Terms of service

Parties and definitions

1.1 These terms (the Terms) apply between Wonder Technologies AS, org. no. 929 267 834 MVA, Oreliveien 8, 0580 Oslo, Norway (the Supplier), and the business that orders services (the Customer). Heyroes is the name of the Supplier's services.

1.2 In the Terms, the following definitions apply

• Services: what the Customer has ordered, such as a website, online store, hosting and operations, maintenance, growth packages, superpowers, integrations, access to the App and add-on services
• App: the online service where the Heroes and the Supplier's team work for the Customer
• Heroes: the AI agents in the App, such as Felix, Astrid, Herman and Frida
• Customer Data: data that the Customer or the Customer's users enter, upload or connect, and data the Supplier processes for the Customer
• Output: texts, images, video, ads, analyses, suggestions and other content created for the Customer, with or without AI
• Credits: the units used when the Customer asks the Heroes for something new in the App, see clause 23
• User: a person to whom the Customer gives access to the App

1.3 The Terms apply to orders made via heyroes.com, in the App, by email, by signed quote, by signed agreement or by other written acceptance.

Formation of the Agreement and contract documents

2.1 The Agreement consists of the following documents, which take precedence in the order listed in the event of conflict:

• a signed quote, order confirmation or separate agreement
• the data processing agreement, for the processing of personal data
• these Terms
• any appendices, such as a specification, a description of the deliverables and a service level agreement

2.2 The Agreement is concluded when the Customer has accepted a quote or an order and the Supplier has confirmed the order. The Customer accepts the Terms by signing or approving a quote or order that refers to them, or by ticking the box that says so. The Supplier records which version of the Terms the Customer accepted, and when.

2.3 The Terms are always available at heyroes.com and can be saved and printed. They exist in Norwegian and English. In the event of conflict, the Norwegian version applies to customers in Norway and the English version to other customers.

2.4 The Customer's own purchasing terms do not apply unless the Supplier has accepted them in writing.

Eligibility and requirements

3.1 The Services are sold only to businesses and other organisations acting for business purposes, and not to consumers. The Customer must provide its organisation number or an equivalent registration number in its country, such as an EIN in the United States. The Customer confirms that it is not buying as a consumer.

3.2 The person placing the order confirms that they are authorised to enter into the Agreement on behalf of the Customer and that they are at least 18 years old.

3.3 The Customer is responsible for ensuring that ordering and using the Services is lawful for the Customer's business, including under marketing rules, e-commerce rules, data protection rules and rules for the Customer's industry.

Delivery and changes in scope

4.1 The scope and functionality are set out in the quote or order. Anything not expressly included is not part of the delivery.

4.2 Changes or additions after the Agreement is concluded may lead to a change in price, schedule or deliverables. The Supplier may require changes to be ordered in writing before work starts.

4.3 The Supplier decides the working method, the tools and who performs the work, and may use the Heroes, its own team and subcontractors.

Customer cooperation and responsibility for content

5.1 The Customer shall provide the content and access needed, such as text, images, logo, domain, logins and approvals, by the agreed deadlines. Delays caused by the Customer extend deadlines and delivery dates accordingly.

5.2 The Customer warrants that

• the Customer holds the rights to the content, trade marks, images and other material the Customer provides or uploads, and has the consent of the persons shown in images and video
• the Customer has a lawful basis for the personal data the Customer enters or uploads, such as enquiries and contact lists for ads, and has given the data subjects the information they are entitled to
• statements about the Customer's products and services are true and can be substantiated
• the ad accounts, website and other accounts the Heroes work in belong to the Customer, or the Customer has the right to use them

5.3 The Customer shall defend and indemnify the Supplier, and its directors, employees and subcontractors, against claims from third parties, including authorities and advertising platforms, arising from the Customer's content, the Customer's statements, the Customer's personal data or the Customer's breach of clause 22 or 30. This includes reasonable legal fees and other costs of dealing with the claim. The Supplier will tell the Customer about the claim without undue delay and cooperate at the Customer's expense.

5.4 If the Customer does not give feedback or approval within a reasonable time, the Supplier may treat the deliverable as approved or pause the work without liability.

Prices and payment

6.1 The price is set out in the quote, the order or on our websites, in the currency stated there. Prices are stated excluding VAT, sales tax, use tax, GST and similar taxes, which the Customer pays in addition where they apply. The Supplier pays the tax on its own income. If the Customer must by law withhold tax from a payment, the Customer adds what is needed for the Supplier to receive the full invoiced amount. The Customer pays the ad budget directly to the advertising platforms, and it is not included in the price.

6.2 Invoices are sent electronically, as an EHF e-invoice or by email. The payment term is 14 days for subscriptions and 1 day for one-off products, unless otherwise agreed in writing.

6.3 For one-off products, such as websites and online stores, 70 per cent is invoiced on ordering. The remaining 30 per cent is invoiced when the Supplier has completed the delivery and made it available to the Customer, with 1 day to pay, unless otherwise agreed in writing. The Customer may take the time it needs before launch, but payment does not wait for the launch. This also applies when the Customer is not ready to publish, for example because content, a domain or approval is missing on the Customer's side.

6.4 If the work is waiting for content, access or feedback from the Customer for more than 30 days, the Supplier may treat the delivery as completed and invoice the remaining 30 per cent. Whatever remains is delivered once the Customer has provided what is needed.

6.5 Subscriptions are invoiced in advance, monthly or annually, as the Customer chooses.

6.6 Recurring services, such as hosting, maintenance and add-on services, are invoiced according to the agreed billing cycle.

6.7 Work invoiced on a time basis costs NOK 1,600 per hour excluding VAT, or USD 160 for customers invoiced in US dollars, unless otherwise agreed in writing.

6.8 Late payment

In the event of late payment, the Supplier may charge a reminder fee and late payment interest under the Norwegian Late Payment Interest Act (forsinkelsesrenteloven), and suspend or restrict the Services, including the website and hosting, until payment is received. The Supplier gives notice before the Services are suspended. The Supplier uses Kravia for payment reminders and debt collection. A reminder is sent after 3 days with a new 5-day deadline and no fee, and a debt collection notice is sent after a further 3 days with a 14-day deadline and a fee of NOK 35. Debt collection costs may be charged to the Customer in accordance with applicable rules.

6.9 Price changes

The Supplier may change the prices of ongoing services with at least 30 days' written notice. The change applies from the next billing period. If the price increases by more than the Norwegian consumer price index (konsumprisindeksen) for the past year, the Customer may terminate the affected service with effect from the day the price changes.

6.10 Errors in prices

The Supplier may correct an obvious error in a published price or a quote before the order is confirmed, and the Customer may then withdraw the order free of charge.

6.11 Card payments

If the Customer pays by card, the Customer shall contact the Supplier at hello@heyroes.com and give the Supplier the chance to resolve the matter before disputing a charge with the card issuer. This does not limit the right to dispute a charge that was not authorised. If a charge for Services that have been delivered is disputed without cause, the amount remains payable, and the Customer covers the fees the Supplier incurs.

Minimum term and termination

7.1 The minimum term and notice period are set out in the quote or order. If nothing is stated there, the following applies:

• The growth packages Minihero™, Everyday Hero™ and Superhero™ (Minihelt™, Hverdagshelt™ and Superhelt™ in Norway), the superpowers and the integrations have no minimum term and 3 months' notice. The notice period runs from and including the calendar month in which the notice is received, and the Customer is invoiced until the end of the notice period according to the chosen billing cycle.
• Website packages and online store packages that include operations have a 12-month minimum term from delivery. After that, they continue with 3 months' notice.
• Automatic renewal: other subscriptions run for 12 months and renew automatically for 12 months at a time, unless the Customer gives notice at least 3 months before expiry.

7.2 Notice of termination must be sent in writing to hello@heyroes.com, and the Supplier will confirm it.

7.3 If the Customer terminates during the minimum term, the Customer pays for the remainder of the minimum term. This amount is an agreed price for the commitment and not a fee for switching provider.

7.4 Either party may terminate the Agreement by written notice if the other party materially breaches it and does not remedy the breach within 30 days of written notice, or if the other party goes bankrupt or becomes insolvent.

7.5 On termination, clause 25 on data export and deletion applies. Third-party licences and subscriptions, such as premium plugins, themes, email services and payment solutions, are normally provided by third parties and may end if the Customer does not continue them.

Operations and maintenance

8.1 What is included in operations and maintenance depends on the chosen package and is set out in the quote or order. The provisions on operations, hosting, monitoring, backups and security apply only when the Customer has an active operations and maintenance agreement, or when this has been agreed in writing.

8.2 Without a maintenance package, the Customer is itself responsible for updates to WordPress, themes and plugins, and for security, access management and monitoring.

8.3 The Supplier cannot guarantee that third-party services and plugins, such as WooCommerce, payment solutions and analytics tools, will continue to work if the third party changes its terms, interfaces or features.

8.4 Anything the Customer has not ordered in writing is not included, such as photography, video, copywriting, paid licences and integrations.

8.5 Support and changes are provided according to the chosen package or at the agreed hourly rate. The Supplier decides the working method and priorities.

Service level agreement (SLA)

9.1 The service level agreement applies to websites in operation when the Customer has an active operations and maintenance agreement, or when it has been agreed in writing. It does not apply to the App, see clause 21.12.

9.2 Uptime is measured as the availability of the web server and platform, and does not cover the Customer's internet connection, third-party DNS or third-party services such as payment solutions and external interfaces. Scheduled maintenance and force majeure do not count as downtime.

9.3 Response and resolution times apply during normal working hours on business days, 09:00 to 17:00 Norwegian time, unless otherwise agreed in writing.

9.4 If the error is caused by third-party services, the Customer's content or changes, lack of maintenance outside the Agreement or circumstances beyond the Supplier's control, the work may be invoiced at the hourly rate.

9.5 The uptime and the times in the table are targets the Supplier works towards, not guarantees. If they are not met, the Supplier will correct the error under clause 10.3, and the Customer is not entitled to damages or compensation for this, subject to the exceptions in clause 16.6.

Acceptance and notice of defects

10.1 Delivery has taken place when the solution has been published on the agreed domain or otherwise made available to the Customer, for example on a test address. This also applies when the Customer itself chooses to wait before launching.

10.2 The Customer shall review the delivery within 14 days of delivery and give written notice of any errors and defects. If the Customer does not give notice within this period, the delivery is deemed accepted.

10.3 The Supplier will correct documented errors within a reasonable time and at no extra cost when the error is caused by the Supplier's delivery. If correction is not achieved within a reasonable time, the Customer may claim a proportionate price reduction for the affected delivery and, if the defect is material, terminate the Agreement for that delivery. Other claims are governed by clause 16.

10.4 If the error is caused by circumstances beyond the Supplier's control, such as third-party services, the Customer's content, the Customer's changes or lack of maintenance, troubleshooting and correction may be invoiced.

Rights and licence

11.1 When the Customer has paid in full for an agreed one-off delivery, the Customer obtains ownership of that specific delivery, such as source files, the WordPress installation, theme setup and configured functionality as delivered, unless otherwise agreed in writing.

11.2 The Supplier retains the rights to the App, the Heroes, the Heroes' instructions, frameworks, methods, templates, components, code libraries and anything else created independently of the delivery or used across customers. Where such elements form part of the delivery, the Customer receives a perpetual, non-exclusive right to use them together with the delivery.

11.3 The Customer owns Customer Data. The Output belongs to the Customer once it has been paid for, to the extent it is protected by copyright or other rights. Content created wholly or partly with AI is not always protected by copyright, and the Supplier does not guarantee that the Customer can prevent others from using similar content. AI may also create content that resembles that of others, and the Customer should check important Output, such as logos, before using it as a trade mark.

11.4 The Customer grants the Supplier the right to use Customer Data and the Customer's material to the extent needed to deliver the Services. The Supplier does not use Customer Data to train AI models.

11.5 The Customer shall have full administrative access to WordPress and to accounts created for the Customer, to the extent this is practically possible and does not conflict with the third party's terms. For security reasons, the Supplier may restrict certain access rights during operation, but the Customer always has access to its own content and its own data.

11.6 The Supplier may name the Customer as a reference or show the work as a case study only when the Customer has agreed to it.

11.7 If the Customer gives the Supplier suggestions or feedback about the Services, the Supplier may use them freely and without payment, as long as the Customer is not named.

Domain names and access to the content

12.1 Where the Supplier registers or administers a domain or hosting for the Customer, the domain shall be registered in the Customer's name, and the Customer grants the authorisations needed.

12.2 The Customer is responsible for all content published on the website, such as text, images, products, statements and marketing.

12.3 The Customer pays third-party costs, such as domain, email services, payment solutions and other subscriptions, unless otherwise agreed.

Privacy and data processing

13.1 When the Supplier processes personal data on behalf of the Customer, the data processing agreement applies. It forms part of the Agreement and applies without a separate signature.

13.2 The Customer is normally the controller of personal data collected through the Customer's solutions, and is responsible for the lawful basis, information to data subjects, consent to cookies and other obligations under data protection rules.

13.3 The Supplier uses subcontractors. Who they are, what they do and where they process data is set out in clause 16 of the data processing agreement, and how the Customer is notified of new ones is set out in clause 7.4 of the data processing agreement.

13.4 Websites operated by the Supplier are hosted by Hostinger in the United Kingdom, which is covered by an EU adequacy decision. The App runs in Stockholm, and the database is located in Ireland. Some subcontractors, including the AI and email providers, process data in the United States. Such transfers have a valid basis under the General Data Protection Regulation (GDPR), see clause 10 of the data processing agreement.

13.5 The Supplier's own processing of personal data is described in the privacy notice.

13.6 Where US state privacy laws apply to the personal data, clause 17 of the data processing agreement also applies.

Cooperation with authorities

14.1 If the Customer is subject to supervision or receives orders from authorities, such as the Norwegian Data Protection Authority (Datatilsynet) or the Financial Supervisory Authority of Norway (Finanstilsynet), the Supplier will, on reasonable request, assist with documentation about the Services.

14.2 The assistance covers data, logs and other information about the Services to the extent this is lawful, does not breach confidentiality obligations or third-party rights, and the Customer has a legal basis for the request.

14.3 The assistance may be invoiced on a time basis, unless otherwise agreed in writing. Assistance under the data processing agreement is invoiced according to the rules set out there.

Security and availability

15.1 The Supplier has security measures appropriate to the risk and describes them on the security page (in Norwegian). However, the Supplier does not guarantee that the Services are free of errors or always available.

15.2 The Supplier is not liable for security breaches caused by circumstances on the Customer's side, such as weak passwords, lack of two-factor authentication, shared logins and systems outside the agreed maintenance.

15.3 The Supplier may suspend access if misuse, a breach of clause 22 or a security incident is suspected, in order to protect systems and data. The Supplier will notify the Customer as soon as it is prudent to do so.

15.4 WordPress and plugins may be exposed to hacking, malware and viruses, even when the website was built by the Supplier. If this happens, the Supplier helps with troubleshooting and recovery under the agreed maintenance package, or at the hourly rate when the website is not hosted by the Supplier.

15.5 For online stores, the Customer is responsible for choosing, setting up and using a payment provider. The Supplier is not liable for losses relating to payment data, card data or transactions at third parties.

15.6 The Customer is responsible for its own procedures, access management and use of two-factor authentication, and for notifying and following up security incidents on its side, including obligations under data protection rules.

Limitation of liability

16.1 Neither party is liable for indirect losses, such as loss of profit, loss of revenue, loss of savings, loss of goodwill or reputation, loss of data, business interruption, third-party claims and other consequential losses.

16.2 In the event of errors and defects, the Customer may claim correction, a price reduction or termination under clause 10.3. The Customer may only claim damages where the Supplier has acted negligently, and only within the limit in clause 16.3.

16.3 The Supplier's total liability for all claims under the Agreement is limited to the Customer's documented direct loss, and to no more than the amount the Customer has paid for the affected Service in the 3 months before the matter giving rise to the claim. In any event, the liability shall never exceed NOK 50,000 in total per calendar year, or USD 5,000 for customers invoiced in US dollars.

16.4 The Supplier is not liable for

• ad budgets, the results of ads, visibility in search or other results of the marketing
• content and Output the Customer has approved or published, and decisions the Customer makes on the basis of suggestions, reports or figures in the Services
• circumstances at third parties, such as hosting outside the Agreement, domain registrars, payment providers, email services, advertising platforms and providers of AI models
• attacks, malware and intrusions by others where the Supplier has complied with clause 15
• losses caused by circumstances on the Customer's side, such as incorrect information, lack of cooperation or breach of clauses 5 and 22

16.5 If the Customer loses data, the Supplier's obligation is limited to restoring the most recent available backup. The Customer should keep its own copies of content and data that are important to its business.

16.6 The limitations in clauses 16.1 to 16.5 do not apply in cases of gross negligence or wilful misconduct, in cases of personal injury, or where mandatory law provides otherwise. Nor do they limit the Customer's obligation to pay for the Services or the Customer's liability under clause 5.3.

16.7 Claims against the Supplier must be made in writing, with reasons, within 2 months after the Customer discovered or should have discovered the matter, and no later than 12 months after the matter arose. Otherwise the claim lapses.

Force majeure

17.1 Neither party is liable for delay or non-performance caused by circumstances beyond that party's control, such as natural disasters, war, terrorism, strikes, pandemics, government measures, serious attacks on computer systems and serious disruptions at third parties, including AI providers and advertising platforms.

17.2 If the circumstance lasts more than 60 days, either party may terminate the Agreement with immediate effect.

Changes to the Terms

18.1 The Supplier may change the Terms with at least 30 days' written notice by email or in the App. If the change is materially to the Customer's disadvantage, the notice period is at least 60 days, and the Customer may terminate the affected Services with effect from the day the change takes effect.

18.2 Changes required by law, official orders or security may take effect immediately.

18.3 These Terms apply to new customers from the date of their order. For customers who already have an agreement, they apply from 1 January 2027.

Communication and assignment

19.1 Communication under the Agreement takes place electronically. Notices to the Supplier are sent to hello@heyroes.com, and notices to the Customer to the contact person or administrator the Customer has designated.

19.2 The Supplier may assign the Agreement to a company in the same group or in connection with a transfer of business. The Customer may not assign the Agreement without written consent.

Governing law and disputes

20.1 The Agreement is governed by Norwegian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

20.2 The parties shall first try to resolve any dispute through negotiation.

20.3 For customers in Norway, the EU, the EEA and Switzerland, disputes are settled by Oslo District Court (Oslo tingrett), which is the agreed venue.

20.4 For customers in other countries, disputes are finally settled by arbitration in Oslo under the rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce (Voldgiftsinstituttet ved Oslo Handelskammer), with a sole arbitrator. The seat of arbitration is Oslo, Norway, and the proceedings are conducted in English unless the parties agree otherwise. The arbitration and the award are confidential.

20.5 Either party may nevertheless ask the courts for interim measures, and the Supplier may recover undisputed claims before the courts where the Customer is located.

Special terms for the App and the Heroes

21.1 The Supplier gives the Customer access to the App as part of the growth packages and add-on services. In the App, the Heroes work together with the Supplier's team. Which Heroes and features the Customer has access to depends on the package and the add-on services.

21.2 Accounts in the App are created by invitation from the Supplier or the Customer's administrator. If self-registration is open, the person registering must provide an organisation number, accept the Terms and the privacy notice, and confirm that they are authorised to enter into agreements on behalf of the business. An account does not in itself give any right to services. An agreement for packages and add-on services is concluded when the Supplier has confirmed the order.

21.3 A free trial applies for the period and with the limitations stated in the App. It is provided as is, without warranties and without any entitlement to a service level, and the Supplier may end it at any time. The rights under clause 25 do not apply to the trial period.

21.4 The Customer is responsible for who is given access, for removing access for persons who should no longer have it, and for ensuring that Users keep their login details to themselves and use two-factor authentication where available.

21.5 By default, all changes require the Customer's approval in the App. The Customer may choose to allow certain small actions that can be reversed, such as negative keywords and pausing a single ad, to be carried out without approval each time. Changes to the budget, new ads, new keywords and pausing an entire campaign always require approval. Publishing on social media without approval of each post requires a separate authorisation.

21.6 When the Customer approves a suggestion in the App, it is the Customer's decision. Each suggestion shows what will change and the figures behind it, and the Customer shall read this before the suggestion is approved. Before an approved change is made, the App checks, among other things, that it is within the authorisation, that the figures still support it and that the budget limit is respected.

21.7 The Heroes cannot enter into agreements, make payments, change prices, grant themselves new access, permanently delete data or make changes to accounting records. If the Customer has authorised it, a Hero may pause a campaign when the landing page is not responding, to prevent unnecessary spend. The campaign is restarted only after the Customer's approval.

21.8 The Customer pays the ad budget directly to Google, Meta and other advertising platforms. The Customer sets a budget limit in the App. The Supplier is not liable for costs incurred with the advertising platforms as a result of changes the Customer has approved, or as a result of errors, changes or delayed figures at the platforms.

21.9 The Output is created with the help of AI and checked before it is shown to the Customer, but it may contain errors, be incomplete or resemble content created by others. The Customer is responsible for Output the Customer approves for publication, including ensuring that it is accurate, does not infringe the rights of others and complies with the marketing rules where it is published, such as the Norwegian Marketing Control Act (markedsføringsloven), the platforms' rules and other rules. The Supplier does not guarantee that the Output will achieve any particular result.

21.10 The Supplier ensures that the Heroes and the chat disclose that they are AI, and that images, video and speech created by the Heroes are marked as AI-generated as required by the EU Artificial Intelligence Act (AI Act). When the Customer publishes content created with AI that shows realistic people, voices or events, the Customer is responsible for labelling it as AI-generated. The Customer shall not remove the marking.

21.11 To enable the Heroes to work, the Customer grants access to services such as Google Ads, Meta, Google Analytics, Google Search Console, WordPress and the Customer's CRM. The access credentials are stored encrypted and may be revoked by the Customer at any time. If the Customer revokes access, parts of the Services may stop working without this constituting a defect in the delivery.

21.12 The App is provided as it is at any given time, and the Supplier continues to develop and change its features. The Supplier works to keep the App available and functioning, but does not guarantee that it always will be. The service level in clause 9 does not apply to the App unless otherwise agreed in writing. If the Supplier removes a material feature the Customer pays for, the Customer will be notified at least 30 days in advance and may terminate the affected service.

21.13 The App uses third-party services, including language models from Anthropic and images, video and speech from OpenAI, Higgsfield and ElevenLabs. Under the terms of the services the Supplier uses, Customer Data is not used to train the models.

Acceptable use

22.1 The Customer and Users shall not use the Services to

• break the law or infringe the rights of others, such as copyright, trade marks and privacy
• create misleading marketing, fake reviews or statements that cannot be substantiated
• create content that impersonates a real person, or realistic images, video or voices of real people without their consent
• create sexual content, content that exploits or sexualises children, hateful content or content that incites violence
• run political ads or ads about elections and referendums
• target job ads or ads for housing, loans or insurance in a discriminatory way
• use practices prohibited by the AI Act, such as manipulation that exploits vulnerabilities
• send spam, or marketing by email, text message or phone, without the necessary consent
• break the rules of the advertising platforms and social media
• circumvent security measures, gain access to the data of others, copy the App, extract content automatically or place an abnormal load on the Services
• use the Services for or on behalf of persons or entities that are subject to sanctions

22.2 The Customer shall not enter sensitive data, such as health data or national identity numbers, in the App unless this has been agreed in writing.

22.3 The Supplier may refuse assignments, stop content and suspend access in the event of a breach of this clause. In the event of material or repeated breaches, the Supplier may terminate the Agreement.

Credits

23.1 The packages in the App include a number of AI Credits each month. Credits are used when the Customer asks the Heroes for something new, such as a message, a campaign, ad copy, an article, an image or a video. The cost of each action is shown in the App.

23.2 What the Heroes do on their own, such as the morning check, the weekly brief, the suggestions and the impact reports, and everything the Supplier's team does for the Customer, costs no Credits.

23.3 The monthly quota is refilled on the 1st of each month. Unused Credits from the quota do not carry over to the next month.

23.4 The Customer may buy top-ups. Top-ups are valid for 12 months from purchase and are used after the monthly quota.

23.5 Credits have no monetary value, cannot be transferred and are not refunded, including on termination. The Supplier may change the cost of actions with 30 days' notice in the App.

Confidentiality

24.1 The parties shall keep confidential what they learn about each other's business, prices, customers, figures, plans and technical solutions, and use it only to perform the Agreement.

24.2 This obligation does not apply to information that is publicly known, that the party already had, or that must be disclosed by law or official order.

24.3 The parties may share confidential information with employees, advisers and subcontractors who need it for the purposes of the Agreement and are bound by equivalent confidentiality obligations.

24.4 The obligation applies for three years after the Agreement ends, and for as long as the information remains a trade secret.

Switching provider and exporting data

25.1 The Customer may at any time request to export Customer Data or to switch to another provider, including before the Agreement ends. The Supplier starts the transition within 2 months of the Customer's request and normally completes it within 30 days.

25.2 The Customer can get

• from the App: enquiries, customers and orders from the CRM, campaigns, Output, uploaded files and settings, as JSON and, for files, in their original format. Until the Customer can do this in the App, the Supplier delivers the export within 10 working days of the Customer's request
• from websites in operation: a full copy of WordPress with files and database
• domains and third-party accounts registered in the Customer's name, such as ad accounts, Google Analytics and Search Console, which the Customer always has access to

The Supplier's software, the Heroes and the Heroes' instructions cannot be exported, see clause 11.2.

25.3 When the Agreement ends, the Customer has 30 days to export the data. No later than 30 days after that, the Supplier deletes or anonymises Customer Data, including in its subcontractors' systems, and confirms this on request. This does not apply to what the Supplier must retain by law, such as accounting records, or to security and audit logs, which are kept for up to two years.

25.4 The export from the App and a copy of the website are free of charge. Help with migration, setup with a new provider and other work is invoiced at the hourly rate. For customers in the EU and the EEA, from 12 January 2027 the Supplier does not charge for the switch itself under the EU Data Act, beyond the agreed price for the minimum term.

Sanctions and export control

26.1 The Customer confirms that the Customer, its owners and its management are not subject to sanctions imposed by Norway, the EU, the UN, the United Kingdom or the United States, and that the Services will not be used in countries or for purposes prohibited by such rules.

26.2 If it becomes clear that clause 26.1 is not correct, or that the Agreement cannot lawfully be performed because of sanctions, the Supplier may suspend the Services and terminate the Agreement with immediate effect.

Third party platforms

27.1 Much of the work takes place in services owned by others, such as Google, Meta, TikTok, LinkedIn and WordPress. The Customer must follow their terms and rules, and they may change their services, reject ads, or restrict, suspend or close accounts, without the Supplier being able to influence this.

27.2 The Supplier is not liable for such decisions, but will help the Customer, within the scope of the Agreement, to find the cause and fix what can be fixed.

Warranties

28.1 The Supplier shall deliver the Services with reasonable care and skill, as described in the Agreement.

28.2 EXCEPT AS STATED IN THE AGREEMENT, THE SERVICES, THE APP, THE HEROES AND THE OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, THE SUPPLIER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

28.3 The Supplier does not promise any particular result, such as rankings, traffic, leads, sales or return on ad spend. Figures, customer stories and examples on our websites and in the App show what others have achieved or what is possible. They are not a promise of what the Customer will achieve.

Copyright complaints

29.1 If you believe that content on a website we operate, or in the Services, infringes your copyright, send a notice to hello@heyroes.com marked Copyright. The notice must say which work it concerns and where the content is, include your contact details and your signature, and confirm that you believe in good faith that the use is not allowed, that the information is correct and that you may act for the rights holder.

29.2 The Supplier may remove or block the content and will tell the Customer concerned, and the Customer may object with reasons. The Supplier may end the access of a Customer that repeatedly infringes the rights of others.

Customers in the United States

30.1 This clause applies in addition to the rest of the Terms when the Customer is established in the United States.

30.2 DISPUTES ARE SETTLED BY ARBITRATION IN OSLO UNDER CLAUSE 20.4. TO THE EXTENT THE LAW ALLOWS, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND CLAIMS CAN ONLY BE BROUGHT INDIVIDUALLY AND NOT AS A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

30.3 The Customer is responsible for ensuring that the ads, messages and other content it approves comply with the US rules that apply to the Customer, including the FTC Act and the FTC's rules on endorsements, reviews and testimonials, CAN-SPAM, the Telephone Consumer Protection Act (TCPA), state privacy laws and laws that require AI-generated people in ads to be disclosed, such as New York General Business Law section 396-b.

30.4 If the Supplier brings a claim to collect overdue amounts under clause 20.5 and succeeds, the Customer pays the Supplier's reasonable attorneys' fees and costs.