Terms of Service
Effective Date: September 15, 2024
Last Updated: July 15, 2025
These Terms of Service (“Terms”) govern your access to and use of the Shop Hero Dashboard Inc. software-as-a-service platform (“Platform,” “Service,” or “Services”), operated by Shop Hero Dashboard Inc. (“Company,” “we,” “us,” or “our”). By accessing, using, or subscribing to our Services, you (“Customer,” “you,” or “your”) agree to be legally bound by these Terms. If you do not agree, do not use or access the Platform.
1. Definitions
“Agreement” refers collectively to these Terms of Service, our Privacy Policy, applicable Service Orders, and any supplemental documentation provided by us.
“Service Order” means any electronic or written document that outlines the specific terms of your subscription, including features, pricing, billing frequency, and contract duration.
“Customer Data” refers to all information, content, and files submitted, uploaded, or generated by you while using the Platform.
“Subscription Term” means the period during which you are authorized to use the Platform as defined in the Service Order.
“Force Majeure” means events beyond a party’s reasonable control, including acts of God, war, terrorism, government actions, labor disputes, or technical failures.
2. Acceptance of Terms
You accept these Terms by executing a Service Order, accessing the Platform, or clicking to accept them where the option is provided. These Terms apply whether you are a paying customer or a trial user.
3. License Grant
Subject to these Terms and your payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business operations during the Subscription Term.
4. Account Use and Restrictions
You agree to:
Maintain control of your login credentials and prevent unauthorized access.
Ensure your users comply with these Terms.
You agree not to:
Resell, sublicense, or distribute the Platform or any of its components.
Copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
Use the Platform to build a competing product or service.
Use the Platform to violate laws, infringe intellectual property, or transmit unlawful content.
We reserve the right to suspend or terminate access for violations.
5. SMS Communications
If you opt in to receive SMS messages from us:
Message frequency may vary.
Message and data rates may apply.
You may opt out at any time by replying STOP.
For support, reply HELP or contact support@shopherodashboard.com.
By opting in, you represent that you are the owner of the phone number provided or have permission to enroll that number in our SMS program. Your SMS data is handled in accordance with our Privacy Policy.
6. Subscription Term and Renewals
Your subscription begins on the date specified in your Service Order. Unless otherwise noted:
Subscriptions automatically renew for the same term at the then-current pricing.
Either party may prevent renewal at any time prior to the automatic renewal date.
We may suspend or terminate access for non-payment or material breach.
7. Fees and Payment
You agree to pay all fees as outlined in your Service Order.
All fees are non-refundable unless otherwise stated.
Late payments may incur 1.5% interest per month or the maximum allowed by law.
If payment is not received within 10 days of notice, we may suspend access to the Platform.
You must notify us of fee disputes within 30 days of the charge; otherwise, the charge is final.
8. Customer Data and Privacy
Ownership and License
You retain ownership of your Customer Data. You grant us a non-exclusive, royalty-free license to use, store, process, and transmit Customer Data solely to deliver and improve the Services.
Data Privacy
All personal and business information is handled per our Privacy Policy, which is incorporated into these Terms by reference.
Data Security
We implement technical and organizational safeguards to protect your data. However, no system is 100% secure, and we disclaim liability for unauthorized access beyond our control.
Data Retention
Upon termination, Customer Data will be retained for 30 days to allow for export. After that, it may be deleted unless required by law.
9. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information exchanged under these Terms. Confidential information does not include information that is:
Already publicly known;
Independently developed without reference to the discloser’s information;
Lawfully received from a third party without restriction.
These obligations survive termination for two years.
10. Intellectual Property
We retain all rights, title, and interest in and to the Platform, including all associated intellectual property and improvements. No rights are granted to you except as expressly stated in these Terms.
Use of any third-party software or services within the Platform is subject to those third-party terms.
11. Warranties and Disclaimers
Platform Warranty
We warrant that the Platform will operate materially as described in applicable documentation during the Subscription Term.
Disclaimer
Except as expressly stated:
The Platform is provided “as is” and “as available.”
We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted service or that the Platform will be error-free or immune from unauthorized access.
12. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, consequential, or punitive damages.
Our total liability under these Terms will not exceed the fees you paid in the 12 months prior to the event giving rise to the claim.
These limitations apply regardless of the form of action and survive termination.
13. Indemnification
You agree to indemnify, defend, and hold us and our affiliates, officers, employees, and contractors harmless from any claims, losses, or damages, including reasonable legal fees, arising from:
Your use of the Platform;
Your breach of these Terms;
Any data or content you submit, including intellectual property violations or misuse.
14. Termination
Either party may terminate these Terms or any Service Order:
For material breach with 30 days’ written notice and a chance to cure.
Immediately if required by law or to prevent fraud or harm.
Upon termination:
Your license to use the Platform ends immediately.
You must cease all use and delete all copies.
Prepaid fees are non-refundable unless we are the party in breach.
You have 30 days to export your Customer Data.
15. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules.
Any dispute will be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration will be:
Held in Wilmington, Delaware
Confidential
Final and enforceable in any court of competent jurisdiction
Class action waivers apply—you may not bring class or collective claims under these Terms.
16. Miscellaneous
Force Majeure: Neither party is liable for delay or failure due to causes beyond reasonable control.
Assignment: You may not assign these Terms without our written consent. We may assign freely.
Entire Agreement: These Terms, the Privacy Policy, and any Service Orders form the complete agreement.
Severability: If any part is found unenforceable, the remainder still applies.
Modifications: We may update these Terms by posting changes to our website. Material changes will be notified 30 days in advance. Continued use constitutes acceptance.
17. Contact Information
If you have any questions about these Terms, please contact:
Shop Hero Dashboard Inc.
1001 State Street – Suite 907
Erie, PA 16501
Email: support@shopherodashboard.com
Phone: 814-564-4843