Terms of Service

2Customer Responsibility & Sender Designation

You acknowledge and agree that:

• You are the sole sender, controller, and decision-maker with respect to all communications initiated through the Platform.
• You determine the recipients, content, timing, frequency, purpose, and legality of all messages and calls.
• PaidHero does not initiate communications on your behalf and does not verify recipient consent.

All legal responsibility for communications rests solely with you.

3Consent, Compliance & Indemnification

You represent, warrant, and covenant that you have obtained and maintain all legally required consents, authorizations, and permissions for any communication sent using the Platform, including compliance with:

• TCPA
• CAN-SPAM
• A2P 10DLC and carrier policies
• State, federal, and international privacy laws

You agree to indemnify, defend, and hold harmless PaidHero from any claims, fines, penalties, damages, or costs (including attorneys' fees) arising from your communications, data practices, or violations of law.

4Customer Messaging Compliance

You represent and warrant that you have obtained all necessary consents to communicate with your customers via SMS, email, or phone prior to using PaidHero.

PaidHero provides tools and controls to support compliant communications, including opt-out handling, message throttling, and content restrictions. PaidHero reserves the right to suspend or terminate messaging access for violations of applicable laws, carrier requirements, or these Terms.

You remain responsible for compliance with applicable laws governing customer communications, including consent and opt-out requirements.

5AI, Automation & No Reliance

PaidHero may utilize artificial intelligence, automation, and machine-generated content, including AI-generated messaging and AI-enabled calling.

You acknowledge that:

• AI outputs may be inaccurate or incomplete.
• AI suggestions are optional and require human judgment.
• PaidHero makes no guarantees regarding performance, accuracy, or outcomes.
• You do not rely on PaidHero for legal, compliance, financial, or collection advice.

6Payments & Invoices

PaidHero does not handle funds and does not process payments. Any payment links or transactions are handled by third-party providers.

PaidHero is not responsible for:

• Invoice accuracy
• Failed or disputed payments
• Chargebacks
• Collection outcomes

7Data Rights & Ownership

6.1 Customer Data

You retain ownership of raw customer data you input ("Customer Data"). You grant PaidHero a non-exclusive license to process Customer Data solely to provide and improve the Platform.

6.2 Platform Data

PaidHero owns all:

• Platform functionality
• Usage metadata
• Logs
• System data
• AI outputs
• Performance analytics

6.3 Aggregated & Derived Data

PaidHero may aggregate, anonymize, de-identify, analyze, commercialize, license, sell, publish, or otherwise use data derived from Platform usage, provided it does not identify individuals.

You waive any ownership or royalty claims to such data.

8Intellectual Property

PaidHero retains all rights, title, and interest in the Platform, including all software, workflows, AI systems, and trade secrets. No rights are granted except as expressly stated.

9Acceptable Use & Competitive Protections

You may not:

• Scrape or harvest data
• Reverse engineer the Platform
• Use the Platform to build competing products
• Conduct competitive benchmarking without authorization
• Misuse Platform insights

Violation may result in immediate termination and injunctive relief.

10Suspension & Termination

PaidHero may suspend or terminate access immediately if we determine your use poses legal, regulatory, carrier, or reputational risk.

Upon termination:

• Access ceases immediately
• PaidHero retains all aggregated and derived data
• Key clauses survive, including IP, data rights, indemnification, arbitration, and liability limits

11Modification of Services

PaidHero may modify, suspend, or discontinue features at any time, including due to regulatory or carrier changes, without liability.

Continued use constitutes acceptance of updated Terms.

12Limitation of Liability

To the maximum extent permitted by law:

• PaidHero's total liability is limited to fees paid in the preceding three (3) months
• PaidHero is not liable for indirect, incidental, consequential, punitive, or lost-profit damages

13Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration on an individual basis. Class actions are waived.

14Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

15Assignment

PaidHero may assign these Terms without consent, including in connection with a merger, acquisition, or sale of assets.

16Force Majeure

PaidHero is not liable for failures caused by events beyond reasonable control, including carrier outages, vendor failures, or regulatory actions.

17Contact

18SMS Program Terms