TERMS OF SERVICE

Account Creation

To use the Services, you must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate and complete.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Restricting access to your account
• Promptly notifying us at security@commhero.io of any unauthorized access or security breach

User Management

Customer may add, remove, and manage Authorized Users through the Services' administration interface. Customer is responsible for all actions taken by its Authorized Users and must ensure that each Authorized User complies with these Terms.

Subscription Limits

Your use of the Services is subject to the limits of your subscription plan, including the number of Authorized Users, incidents, templates, audiences, and integration connections. Exceeding these limits may result in additional charges or service restrictions as outlined in your subscription plan.

Age Requirement

The Services are intended for business use only. You must be at least 18 years old or the age of majority in your jurisdiction to use the Services.

License Grant

Subject to your compliance with these Terms and payment of applicable fees, CommHero grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription Term solely for your internal business purposes in accordance with the Documentation.

Service Features

The Services enable you to:

• Create and manage incident communication templates with variable substitution
• Define and segment audiences for targeted communications
• Integrate with Communication Channels (Gmail, Office 365, Slack, Microsoft Teams)
• Execute multi-channel incident communications with a single trigger
• Track incident lifecycle and maintain communication audit logs
• Collaborate with team members on incident response
• Access historical incident data and communication records

Service Availability

We strive to make the Services available 24/7, but we do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or to address technical issues. We will provide reasonable notice of scheduled maintenance when possible.

Service Modifications

We may modify, update, or discontinue features of the Services at any time. We will provide reasonable notice of material changes that negatively impact functionality, except for changes made for security, legal compliance, or to address critical issues.

Beta Features

We may make beta, pilot, or pre-release features available to you. These features are provided "as is" without warranties and may be modified or discontinued at any time. Beta features are our confidential information and should not be disclosed to third parties.

Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Send unsolicited or unauthorized advertising, spam, or bulk communications
• Transmit malware, viruses, or any malicious code
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the Services or servers connected to the Services
• Use the Services to send communications that are defamatory, obscene, threatening, or harassing
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services to store or transmit infringing, libelous, or otherwise unlawful content
• Attempt to bypass any security measures or access restrictions
• Use automated systems (bots, scrapers) to access the Services without our express written permission
• Resell, sublicense, or transfer access to the Services to third parties
• Use the Services in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage

Communication Standards

When using the Services to send communications, you must:

• Have appropriate consent from recipients to send communications
• Comply with all applicable anti-spam laws (CAN-SPAM, CASL, GDPR, etc.)
• Include accurate sender information in all communications
• Provide a method for recipients to opt-out of future communications when required by law
• Ensure communications are relevant to legitimate business purposes

Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including suspending or terminating your account, removing content, and reporting violations to law enforcement authorities. We may also cooperate with third parties in investigating suspected violations.

Ownership of Customer Data

As between you and CommHero, you retain all rights, title, and interest in and to your Customer Data. You grant CommHero a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Customer Data solely to provide the Services to you and as otherwise described in our Privacy Policy.

Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Customer Data
• Obtaining all necessary rights, permissions, and consents to upload and process Customer Data through the Services
• Ensuring Customer Data does not violate any laws or third-party rights
• Maintaining appropriate backups of Customer Data
• Compliance with applicable data protection laws regarding Customer Data

Data Processing

CommHero will process Customer Data in accordance with our Privacy Policy and applicable Data Processing Agreement (DPA). We act as a data processor with respect to personal data contained in Customer Data, and you act as the data controller. Our DPA is available upon request and incorporates Standard Contractual Clauses where required.

Data Security

We implement reasonable technical and organizational measures to protect Customer Data from unauthorized access, disclosure, alteration, and destruction. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

Data Deletion

Upon termination of your account, we will delete Customer Data in accordance with our data retention policies as outlined in our Privacy Policy. You may request early deletion by contacting support@commhero.io. We will complete deletion within 30 days unless longer retention is required by law.

Data Export

You may export Customer Data at any time through the Services' export functionality. We recommend regular exports to maintain your own backups.

Aggregated Data

We may collect and use aggregated, anonymized data derived from Customer Data for analytics, benchmarking, and service improvement purposes. This aggregated data does not identify you or any individual and is our property.

CommHero's Rights

The Services, including all software, designs, text, graphics, user interfaces, visual interfaces, sounds, artwork, and computer code (collectively, "CommHero Materials"), are owned by CommHero or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

All rights not expressly granted to you in these Terms are reserved by CommHero. You may not use the CommHero name, logo, or trademarks without our prior written consent.

Restrictions

You may not:

• Copy, modify, create derivative works of, or reverse engineer the Services
• Remove or alter any copyright, trademark, or proprietary notices
• Access the Services to build a competitive product or service
• Frame or mirror any part of the Services
• Use any automated means to access the Services except through our documented APIs

Feedback

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into our Services without any obligation to you.

DMCA Notice

If you believe content on the Services infringes your copyright, please send a DMCA notice to legal@commhero.io with: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a statement of good faith belief, and (5) a statement under penalty of perjury that the information is accurate.

Subscription Fees

You agree to pay all fees specified in your subscription plan or Order Form. Fees are based on your selected plan tier and the number of Authorized Users, with additional charges for usage exceeding plan limits where applicable.

Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, as selected during registration. Annual subscriptions receive a discounted rate as displayed on our pricing page.

Payment Method

You must provide valid payment information. By providing payment information, you authorize us to charge all fees to your designated payment method. You are responsible for keeping your payment information current.

Price Changes

We may change our pricing with at least 30 days notice. Price changes will apply to subsequent billing cycles. If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.

Late Payment

If payment is not received when due, we may suspend access to the Services until payment is made. We reserve the right to charge interest on late payments at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower).

Taxes

Fees do not include applicable sales, use, VAT, or other taxes. You are responsible for all taxes except those based on our net income. We will invoice you for applicable taxes, which you agree to pay unless you provide a valid tax exemption certificate.

Refunds

Fees are non-refundable except as required by law or as expressly stated in these Terms. If you cancel during a billing cycle, you will retain access until the end of that cycle, but no refund will be issued for the unused portion.

Free Trials

We may offer free trial periods for certain subscription plans. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. Payment information is required to start a trial.

Term

These Terms commence when you accept them and continue until terminated in accordance with this section. Your Subscription Term is specified in your subscription plan or Order Form.

Auto-Renewal

Your subscription will automatically renew for successive periods equal to your initial Subscription Term (monthly or annually) unless either party provides written notice of non-renewal at least 30 days before the end of the current term.

Termination by You

You may cancel your subscription at any time through your account settings or by contacting support@commhero.io. Cancellation will be effective at the end of your current billing cycle.

Termination by CommHero

We may suspend or terminate your access to the Services:

• Immediately if you breach these Terms, particularly the Acceptable Use Policy
• Upon 30 days notice for convenience
• Immediately if your account is inactive for 12 consecutive months
• Immediately if required by law or to prevent harm to us or third parties
• Upon non-payment, after 15 days notice

Effect of Termination

Upon termination or expiration:

• Your right to access and use the Services immediately terminates
• You must pay all outstanding fees owed through the end of the Subscription Term
• You may export Customer Data for 30 days after termination, after which we may delete it
• Provisions that by their nature should survive termination will survive (including payment obligations, liability limitations, and indemnification)

Suspension for Non-Payment

If payment is overdue, we may suspend your access to the Services after providing 15 days notice. Access will be restored upon receipt of all outstanding payments.

Limited Warranty

CommHero warrants that the Services will perform substantially in accordance with the Documentation under normal use. This warranty does not apply to issues caused by misuse, unauthorized modifications, or failure to follow Documentation.

Your exclusive remedy for breach of this warranty is for us to use commercially reasonable efforts to correct the non-conformity or, if we cannot correct it, to refund a pro-rata portion of prepaid fees for the affected period.

Customer Warranties

You represent and warrant that:

• You have the authority to enter into these Terms
• You have all necessary rights to upload and process Customer Data through the Services
• Your use of the Services will comply with all applicable laws and regulations
• Customer Data does not infringe any third-party intellectual property rights

Third-Party Services

The Services integrate with third-party Communication Channels that are not under our control. We are not responsible for the availability, performance, or functionality of these third-party services. Any issues with third-party services should be directed to those service providers.

Basis of the Bargain

The limitations in this section reflect the allocation of risk between you and CommHero and are an essential basis of the bargain between us. These limitations will apply even if any limited remedy fails of its essential purpose.

Exceptions

The limitations in this section do not apply to:

• Your payment obligations
• Your indemnification obligations
• Your breach of the license restrictions or Acceptable Use Policy
• Liability that cannot be excluded under applicable law

Critical Communications

The Services are designed to facilitate incident communications but are not intended for mission-critical, life-safety, or emergency response systems where failure could result in death, personal injury, or severe physical or environmental damage. You should not rely solely on the Services for such purposes.

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless CommHero and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or relating to:

• Your use of the Services in violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Customer Data, including claims that Customer Data infringes third-party rights
• Your failure to obtain necessary consents or permissions for Customer Data
• Acts or omissions of your Authorized Users

CommHero's Indemnification Obligations

CommHero will defend you against any claim brought by a third party alleging that the Services, when used in accordance with these Terms, infringe that third party's intellectual property rights, and will pay damages finally awarded against you (or settlements approved by us) for such claims.

This obligation does not apply to claims arising from: (a) modifications to the Services not made by CommHero, (b) use of the Services in combination with third-party products or services, (c) your use of the Services in violation of these Terms, or (d) Customer Data.

If we believe the Services may infringe, we may, at our option: (a) obtain the right for you to continue using the Services, (b) modify the Services to be non-infringing, or (c) terminate your subscription and refund prepaid fees for the unused portion of the term.

Indemnification Procedures

The indemnified party must:

• Promptly notify the indemnifying party in writing of the claim
• Give the indemnifying party sole control of the defense and settlement
• Provide reasonable assistance in the defense (at the indemnifying party's expense)

The indemnifying party may not settle any claim that imposes obligations on the indemnified party without the indemnified party's prior written consent.

Confidential Information

"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Your Confidential Information includes Customer Data. Our Confidential Information includes the Services, performance data, technical specifications, and business information.

Protection of Confidential Information

The Receiving Party will:

• Use the same degree of care to protect Confidential Information as it uses for its own confidential information (but no less than reasonable care)
• Not disclose Confidential Information to third parties except to employees, contractors, and advisors who need to know and are bound by confidentiality obligations
• Only use Confidential Information for purposes of exercising rights or performing obligations under these Terms

Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is rightfully received from a third party without breach of confidentiality obligations
• Is independently developed without use of Confidential Information

Compelled Disclosure

The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided it gives the Disclosing Party reasonable advance notice (if legally permitted) to enable the Disclosing Party to seek a protective order.

Communication Channel Integrations

The Services integrate with third-party Communication Channels including Gmail, Office 365, Slack, and Microsoft Teams. To use these integrations, you must have active accounts with these providers and authorize CommHero to access them on your behalf.

Authorization and Credentials

When you connect a Communication Channel to CommHero, you authorize us to access that service using your credentials solely to provide the Services. We store access tokens securely but are not responsible for unauthorized access resulting from your failure to maintain the security of your third-party accounts.

Third-Party Terms

Your use of third-party services integrated with CommHero is subject to those provider's terms of service and privacy policies. We are not responsible for and do not endorse or control third-party services.

Service Availability

We cannot guarantee the continued availability of integrations with third-party services. Integrations may be modified, suspended, or discontinued due to changes in third-party APIs, terms of service, or for other reasons beyond our control. We will use reasonable efforts to provide notice of significant changes.

No Warranties

We make no warranties regarding third-party services or their availability, performance, or functionality. Issues with third-party services should be directed to the applicable service provider.

Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website and updating the "Last Updated" date. We will provide notice of material changes through the Services, by email, or other reasonable means at least 30 days before the changes take effect.

Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services and may terminate your subscription.

Changes to Services

We may modify, update, or discontinue features of the Services at any time. We will provide reasonable notice of material changes that negatively impact core functionality, except for changes made to address security vulnerabilities, comply with legal requirements, or resolve critical technical issues.

No Right to Refund

Modifications to the Services or these Terms do not entitle you to a refund of prepaid fees unless the modifications materially reduce the overall functionality of the Services and you terminate your subscription within 30 days of receiving notice of the changes.

Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, and you consent to personal jurisdiction in those courts.

Dispute Resolution

Before filing any lawsuit, you agree to first contact us at legal@commhero.io and attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, either party may pursue formal resolution.

No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other disputes are not allowed.

Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.

Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, terrorism, riots, labor disputes, or government actions.

Export Compliance

The Services may be subject to export control laws. You agree to comply with all applicable import and export control laws and regulations, including those of the United States. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

Entire Agreement

These Terms, together with our Privacy Policy and any Order Form, constitute the entire agreement between you and CommHero regarding the Services and supersede all prior agreements, proposals, and understandings. If there is a conflict between these Terms and an Order Form, the Order Form will control with respect to the specific transaction.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable while preserving its intent.

Waiver

No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship between the parties.

Notices

Notices to CommHero must be sent to legal@commhero.io. Notices to you will be sent to the email address associated with your account. Notices are deemed received when sent, except for notices of termination or material breach, which are deemed received when actually received.

Contact Information

For questions about these Terms, please contact us: