Terms of Service for Marketing Services Provided by HeroContent Inc.

1.1. These Terms of Service govern the provision of marketing services by HeroContent Inc., a Delaware corporation, email: welcome@herocontent.ai (hereinafter referred to as the "Provider").

1.2. Anyone who enters into cooperation with the Provider under the partner program described in Article 3 confirms that they have read and agree to these Terms of Service (hereinafter referred to as the "User").

2.1. The Provider undertakes to provide the User with marketing services to the extent agreed between the parties. These services are provided to the User free of charge under the Brand Partnership program described in Article 3.

2.2. The services include in particular:

• creation and management of content for the User's social media (especially Instagram and Facebook),
• preparation and publication of posts and Stories to the extent agreed in the cooperation,
• creation of short videos (Reels) from materials provided or using AI tools,
• preparation and publication of a 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 the cooperation through agreed channels (e.g., WhatsApp, email),
• regular reporting of results and recommendations for improving the profile's performance.

2.3. All outputs listed above will be created provided that the User gives the Provider sufficient materials (e.g., photos, videos, information about the offer, menu, events, or changes). If materials are not provided, the Provider is not obligated to replace the outputs with other forms of content.

2.4. The Provider creates and publishes content solely in accordance with the materials and instructions provided by the User. The Provider will not publish any content on the User's profiles without the User's consent. Content is submitted to the User for approval through the agreed communication channel (e.g., WhatsApp or email), and approval given through that channel counts as consent.

3.1. The Provider offers the User cooperation through the Brand Partnership partner program. Under this program, the User pays the Provider nothing for the services provided. The cost of these services is covered instead by a partner brand cooperating with the Provider (e.g., a beverage producer).

3.2. Participation in the program is based on the assumption that the content published on the User's profiles will include content connected with this brand, to the extent set out in the individual offer for the venue. This is not an obligation of the User; if such content is not published, the Provider may end the User's participation in the program as described in section 3.5.

3.3. The scope and form of outputs under the partner program are not fixed. They are always based on the individual offer for the specific venue, as currently agreed between the Provider, the User, and the partner brand.

3.4. Because the User pays the Provider nothing for the services under the partner program, the User is not entitled to any specific scope or form of outputs, to their delivery by a certain date, or to uninterrupted provision of the services. The services under the partner program are provided as a benefit, not as an obligation of the Provider to deliver an agreed scope of services.

3.5. Participation in the partner program is subject to the Provider's approval of the User and to the availability of funding from the partner brand. The Provider may at any time change, limit, or suspend the scope of services under the partner program, or end the User's participation in the program, without the User being entitled to any compensation.

3.6. If the partner brand ends its funding of the program, or if the Provider ends the User's participation in the program, the User will be informed. Any further cooperation will be subject to separate agreement.

4.1. The User is obligated to provide the Provider with the cooperation necessary to provide the services, in particular access to social media accounts, information, materials, and assets (e.g., photos, logo, texts, menu descriptions, company details).

4.2. The Provider provides the services with professional care and according to the User's instructions. The User acknowledges that the results of marketing activities cannot be guaranteed and also depend on factors beyond the Provider's control (e.g., platform algorithms, user behavior, seasonal influences).

4.3. If copyrighted works are created while providing the services (e.g., photos, videos, texts, graphics, social media posts, or other outputs), the Provider grants the User a non-exclusive license, unlimited in time and territory, to use them for the duration of the cooperation. After the cooperation ends, the User keeps the rights to outputs already delivered.

The Provider hereby grants the User the right to use these works for the User's own marketing and promotional purposes, in all forms and on all communication channels where they have been or may be published. The User may further modify, share, or use these works even after the cooperation ends.

5.1. Both parties undertake to keep confidential all information they share with each other during the cooperation that is confidential in nature.

5.2. This obligation continues 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 shared,
• 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.

6.1. The Provider is responsible for providing the services with professional care and to the agreed extent.

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 User.

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.

8.1. These Terms of Service are governed by the laws of the State of Delaware, United States of America.

8.2. The Provider reserves the right to unilaterally change these Terms of Service. The User will be informed of the change by email or other appropriate means at least 7 days before the change takes effect.