is or has been greater than 50% owned or controlled by any person or persons described in clause a or b, or
- has or will provide the RevHERO Services to any persons described in clauses a, b or c.
(C) Third Party will promptly notify RevHERO if Third Party or any personnel employed by or affiliated with Third Party: (i) commits any actual or potential breach of Laws, Sanctions or Trade Controls in relation to the RevHERO Services, or (ii) becomes a Restricted Person.
(D) RevHERO, in its sole discretion, shall have the right to immediately terminate the access to, or use of the RevHERO Services without notice or liability to Third Party, if Third Party, or any person employed by or affiliated with Third Party, takes any action in violation of the provisions described in this Section or if RevHERO determines, in its sole discretion, that the Third Party’s continued use of the RevHERO Services could violate Sanctions or Trade Controls.
7. Client Responsibilities
Effort is required by the Client and Account Users to realize the full value of RevHERO’s Services. We suggest you plan marketing and sales programs, set a content creation calendar, create posts, emails, drip campaigns and look for creative ways to get your message across to the recipients of your sales efforts.
(A) Personal Data / Client Data
Client acknowledges and agrees that they will be solely responsible for the accuracy, quality, and legality of Client Data and the means by which it acquires Personal Data. Client also acknowledges that Client is wholly responsible for:
- Complying with all applicable Data Protection Laws particularly for use by Client for sales and marketing purposes;
- Ensuring Client has the right to transfer, or provide access to, the Personal Data and/or Client Data to RevHERO for Processing in accordance with the terms of this Agreement;
- Ensuring that Client’s Instructions to RevHERO regarding the Processing of Personal and Client Data comply with applicable laws, including Data Protection Laws;
- Complying with all laws (including Data Protection Laws) applicable to any emails, texts or automated phone calls, or other content created, sent or managed through the RevHERO Services, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices;
- Informing RevHERO without undue delay if Client is not able to comply with its responsibilities under this section.
(B) Client Information
Client agrees to keep Client’s business and user information up to date, including notifying us of any company name, address, and primary contact or Administrator changes.
(C) Terminating Use
Client agrees to pay all renewals of RevHERO Services unless Client cancels the Plan on their Platform or opens a support ticket stating Client wants to cancel their Plan, effective on a specific date (fill in the date).
(D) Client’s Proprietary Rights
Client owns and retains all rights to their Client Materials and Client Personal Data, subject to the RevHERO Privacy Policy and these Terms of Service. If you are using RevHERO’s Services, then you represent that you have all necessary rights and permissions to do so. See Section titled Client Data and Sensitive Information for more information on the approved use of Client Data and Sensitive Information.
8. RESTRICTIONS, PROHIBITED & UNAUTHORIZED USE
Client and its Users will not use RevHERO’s Services in any way that violates the Terms of this Agreement or for any purpose or in any manner that is unlawful. Client may use the RevHERO Services only in the scope, and with the means and for purposes as identified in these Terms and applicable law. Neither the Client nor any User may:
- use the RevHERO Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out any illegal actions;
- copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer, disassemble, or decompile the RevHERO Services or otherwise attempt to uncover, discover or extract the source code, object code or underlying structure, know how, algorithms or ideas of the RevHERO Services unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the RevHERO is not permitted by that applicable law to exclude or limit the foregoing rights;
- provide false, inaccurate or misleading information in any manner via the RevHERO Services or Platform;
- act in a manner that is defamatory, trade libelous, threatening or harassing to RevHERO;
- use the RevHERO Services in any manner unless it has agreed to be bound to these Terms.
- remove any proprietary labels or notices.
- Use RevHERO Services if you are legally prohibited from doing so under the laws of the country in which you reside or from where you will access RevHERO Services.
- use RevHERO Services in any manner that is prohibited by the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), the Gramm-Leach-Bliley Act (GLBA) or any other Federal or Country Law or Act.
- use RevHERO Services in any manner to collect, process or manage Sensitive Information. RevHERO specifically disclaims any liability that may result from Client or Account Users of RevHERO Services to collect, manage or process Sensitive Information.