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TERMS OF SERVICE
AGREEMENT TO OUR LEGAL TERMS
We are Heron AI, Inc. ("Company," "we," "us," "our"), a company registered in Delaware, United States, with its principal place of business at 2100 Market Street, Suite 400, San Francisco, CA 94114.
We operate the website https://heron-ai.com (the "Site"), the Heron AI software that runs inside your design tools, our web dashboard, and any other related products and services that refer or link to these legal terms (collectively, the "Services").
You can contact us by email at hello@heron-ai.com or by mail at the address above.
These Legal Terms are a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Heron AI, Inc., concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We may make changes to these Legal Terms at any time. We will alert you by updating the "Last updated" date. Your continued use of the Services after the date the revised terms are posted means you accept the changes. The Services are intended for users who are at least 18 years old.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or would subject us to any registration requirement. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Heron is a design assistant. It suggests changes and, with your approval, carries out edits inside your design software. Heron does not replace your professional judgment. You are responsible for reviewing every suggestion and every change before you rely on it, and for the final content, accuracy, and compliance of your models, drawings, and project work. Heron does not guarantee that its suggestions or edits are accurate, complete, or compliant with any code, standard, or regulation.
The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA, so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including the source code, databases, software, designs, text, and graphics (the "Content"), as well as the trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright and trademark laws. They are provided "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to use them for your internal business purpose. Except as set out here, no part of the Services and no Content or Marks may be copied, reproduced, republished, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
Your content
You keep ownership of your models, project data, and other content you provide or make available through the Services ("Your Content"). You grant us a limited, non-exclusive license to access, store, process, and use Your Content only to provide and improve the Services, including sharing it with AI Service Providers as described in our Privacy Policy. You are responsible for having the rights needed to share Your Content with us.
Your submissions
By sending us any question, comment, suggestion, or other feedback about the Services ("Submissions"), you agree that we may use and share that feedback for any lawful purpose without compensation to you. You confirm your Submissions are original to you and do not contain confidential information.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will keep this information accurate and update it as needed; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means except as expressly permitted; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We may remove or change a username if we determine, in our sole discretion, that it is inappropriate or objectionable.
5. PURCHASES AND PAYMENT
We accept payment via major credit and debit cards. You agree to provide current, complete, and accurate purchase and account information, and to promptly update it as needed. Sales tax will be added where required. All payments are in US dollars. You authorise us to charge your chosen payment provider for your purchases. We may refuse or cancel any order in our sole discretion, and we may correct pricing errors even after payment.
6. SUBSCRIPTIONS
Free trial
We may offer a free trial to new users for the period displayed when you sign up. Before you enroll, we will disclose the trial length, the subscription price and billing frequency that will apply afterward, and how to cancel. Unless you cancel before the trial ends, your subscription will automatically convert to the paid plan you selected and your payment method will be charged at the disclosed rate. You can cancel before the trial ends by contacting us at hello@heron-ai.com to avoid being charged.
Cancellation
You can cancel your subscription at any time by contacting us. Your cancellation will take effect at the end of the current paid term. Except where required by law, purchases are non-refundable. If you have any questions, email us at hello@heron-ai.com.
Fee changes
We may change the subscription fee from time to time and will communicate any change to you in line with applicable law.
7. PROHIBITED ACTIVITIES
You may not use the Services for any purpose other than that for which we make them available. As a user, you agree not to:
- Use Heron to process any model, data, or content that you do not have the rights to share with us.
- Rely on Heron as your only check for code compliance, structural safety, or any other matter that requires professional review.
- Systematically retrieve data from the Services to build a collection or database without our written permission.
- Trick, defraud, or mislead us or other users, or attempt to learn sensitive account information such as passwords.
- Circumvent, disable, or interfere with security-related features of the Services.
- Use the Services in a way that is inconsistent with any applicable law or regulation.
- Upload or transmit viruses, malware, or any material that disrupts the Services.
- Use any automated system, such as scripts, bots, scrapers, or data mining tools, to access the Services except as expressly permitted.
- Attempt to reverse engineer, decompile, or disassemble any part of the software, except as permitted by law.
- Impersonate another user or person, or use another user's account.
- Harass, abuse, or harm another person, or our staff, using the Services.
- Use the Services to compete with us, or for any commercial purpose not approved by us.
8. USER GENERATED CONTRIBUTIONS
The Services may give you the chance to create, submit, or share content and materials ("Contributions"). When you make any Contribution, you represent that it does not infringe any third party's rights, that you have the rights and consents needed to share it, that it is not false or misleading, and that it is not obscene, harassing, or otherwise objectionable. Any Contribution that breaks these rules may result in suspension or termination of your access.
9. CONTRIBUTION LICENSE
You and we agree that we may access, store, process, and use any information and personal data you provide in line with our Privacy Policy and your choices. We do not claim ownership over your Contributions. You keep full ownership of your Contributions and any rights associated with them. You are solely responsible for your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites and third-party content that we do not investigate or monitor. We are not responsible for such websites or content, and including a link does not imply our endorsement. If you access any third-party website or content, you do so at your own risk, and these Legal Terms no longer govern. You should review the terms and privacy policies of any third party you interact with.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, to take appropriate legal action against anyone who violates the law or these terms, to refuse or restrict access to the Services, and to otherwise manage the Services to protect our rights and property and support their proper functioning.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://heron-ai.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access them from another region, you consent to your data being transferred to and processed in the United States.
13. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of these Legal Terms. We may terminate your use or delete your account at any time, without warning, in our sole discretion. If we terminate or suspend your account, you may not register a new one under your name or a false name.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and we have no obligation to update any information. We cannot guarantee the Services will always be available. We may experience interruptions, delays, or errors, and we are not liable for any loss or inconvenience caused by your inability to access the Services during any downtime.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal negotiations: to resolve any dispute quickly and control cost, you and we agree to first attempt to negotiate any dispute informally for at least thirty (30) days before starting arbitration.
Binding arbitration: if we cannot resolve a dispute through informal negotiations, it will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in San Francisco, California, unless otherwise required. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Restrictions: any arbitration will be limited to the dispute between you and us individually, and there is no right for any dispute to be arbitrated on a class-action basis. Certain disputes, such as those concerning intellectual property rights or claims for injunctive relief, are not subject to the arbitration provisions.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HERON'S SUGGESTIONS AND EDITS ARE GENERATED USING AI AND MAY BE INCOMPLETE OR INCORRECT. YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING EVERY SUGGESTION AND CHANGE BEFORE YOU RELY ON IT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE COMPLIANT OR ERROR-FREE RESULTS.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID US, IF ANY, IN THE SIX (6) MONTHS BEFORE THE CAUSE OF ACTION AROSE. SOME LAWS DO NOT ALLOW SUCH LIMITATIONS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal fees, made by any third party arising out of your use of the Services, your breach of these Legal Terms, your breach of your representations and warranties, or your violation of the rights of a third party.
21. USER DATA
We will maintain certain data that you transmit to the Services in order to manage their performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we have no liability to you for any loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms are electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, and records.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
24. MISCELLANEOUS
These Legal Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right or provision. If any provision is found unlawful or unenforceable, it is severable and does not affect the remaining provisions. There is no joint venture, partnership, or employment relationship created between you and us as a result of these Legal Terms. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
25. CONTACT US
To resolve a complaint or to receive further information about the Services, please contact us at:
Heron AI, Inc.
2100 Market Street, Suite 400
San Francisco, CA 94114
United States