Terms of Service

By using the Hero Framework web site and software (the "Service"), a service of Electric Function, Inc. ("Electric Function"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Electric Function reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.HeroFramework.com/terms.

Violation of any of these agreements will result in the termination of your account. You agree to use the Service at your own risk and understand that Electric Function cannot and is not responsible for any information or data posted by users.

Account Terms:

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the security of your account and password. Electric Function cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account.
  6. Electric Function will not be held responsible for any damage, file loss, downtime, or other consequence of using this application.  Account holders use Hero Framework at their own risk.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. Dormant free trial accounts (inactive for 60 days or more) may be suspended or deleted.

Payment, Refunds, Upgrading and Downgrading

  1. A valid credit card may be required for paying accounts unless using other payment means such as PayPal. Free trial accounts are not required to provide a credit card number.
  2. If you upgrade to a paid account, you will be billed your monthly fee every 30 days.  If you cancel prior to the 30th day, you will not be billed.
  3. An upgrade from the trial to any paying plan will end your trial period. You will be billed as soon as you upgrade your account.
  4. No refunds will be given after you have purchased Hero Framework.  You have a 30-day free trial period in which to test the software and see if it is appropriate for your project.
  5. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Electric Function does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by accessing your Account Manager area and selecting "Cancel Account".
  2. All of your Content and personal information will be immediately deleted from the Service upon cancellation.
  3. Electric Function, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Paid accounts will be suspended with notice prior to deletion.  Electric Function reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Electric Function reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Hero Framework website (www.HeroFramework.com) or the Service itself.
  3. Electric Function shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  2. Electric Function does not pre-screen Content, but Electric Function has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

  1. All use of the Hero Framework software is bound to the terms of the License Agreement (http://www.HeroFramework.com/user_guide/license.html).
  2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Electric Function, or any other Electric Function service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Electric Function.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Electric Function customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. If your bandwidth or disk usage significantly exceeds the data storage and transfer limits of your service, we reserve the right to immediately disable your account or throttle your services until you can reduce your bandwidth consumption.
  10. Electric Function does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You expressly understand and agree that Electric Function shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (regardless of wether Electric Function has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service.
  12. The failure of Electric Function to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Electric Function and govern your use of the Service, superceding any prior agreements between you and Electric Function (including, but not limited to, any prior versions of the Terms of Service).
  13. You agree to hold harmless and indemnify Electric Function, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Electric Function will provide you with written notice of such claim, suit or action.
  14. These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Ontario, Canada, and you consent to the jurisdiction of such courts.

Questions & Contact

Any questions about these terms should be addressed to contact /at/ electricfunction.com.