Terms of Service

Last Updated: February 19, 2025

Welcome to SMB HEROES. These Terms of Service ("Terms") govern your access to and use of the SMB HEROES website, applications, and services (collectively, the "Services") provided by SMB HEROES ("SMB HEROES", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Services Overview

SMB HEROES provides a suite of logistics and delivery management tools, including:

  • Hermes Planner: A route planning and delivery management application for Shopify merchants
  • Talaria Driver: A mobile application for delivery drivers to manage routes and deliveries
  • Iris Track: A customer-facing tracking portal for real-time delivery updates

2. Account Registration

To use certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable law or regulation
  • Use the Services to transmit any unauthorized advertising or promotional materials
  • Impersonate or attempt to impersonate SMB HEROES, an SMB HEROES employee, or any other person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
  • Use any robot, spider, or other automatic device to access the Services
  • Introduce any viruses, trojan horses, worms, or other malicious code

4. SMS/Text Messaging Terms

By opting in to receive SMS text messages from SMB HEROES or through our Services, you agree to the following:

Consent: You consent to receive SMS text messages from SMB HEROES at the phone number you provide. These messages may include delivery notifications, order updates, tracking information, and service-related communications.

Message Frequency: Message frequency varies based on your use of the Services and delivery activity.

Opt-Out: You may opt out of receiving SMS messages at any time by replying "STOP" to any message you receive or by contacting us at support@smbheroes.com.

Costs: Message and data rates may apply. You are responsible for any charges from your mobile carrier.

Carriers: Carriers are not liable for delayed or undelivered messages.

Help: For help with SMS messaging, reply "HELP" to any message or contact us at support@smbheroes.com.

5. Fees and Payment

Certain features of the Services may require payment of fees. You agree to pay all fees associated with your use of the Services. All fees are non-refundable unless otherwise stated. We reserve the right to change our fees at any time with reasonable notice.

6. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by SMB HEROES, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business purposes in accordance with these Terms.

7. User Content

You retain ownership of any content you submit, post, or display through the Services ("User Content"). By submitting User Content, you grant SMB HEROES a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services to you.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate any third-party rights.

8. Third-Party Services

The Services may integrate with or contain links to third-party services, including Shopify, mapping services, and payment processors. We are not responsible for the content, terms, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms of those services.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SMB HEROES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless SMB HEROES and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party right, including any intellectual property or privacy right
  • Any claim that your User Content caused damage to a third party

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SMB HEROES operates, without regard to its conflict of law provisions.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SMB HEROES regarding your use of the Services and supersede all prior agreements and understandings.

18. Contact Us

If you have any questions about these Terms, please contact us at:

SMB HEROES
Email: support@smbheroes.com