These terms and conditions (“Terms and Conditions”) govern your use of www.heros.xyz (the “Company Site”) and your relationship with HEROSXYZ PTE. LTD. (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register or use the Company Site. If you have any questions on the Terms and Conditions, please contact privacy@heros.xyz.

1. Introduction

1.1 herosxyz Pte Ltd (“heros”) operates a platform to enable athlete earning through monetising their content and fan engagement via the Company Site. (collectively as the “Service”).

2. Use of the Company Site

2.1 The Company Site is provided to you for your use subject to these Terms and Conditions.

2.2 By using the Company Site you agree to be bound by these Terms and Conditions and you agree that we may reuse data you have previously provided to us and we may carry out limited credit searches to help us decide which payment options to offer you.
 

3. Amendments

3.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. We reserve the right to change any of the terms and conditions contained in these Terms and Conditions or any policies or guidelines governing the Company Site, at any time and in our sole and absolute discretion. Any changes will be effective upon posting of the revision on the Company Site. All notice of changes to these Terms and Conditions will be posted on the Company Site and may be posted without any notice to you. You are responsible for reviewing the notice and any applicable changes. You will be subject to the new Terms and Conditions in force at the time that you use the Company Site. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.

4. Registration

4.1 Only visitors to the Company Site who are registered and agree to these Terms and Conditions (“users”, “you”, “your” as the context requires) are eligible to use the Service to purchase items.

4.2 To register on the Company Site, you must be over eighteen years of age. If you are under 18, you may use the Company Site only with the consent of a parent or a legal guardian.

4.3 You must ensure that your personal details provided by you on registration or at any time are correct and complete.

4.4 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively
 

5. Password, pin and security

5.1 When you register to use the Company Site and/or the Service, you will be asked to create a password or will be provided with a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

5.2 If the Company has reasons to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password, or we may suspend your account.

6. Identity, adaptation and risk assessment

6.1 In order to allow us to identify you and prevent unauthorised use or misuse of our Service, we need to establish your identity.

6.2 We may request additional information from you in order to comply with our anti-money laundering obligations. You agree to comply with any request for further information that we reasonably require to enable us to comply with these obligations. This may include requiring you to email us or to otherwise provide to us certain documents relating to your identity.

6.3 We may use information that we collect about you (including any information you previously provided to us and/or information that is publicly available on the Internet) in order to determine the services offered to you.

7. Your use of the Company Site / the Service

7.1 You may not use the Company Site and/or the Service for any of the following purposes:

7.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

7.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

7.1.3 attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission;

7.1.4 sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect usernames, passwords, or misappropriate access tokens;

7.1.5 interfering with any other person’s use or enjoyment of the Company Site and/or the Service;

7.1.6 causing, or is likely to cause annoyance, inconvenience or anxiety to others;

7.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

7.1.8 post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods);

7.1.9 modify, translate, create derivative works of, or reverse engineer our products or their components;

7.1.10 causing, or is likely to cause, the Company Site and/or the Service or any access to it to be interrupted, damaged or impaired in any way; or

7.1.11 using the Company Site and/or the Service for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

7.2 You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.

7.3 We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.

7.4 We also reserve the right to block any user from using the Company Site and/or the Service if you are, or we believe you are, in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.

7.5 You will be responsible for our losses and costs resulting from your breach of this clause 7.

8. The Company’s right to suspend or cancel your registration

8.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

8.2 You can cancel your registration at any time by informing us via your settings on the Company Site or in writing at support@heros.xyz. If you do so, you must stop using the Company Site and/or the Service.

8.3 The suspension or cancellation of your registration and your right to use the Company Site and/or heros shall not affect either party’s statutory rights or liabilities.

9. Availability of the Company Site and/or the Service

9.1 Although we aim to offer you the best service possible, we make no promise that the Company Site and/or the Service will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Company Site and/or the Service, you should report it to support@heros.xyz or through our help centre which can be found on the Company Site and we will attempt to correct the fault as soon as we reasonably can.

9.2 Your access to the Company Site and/or the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

9.3 Because of the number of sources from which the Company obtains the content for the Company Site and/or the Service and because of the nature of the Internet, errors and omissions do occur and the Company does not give any other warranties in respect of the Service.

9.4 The Company is continually seeking to improve the Service. The Company reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce their content or functionality.
 

10. Using the Service – As an Athlete

10.1 When you join heros, you become part of the Heros’ club and community. You can use content tools that we provide to, among other things, showcase your story and career content , engage with the heros community, and provide rewards to fans through our service and Membership. On heros, you can provide your fansengagement and rewards including but not limited to a chat function, collectibles, exclusive content, and engaging personal experiences. In exchange, you will receive fans’ support, and revenue from memberships and offerings that fans have purchased on Heros.

10.2 We handle payments issues such as fraud, chargebacks, and resolution of payments disputes. We try to provide timely access to the funds you’ve earned on Heros upon your request for funds, but you may occasionally experience delays in accessing these funds. We may also block or withhold access to these funds for violations of our terms or policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us. In order to protect athletes, we may block fans’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative, we reserve the right to recover those funds from future payments.

10.3 As an Athlete, there are platform fees associated with your membership on heros:

10.3.1 The platform fee, which is calculated as a percentage of successfully processed payments and varies depending on the tier of heros service you select.

10.3.2 The payout fee, which is a fee for transferring money you’ve earned on heros to your specified payout method and may vary based on your specified payout method; and

10.3.3 The currency conversion fee, which is calculated as a percentage of successfully processed payments made in a currency other than your payout currency.

10.4 We are not responsible for any foreign transaction fee charged for any payments by the fans.

10.5 We take no responsibility and assume no liability for any loss or damages to you arising from payer information entered by you, wrong remittance by the fan in connection with the payment for the items purchased or delays or technical faults in the payment process. We reserve the right to check whether a user is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

10.6 As an athlete using our Service, you represent, warrant and undertake that you shall comply with all applicable laws (including but not limited to Intellectual Property Rights of other parties) and regulations with respect to your conduct and activities and/or with respect to any other agreements you may have signed with any other third parties while using our Service.

11. Using the Service – As a Fan

11.1 This section applies if you are registered as a fan on heros and use the Company Site by subscribing to an athlete or making a purchase on heros.

11.2 In addition to one-time purchases, there are two types of payment options for membership on the heros platform – one time purchases that provide 12 months of access and a monthly automatically renewing subscription. You are able to cancel the subscription through your account by providing a 30 day notice.

11.3 You pay on a one-time or automatically-renewing subscription basis as specified. heros is the billing entity that is associated with this charge.

11.4 The timing and amount of each subscription depends on the type of offering or subscription you select and the athlete you support. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscriptions and billing history in your membership settings.

11.5 The paid subscription automatically renews monthly until you cancel via your account settings or emailing us at support@heros.xyz. If your subscription includes a free trial, then, unless you cancel via your membership settings before your free trial ends, you will be charged for the first time after the specified free trial period ends and you’ll start an automatically renewing paid subscription on heros of the type you selected. The amount you are charged for a membership subscription may increase with notice to you. heros does not control the applicable tax that you may be charged and this amount may increase without notice to you.

11.6 You may cancel your free trial or recurring payments at any time, as described above. For monthly memberships, canceling or lowering the tier support of your membership will impact your next recurring charge. When you increase your payment during the current payment term, you may be credited for any payment already made in that term.

11.7 Canceling your membership or lowering the tier support below the applicable threshold may result in your loss of access to membership subscription benefits, including a athlete’s fan-only posts and other benefits. You may also lose access to membership subscription benefits if your payment method fails, we terminate your account, the athlete blocks you, the athlete stops making a membership available on Heros, the athlete deletes their heros account, or we remove the athlete from heros. We are not required to allow you to be a fan of or to otherwise interact with any particular athlete.

11.8 You are also charged the payment processing fee, which is calculated as a percentage of successfully processed payments and a flat fee per successfully processed payment and relates to the cost of processing payments from fans, including recurring billing, recovering declined payments, and fighting fraud;

11.9 Membership subscriptions vary and we have limited control over the quality and specific benefits. We attempt to screen for fraudulent athlete pages, but cannot guarantee the identity of athletes or the validity of any claims they make. We appreciate your help reporting suspicious pages so we can keep the heros’ community safe

11.10 If you are located in a jurisdiction in which heros is required to charge and collect tax, for example GST, VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing an offering or starting a paid subscription. heros remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.

11.11 If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

11.12 Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

11.13 We are not responsible for any foreign transaction fee charged for any payments by the fans.

11.14 If you sign-up to receive messaging from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS and email) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11.15 We take no responsibility and assume no liability for any loss or damages to a user arising from shipping information and/or payer information entered by the user, wrong remittance by the user in connection with the payment for the items purchased or delays or technical faults in the payment process. We reserve the right to check whether a user is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

12. Our Role

12.1 We look at some pages and posts on heros to enforce these terms and our policies. We also investigate reports of potential violations. These investigations may take a while to resolve and, primarily because heros may be exposed to risk based on what is done with funds earned on heros, may include reviewing activity outside of heros.

12.2 In most situations, we will work with athletes and fans to resolve any potential policy violations and allow the athlete or fan to continue using heros. heros may terminate athlete or fan accounts when we believe it is necessary to protect athletes, fans, heros, or the broader community, but it is not an action we take lightly.

12.3 heros reserves the right to remove an athlete or fan from participating in annual memberships. Removing a athlete from participation in annual memberships will remove the option for further fans to purchase annual subscriptions on heros for that athlete. Removing a fan from participation in annual memberships will prohibit that fan from purchasing further annual membership subscriptions on heros for any athlete. This will not, however, result in an automatic removal of the athlete or fan from heros, unless there is an independent basis for that removal.

12.4 Please let us know if you see potential violations of our terms. You can report them to support@heros.xyz.

12.5 As a global company based in the Republic of Singapore with operations in other countries, we must comply with international economic sanctions and trade restrictions,. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by the relevant government agencies.

13. Refund, Returns and Exchange Policy

13.1 We do not provide any other refunds save for certain exceptions which are granted at our sole discretion.

14. Cancellation and Termination

14.1 Your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 48 hours after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms & Conditions affects our lawful operation of the Service or third party users we may suspend your access to the Service at any time.
 

15. Limitation of Liability

15.1 The Company Site provides content from third parties, other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Company Site we will attempt to correct the inaccuracies as soon as we reasonably can.

15.2 You will not hold the Company responsible for other users' content, actions or inactions, including things they post or items they list. Instead, the Company Site is a venue to allow subscribed athletes to earn through monetising their content and fan engagement. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of subscribed athletes to sell items, the ability of subscribed fans to pay for items, or that a subscribed athlete or subscribed fan will actually complete a transaction.

15.3 We do not transfer legal ownership of items from the athlete to the fan. Unless the athlete and the fan agree otherwise, the fan will become the items’ lawful owner upon physical and/or digital receipt of the items from the athlete.

15.4 We cannot guarantee continuous or secure access to our Service, and operation of the Company Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.

15.5 We are also not liable for any losses arising out of or in connection with, any loss or corruption of data, nor are we liable for any losses arising out of or in connection with and/or as a result of you using the Company site and/or the Service.

15.6 Accordingly, to the fullest extent permitted at law, we will not be liable (whether in contract, tort – including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential, damages (including without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with these Terms and Conditions, the Company Site, the Service, the inability to use the Service or those resulting from any goods or services purchased or obtained or messages received or feedback or ratings posted to the Company Site or transactions entered into through the Service.

16. Indemnity

16.1 You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.

17. Information not belonging to you

17.1 You represent and warrant to us that by registering as a user, you are not acting on behalf of, or for the benefit of, anyone else. All details provided must be your details only. The use of information that does not belong to you will be seen as misuse by us. The compliance of these terms as well as the terms and conditions for the Services may also affect the risk assessment and the results of your credit check when using the Company Site and/or Services, including without limitation, affecting the payment options that are available to you.

18. Privacy Policy

18.1 We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Company’s Privacy Policy. We view protection of users' privacy as a very important community principle. For a complete description of how we use and protect your personal information, see the Company’s Privacy Policy.

18.2 Hence, by using the Company site and/or the Service, you accept that we may send you communications, payment information, notices and disclosures to you electronically, e.g to the email address or mobile phone number that you have provided.

18.3 If you have used the Services previously, there might be information stored about you, e.g. for customer administration, documentation and similar approved purposes. Where available, we will use such information to confirm your identity and simplify your use of the Service.

18.4 We may transfer data to other companies in the heros group, which may also use the data in the manner and for the purposes described herein. Your data may also be shared with the athlete you are a fan of and/or making your online purchase from

18.5 Furthermore, data may be transferred if a debt is sold to an external debt collection agency or equivalent. Data may also be transferred outside of Singapore to a country that does not require the same level of protection of personal data.

18.6 You have the right to receive a transcript of records of how your personal data is processed once a year free of charge.

18.7 If you object to your Information being transferred or used in this way, please do not use our Service.

19. Intellectual property

19.1 The Company and/or other third parties are the owner(s) of the licensee(s) of all intellectual property rights (“Intellectual Property Rights”) in the Company Site. Such Intellectual Property Rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, database rights, know-how, privileged or similar information, whether registered or not, or registerable by any means, and the right to file an application for registration thereof, as well as all other rights related to the Company or other third parties’ trademarks, products or business activities.

19.2 All rights, title and interests in all Intellectual Property Rights in all concepts, systems, written, graphic and other materials relating to the Company and/or other third parties shall at all times remain the property of the Company and/or other third parties.

19.3 Athletes keep full ownership of their creations and fans keep full ownership of what they post on heros, but we need licenses from you for this material in order to operate heros’ services effectively. By making creations available on heros or otherwise posting on heros, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creation or what you post in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize heros’ “legitimate interest” in it in accordance with the scope of this license.

19.4 The content of the Company Site is protected by Intellectual Property Rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for public or commercial purposes any of the materials or content on the Company Site without written permission from the Company.

19.5 Athletes may not re-post exclusive contents in any other platform or in any other manner whatsoever, including sharing those creations with others who have not purchased the offering or subscription through which those creations were made available.

19.6 Fans may not use creations posted by athletes in any way not authorized by the athletes, including sharing those creations with others who have not purchased the offering or subscription through which those creations were made available.
 

20. Third Party Websites

20.1 As a convenience to customers, the Company Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Company Site. If you use such websites or applications from third party, the terms and conditions for those websites apply. We disclaim all liability in connection with third party websites.

21. Advertising and Sponsorship

21.1 Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

22. No Agency

22.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
 

23. Applicable Law

23.1 These Terms and Conditions will be subject to the laws of Singapore. If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Singapore.

24. International Use

24.1 We make no promise that materials on the Company Site are appropriate or available for use in locations outside Singapore, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Singapore, you do so on your own initiative and are responsible for compliance with local laws.

25. Severability

25.1 If any of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

26. Entire Agreement

26.1 These Terms and Conditions incorporates by reference all terms, conditions, policies, guidelines and other information on the Company Site concerning the Company Site or the Service including but not limited to the Privacy Policy constitutes the entire agreement between parties with respect of the subject matter hereof and supersedes any prior written or oral agreement, claims, representations and understandings of the parties relating to the subject matter thereof.

27. Miscellaneous

27.1 To the extent there is a conflict between these Terms and Conditions and any applicable additional terms and conditions (for e.g the Company’s Privacy Policy), the applicable additional terms and conditions will apply unless otherwise expressly stated.

27.2 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

27.3 For the purposes of the Contracts (Rights of Third Parties) Act (Chapter 53B), this General Terms and Conditions is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

27.4 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

27.5 The Company shall not be responsible for any breach of these Terms and Conditions due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or any other event caused by circumstances beyond its reasonable control.

27.6 The Company Site is owned and operated by HEROSXYZ LTD. of 68 Circular Road #02-01 Singapore 049422.

27.7 If you have any queries please contact hi@heros.xyz.

Company Registration No. 202241642E

© HEROSXYZ PTE. LTD. 2023. All rights reserved.

Last update: 6 March 2023