Terms of Service for Marketing Services Provided by Hero Content s.r.o.
1. Introductory Provisions
1.1. These Terms of Service govern the provision of marketing services by Hero Content s.r.o., Company ID: 21318255, registered office at Korunní 2569/108, Vinohrady, 101 00 Prague, email: welcome@herocontent.ai, registered with the Municipal Court in Prague (hereinafter referred to as the "Provider").
1.2. The client who orders marketing services from the Provider confirms that they have read and agree to these Terms of Service (hereinafter referred to as the "Client").
2. Subject of Services
2.1. The Provider undertakes to provide the Client with marketing services to the extent agreed between the contracting parties. The Client undertakes to pay the agreed price for these services.
2.2. Services include in particular:
- creation and management of content for the Client's social media (especially Instagram and Facebook),
- preparation and publication of posts and Stories according to the scope agreed in the cooperation,
- creation of short videos (Reels) from provided materials or through AI tools,
- preparation and publication of daily menu or other regular content in graphic form,
- management and basic setup of advertising campaigns (Meta Ads – Facebook, Instagram) focused mainly on local reach,
- design and creation of graphic templates and post visuals,
- communication and coordination of cooperation through agreed channels (e.g., WhatsApp, email),
- regular reporting of results and recommendations for profile performance improvement.
2.3. All the above outputs will be created provided that the Client provides the Provider with sufficient materials (e.g., photos, videos, information about offerings, menu, events, or changes). If materials are not provided, the Provider is not obligated to replace outputs with other forms of content.
2.4. The specific number of posts, Stories, and other outputs is determined according to the agreed scope of cooperation. Unless otherwise agreed between the parties, the following standard pricing and output structure applies:
Standard Plan – $145 / month
- 8 posts
- 15 stories
- 2 custom posts or stories on request
- 1 advertising campaign
- 2 social networks for one business (Facebook, Instagram)
Premium Plan – $220 / month
- 12 posts
- 30 stories
- 4 custom posts or stories on request
- 2 AI Reels videos
- 2 advertising campaigns
- 2 social networks for one business (Facebook, Instagram)
2.5. The above scopes and quantities are indicative and may vary depending on current materials, seasonality, or agreement between the Provider and the Client.
2.6. The Provider creates and publishes content exclusively in accordance with the materials and instructions provided by the Client.
3. Rights and Obligations of the Parties
3.1. The Client is obligated to provide the Provider with the cooperation necessary for the provision of services, in particular to provide access to social media accounts, information, materials, and assets (e.g., photos, logo, texts, menu descriptions, company details).
If the Client fails to provide the necessary cooperation and for this reason it is not possible to deliver services in the agreed scope or quality, the Client is not entitled to a refund of the price already paid or any part thereof.
3.2. The Provider provides services with professional care and according to the Client's instructions. The Client acknowledges that the results of marketing activities cannot be guaranteed and depend on factors beyond the Provider's control (e.g., platform algorithms, user behavior, seasonal influences).
3.3. If copyrighted works are created during the provision of services (e.g., photos, videos, texts, graphics, social media posts, or other outputs), the Provider grants the Client a non-exclusive, time and territorially unlimited license to use them for the duration of the cooperation. After the cooperation ends, the Client retains the rights to already paid outputs.
The Provider hereby transfers to the Client the right to use these works for their own marketing and promotional purposes, in all forms and on all communication channels where they have been or may be published. The Client is entitled to further modify, share, or use these works even after the cooperation ends, provided they have been fully paid for.
4. Price and Payment Terms
4.1. The price of services is determined according to the offer communicated to the Client through telephone communication and confirmed through the payment gateway. The price is stated in US dollars. The Provider is not a VAT payer, therefore VAT is not added to the price.
4.2. Payment for services is made in advance, by bank transfer to the Provider's account or through an online payment gateway.
4.3. If payment is not made on time, the Provider is not obligated to provide services or start a new service period.
4.4. Services are provided in the form of a monthly subscription. The Client may cancel their subscription at any time, no later than the last business day before the renewal date of the monthly membership. Notice of termination can be given by email or WhatsApp message to the contacts specified in the introductory provisions.
4.5. If the Client terminates the cooperation during an already paid period, they are not entitled to a refund of a proportional part of the price.
5. Confidentiality
5.1. Both parties undertake to maintain confidentiality regarding all information they communicate to each other during the cooperation and which has the nature of confidential information.
5.2. This obligation continues even after the cooperation ends.
5.3. Confidentiality does not apply to information that:
- is publicly available,
- was known to the other party before it was communicated,
- was obtained from a third party without an obligation of confidentiality,
- must be disclosed by law or based on a decision of a public authority.
6. Liability
6.1. The Provider is responsible for providing services with professional care and in the agreed scope.
6.2. The Provider is not liable for direct or indirect damages caused by the results of marketing activities, technical failures of third-party platforms, or incomplete cooperation from the Client.
7. Termination of Cooperation
7.1. The cooperation may be terminated at any time by written notice.
7.2. The notice is effective from the 1st day following its delivery to the other party. Notice sent by email or via WhatsApp is also considered delivered.
8. Final Provisions
8.1. These Terms of Service are governed by the laws of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code.
8.2. The Provider reserves the right to unilaterally change the Terms of Service. The Client will be informed of the change by email or other appropriate means at least 7 days before the change takes effect.
Contact
Email: welcome@herocontent.ai
Address: Hero Content s.r.o., Korunní 2569/108, Vinohrady, 101 00 Prague, Czech Republic
