Earnings Disclaimer &Privacy Policy

Last updated: October 14, 2025

FTC Earnings Disclaimer

In the interest of being FTC compliant…

You should assume that if you click on any link on Heroic.us at any time, we will make money. And if we're not receiving financial rewards from the links and products mentioned on this site, then you should assume that we are getting other major benefits. Finally, if we mention any product or service of any type, you should assume that we got a copy of said product or service for free and that this monetary relationship has completely altered everything that we have said about it.

Overview

Thank you for choosing to be part of our community at Heroic Enterprises, Public Benefit Corporation ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at [email protected].

When you visit our website http://www.heroic.us/ (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

Table of Contents

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. DO WE USE GOOGLE MAPS?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. What information do we collect?
Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; billing addresses; debit/credit card numbers; contact preferences; user images; user comments/posts; and other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe, ProfitWell, Onboardflow, Apple Store and Google Play. You may find their privacy notice link(s) here: https://stripe.com/privacy, https://www.profitwell.com/privacy-policy, https://onboardflow.com/legal/privacy/, https://www.apple.com/legal/privacy/en-ww/ and https://policies.google.com/privacy?hl=en.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps") and hardware settings).

• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

AI Coach

We value your privacy and are committed to protecting your data. All user data, including questions and replies, is securely stored in a private database accessible only to our authorized team members. This information is not monitored in real-time and is only reviewed if necessary for purposes such as optimizing the AI or improving our services. Rest assured, your interactions remain confidential and are handled with the utmost care to ensure your trust and security.”

2. How do we use your information?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

• To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.

• Request feedback. We may use your information to request feedback and to contact you about your use of our Website.

• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

• To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).

• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website

• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

• To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.\

• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).

• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. Will your information be shared with anyone?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Website) or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile.

4. Do we use cookies and other tracking technologies?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

5. Do we use Google Maps?

In Short: Yes, we use Google Maps for the purpose of providing better service.

We use Google Maps APIs (which is subject to Google’s Terms of Service) as part of the Optimize Oasis community platform. You may find the Google Maps APIs Terms of Service here. To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

6. How long do we keep your information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. How do we keep your information safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. What are your privacy rights?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at [email protected].

Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can reach out to the team at [email protected].

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

• Access your account settings and update your preferences.

• Contact us using the contact information provided.

9. Controls for Do-Not-Track features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. Do California residents have specific privacy rights?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name	YES
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	YES
D. Commercial information	Transaction information, purchase history, financial details and payment information	YES
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	YES
G. Geolocation data	Device location	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;

• Participation in customer surveys or contests; and

• Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by visiting https://www.heroic.us/support, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

Heroic Public Benefit Corporation has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Heroic Public Benefit Corporation will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data
Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;

• the categories of personal information that we collect;

• the purposes for which the collected personal information is used;

• whether we sell your personal information to third parties;

• the categories of personal information that we sold or disclosed for a business purpose;

• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data

• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by visiting https://www.heroic.us/support, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

11. Do we make updates to this notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at [email protected] or by post to:

Heroic Public Benefit Corporation
9901 Brodie Lane
Ste 160 #1388
Austin, TX 78748
United States

13. How can you review, update, or delete the data we collect from you?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit send an email to [email protected]. We will respond to your request within 30 days (but typically much sooner!).

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Terms of Service

Last updated : November 4, 2025

Welcome to Heroic. Heroic provides various programs, content and tools to help people (" Customers" or " you") become and be the best, most "Heroic" version of themselves (as modified, collectively, the " Heroic Programs"). The websites at https://heroic.us and https://www.optimize.me (collectively, the " Sites"), the mobile applications (the " Mobile Apps") and the various other related content, tools, services and other features, functions, software, applications and websites (together with the Heroic Programs, the Sites, the Mobile Apps, collectively the " Heroic** Services**") are provided and operated, and are being made available to you, the other Customers and the other users of any of the Services (collectively, "Users") by Heroic Enterprise, a Public Benefit Corporation ("**Heroic ", " us " or " we**"). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.

IMPORTANT! THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS AND USE OF THE HEROIC PROGRAMS, THE SITES, THE APPLICATIONS AND THE OTHER HEROIC SERVICES. BY CLICKING "I AGREE", DOWNLOADING, USING, CONFIGURING OR ACCESSING THE HEROIC PROGRAMS, THE SITES, THE MOBILE APPS OR ANY OF THE OTHER HEROIC SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE, AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS OF SERVICE AND HEROIC'S PRIVACY POLICY (HTTPS://WWW.HEROIC.US/PRIVACY)(THE "PRIVACY POLICY") AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE ANY OF THE HEROIC PROGRAMS OR OTHER HEROIC SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Heroic to binding and final arbitration. You will only be permitted to pursue claims against Heroic on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Eligibility.

TO ACCESS AND USE THE HEROIC PROGRAMS, THE SITES, THE MOBILE APPS AND THE OTHER HEROIC SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE. BY CLICKING "I AGREE," ACCESSING AND USING THE HEROIC PROGRAMS OR ANY OF THE OTHER HEROIC SERVICES, YOU REPRESENT THAT:

• YOU HAVE NEVER PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE HEROIC PROGRAMS, OR ANY OF THE OTHER HEROIC SERVICES;

• YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HEROIC;

• YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND

• YOU ARE NOT A COMPETITOR OF HEROIC AND DO NOT INTEND TO USE THE HEROIC PROGRAMS, OR ANY OF THE OTHER HEROIC SERVICES FOR REASONS THAT ARE IN COMPETITION WITH THE HEROIC SERVICES OR OTHERWISE TO REPLICATE SOME OR ALL OF THE HEROIC SERVICES FOR ANY REASON.

2. Privacy.

Your privacy is important to Heroic. Our goal is to make the Heroic Programs and the other Heroic Services as good, useful and rewarding for you as possible. In order to do that, Heroic may collect and process information from you when you use the Heroic Programs or any of the other Heroic Services. Heroic will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing or using the Heroic Programs or any of the other Heroic Services, you agree that Heroic may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when you access or use the Heroic Programs or any of the other Heroic Services, and in some cases, information that is provided by or through any of the Heroic Services.

3. The Heroic Programs

3.1 Heroic Programs. Heroic currently provides the following three (3) programs to help you become and be the best, most "Heroic" version of yourself and close the gap between who you are and who you are capable of being, as more particularly described on the Sites:

(a) Heroic App. The app gives you more wisdom in less time through a variety of philosopher's notes, 101 series lessons, and other video and written content (as modified, " Optimize").

(b) Social TrainingPlatform. The Social Training Platform provides a variety of training content, tools, and lessons that help you move from Theory to Practice to Mastery (as modified, " Social Training Platform").

(c) Heroic Coach. Heroic Coach is a 300-day program that may help you change your life (as modified, " Heroic Coach"). For more on the research of Heroic Coach, please visit https://www.heroic.us/coach/research.

3.2 Accessing and Using the Heroic Programs.

(a) To access and use the Heroic Programs, you must register and create an account.

(b) You may access and use the Heroic Programs through the Sites and the Mobile Apps. To access and use the Heroic Programs through the Mobile Apps, you must first download the Mobile App onto your phone or other mobile device from the Google Play Store or the Apple App Store (the " App Store").

(c) In registering and creating an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (" Registration Data"), and (ii) maintain and promptly update the Registration Data, including the information associated with your payment method, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Heroic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Heroic has the right to suspend or terminate your account and prohibit you from accessing and using the Heroic Programs and/or any of the other Heroic Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to access and use the Heroic Programs or any of the other Heroic Services if you have been previously removed by Heroic or if you have been previously banned from accessing and using the Heroic Programs or any of the other Heroic Services.

(d) When accessing the Heroic Programs through the Mobile App that was downloaded from an App Store, you acknowledge and agree that: (a) these Terms are concluded between us, and not with the App Store, and that we are solely responsible for the Mobile App (and not the App Store); (b) the App Store has no obligation to furnish any maintenance and support services with respect to the Mobile App; (c) the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party's intellectual property rights; and (d) you must also comply with all applicable third party terms of service, including the Apple App Store Terms and Conditions and the Usage Rules or the Google Play Terms of Service, when using the Mobile App.

3.3 Subscriptions and Programs

(a) Heroic Subscriptions.

Heroic subscriptions provide ongoing access to Heroic’s digital platform, including the Heroic App, premium and live content, and social features. Access is available on an annual or monthly subscription basis (the “Subscription”). Subscriptions renew automatically unless canceled through your account settings, your applicable app store subscription settings, or by notifying Heroic at [email protected] at least two (2) days before the start of the next billing period.

(b) Heroic Programs.

Heroic Programs include all structured training experiences and other one-off courses or digital training offerings available for purchase. Each program is designed as a fixed-term experience with defined modules, lessons, and resources. Program access includes all content available at the time of purchase. Future updates or expansions may be offered separately as optional upgrades.

(c) Workshops and Events.

Heroic offers live and virtual workshops, instructor training, and other events on specific dates. Each event includes its own schedule, participation requirements, and cancellation or refund window as outlined below.

(d) Physical Goods and Merchandise.

Heroic offers books, apparel, or other physical products through its Sites or events.

(e) App Store Subscriptions.

Purchases through the Apple App Store or Google Play are billed and managed by Apple or Google. To avoid renewal or make changes, cancel directly at the store of purchase. Heroic is not able to view, cancel, prorate, or refund charges processed by Apple or Google.

4. Fees, Payments and Refunds

4.1 Fees Overview

The current fees for all subscriptions, programs, workshops, events, and merchandise are listed at  https://heroic.us (the “Fees”). Heroic may update Fees at any time as described in Section 4.3.

4.2 Payments and Taxes

(a) Payments. All Fees are due at the time of registration or renewal. You authorize Heroic to charge your chosen payment method for all applicable Fees.

(b) Payment Processing. Payments are processed through third-party providers such as Stripe or the applicable app store (each a “Payment Processor”). Your payments are subject to the Payment Processor’s terms of service. You agree to provide accurate billing information and authorize Heroic to share relevant transaction data for processing.

(c) Future Services. Fees apply only to the subscription or program period purchased and do not guarantee access to future content or services.

(d) Trials & Intro Offers. Plans that include a free trial or introductory price will automatically convert to a paid Subscription at the then-current rate unless cancelled before the trial/intro period ends. Refunds for trials that convert follow the same rules as initial purchases in Section 4.4.

4.3 Changes in Fees and Payment Methods

Heroic may adjust Fees or introduce new charges at any time by posting updates on its Sites, App or notifying you by email. Continued use after such notice constitutes acceptance of the updated Fees.

4.4 Refunds

(a) Subscriptions.

You may cancel and request a refund within fourteen (14) days of your initial payment.

After fourteen (14) days from the first purchase, all subscription Fees are non-refundable, but Heroic may offer a credit or service extension at its discretion. Cancellations take effect at the end of the current billing period.

(b) Programs.

Refunds for short programs (Basic Training, Mastery) are available within fourteen (14) days of initial payment. Longer programs (Coach, Workshop Instructor Training) are available within thirty (30) days of initial payment. After that, Fees are non-refundable unless a verified technical or service issue prevented delivery. When refunds are not available, Heroic may offer a credit, reschedule, or transfer to a future program.

(c) Workshops and Events.

Workshops and other Heroic events are refundable (full or partially) based on an event-specific schedule with different windows up until the scheduled event date. Within thirty (30) days, Fees are non-refundable but may be transferred to another participant or credited toward a future event. If Heroic cancels an event, all related Fees will be refunded in full.

(d) Physical Goods and Merchandise.

Refunds are available for defective, damaged, or unopened items returned within thirty (30) days of delivery. Heroic may issue replacements or credits in place of cash refunds at its discretion.

(e) Refund Method & Timing. Approved refunds are issued to the original payment method only. Bank and card processing times vary (typically 5–10 business days). Any currency conversion differences, bank fees, or third-party charges are not refunded.

(f) Disputes, Chargebacks & Abuse.

If a payment is disputed through your payment provider, Heroic will not issue a refund while the dispute is active. If the dispute is resolved in Heroic’s favor, no further refund will be made. If resolved against Heroic, no duplicate refund will be issued. To protect the service, Heroic may suspend accounts or deny future refunds where we reasonably detect fraud, misuse, or excessive chargebacks.

(g) Contact.

To request a refund or remedy, contact [email protected] with proof of purchase and a brief description of the issue. Heroic will acknowledge receipt and respond within five (5) business days.

Nothing in this section limits any statutory consumer rights that cannot be waived under applicable law.

5. Grant of Rights; Unauthorized Use.

5.1 Grant of Rights.

Subject to your compliance with all the terms and conditions set out in these Terms, Heroic hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Heroic Programs, the Site and the other Heroic Services, to the extent of, and in accordance with, these Terms.

5.2 Prevention of Unauthorized Use.

Heroic reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Heroic Programs, or the circumvention of the other Heroic Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

6. Additional Policies.

When accessing or using any of the Heroic Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Heroic Programs, the Sites and the other Heroic Services which may be posted from time to time (as modified from time to time, the " Policies"). All such Policies are hereby incorporated by reference into these Terms.

7. Respecting other People's Rights.

Heroic respects the rights of others and so should you. You shall treat all other Users with respect, including the other Customers.

8. Modification of these Terms.

Heroic reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites, or any of the other Heroic Services. If Heroic updates these Terms, it will update the "last updated" date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Heroic Programs, or any of the other Heroic Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Heroic will use commercially reasonable efforts to notify you of such change. Heroic may provide notice through a pop-up or banner within the Heroic Services, by sending an email to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Heroic may require you to provide consent by accepting the changed Terms. If Heroic requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Heroic, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Heroic Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL OF THE HEROIC SERVICES.

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

9. Digital Millennium Copyright Act.

It is Heroic's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Heroic' DMCA Notification Guidelines at https://heroic.us/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Heroic reserves the right to terminate without notice any User's access to the Sites and the other Heroic Services if that User is determined by Heroic to be a "repeat infringer." In addition, Heroic accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

10. Prohibited Conduct.

BY ACCESSING OR USING ANY OF THE HEROIC PROGRAMS OR OTHER HEROIC SERVICES, YOU AGREE NOT TO:

10.1 Access or use any of the Heroic Programs or other Heroic Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Heroic Programs or other Heroic Services, or using the Heroic Programs as part of a service bureau or outsourcing offering;
10.2 Provide any services, directly or indirectly, that are similar to, or based on, the Heroic Programs or any of the other Heroic Services;
10.3 Copy, disclose, or distribute any data or other information available through the Heroic Programs, the Sites or any of the other Heroic Services, including any information, in any medium, including without limitation on the Sites, by any automated or non-automated "scraping;"
10.4 Interfere with, circumvent or disable any security or other technological features or measures of the Heroic Programs or attempt to gain unauthorized access to the Heroic Programs;
10.5 Use bots or other automated methods to: access the Heroic Services, download any information, send or redirect messages or perform any other activities through the Heroic Programs or any of the other Heroic Services;
10.6 Take any action that Heroic determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
10.7 Upload invalid data, viruses, worms or other software agents through the Sites and/or any of the other Heroic Services;
10.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
10.9 Access and use the Heroic Programs or any of the other Heroic Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or10.10 Use any of the Heroic Services for any commercial solicitation purposes.

11. Third-Party Sites.

The Sites and/or any of the other Heroic Services may now or in the future include links or references to other web sites or services (" Third-Party Sites") solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Heroic does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Heroic Programs are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

12. ** Mobile and Data Services.**

You are responsible for any mobile and data charges that you may incur in connection with the access and use the Heroic Programs or any of the other Heroic Services. If you're unsure what those charges may be, you should ask your service provider before using any of the Heroic Programs or other Heroic Services.

13. Termination; Terms of Use Violations.

13.1 Heroic.

You agree that Heroic in its sole discretion, for any or no reason, your access and use of any of the Heroic Programs or other Heroic Services and remove and discard all or any part of your information, at any time. Heroic may also in its sole discretion and at any time discontinue providing access to the Heroic Programs or any of the other Heroic Services, or any part thereof, with or without notice. You agree that any termination of your access and use any of the Heroic Programs or other Heroic Services may be effected without prior notice, and you agree that Heroic will not be liable to you or any third party for any such termination. Heroic reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Heroic to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Heroic may have at law or in equity. As provided herein, Heroic does not permit copyright infringing activities on the Sites or any of the other Heroic Services, and Heroic shall be permitted to terminate access to any of the Heroic Programs or other Heroic Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD HEROIC HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEROIC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HEROIC OR LAW ENFORCEMENT AUTHORITIES.

13.2 You.

Your only remedy with respect to any dissatisfaction with (i) the Heroic Programs, the Sites or any of the other Heroic Services, (ii) any term of these Terms or (iii) any policy or practice of Heroic in operating the Heroic Programs, the Sites or the other Heroic Services, is to terminate your use of the Heroic Programs and any other Heroic Services. You may terminate your use of any of the Heroic Programs at any time.

14. Ownership; Proprietary Rights.

The Heroic Programs, the Sites and the other Heroic Services are owned and operated by Heroic. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Heroic Programs and the other Heroic Services provided by Heroic (the " Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the Heroic Programs or the other Heroic Services are the property of Heroic or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Heroic or its affiliates and/or third-party licensors. Except as expressly authorized by Heroic , you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Heroic reserves all rights not expressly granted in these Terms.

You hereby grant to Heroic a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Heroic Programs, the Sites and/or the other Heroic Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.

15. Indemnification.

You agree to indemnify, defend, and hold Heroic its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Heroic Programs, the Sites or any of the other Heroic Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Heroic reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Heroic and you agree to cooperate with Heroic' defense of these claims. Heroic will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. No Warranties; Disclaimers.

16.1 No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEROIC AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE " HEROIC PARTIES") DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE HEROIC PROGRAMS, THE SITES AND THE OTHER HEROIC SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HEROIC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE HEROIC PROGRAMS, THE SITES OR THE OTHER HEROIC SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HEROIC PARTIES OR THROUGH THE HEROIC PROGRAMS, THE SITES OR THE OTHER HEROIC SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16.2 "As Is" and "As Available" and "With all Faults."

YOU EXPRESSLY AGREE THAT THE HEROIC PROGRAMS, THE SITES AND THE OTHER HEROIC SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE HEROIC PROGRAMS OR THE OTHER HEROIC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

16.3 PLATFORM OPERATION AND CONTENT.

THE HEROIC PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE HEROIC PROGRAMS, THE SITES OR ANY OF THE OTHER HEROIC SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

16.4 ACCURACY.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY HEROIC, THE HEROIC PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE HEROIC PROGRAMS OR ANY OF THE OTHER HEROIC SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

16.5 Harm to your Mobile Devices.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN TRAINING, INFORMATION, MATERIALS, RESULTS OR DATA THROUGH THE HEROIC PROGRAMS, THE SITES OR ANY OF THE OTHER HEROIC SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17. Limitation of Liability and Damages.

17.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE HEROIC PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE HEROIC PROGRAMS, YOUR USE OF THE SITES OR ANY OF THE OTHER HEROIC SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH HEROIC OR ANOTHER CUSTOMER OR OTHER USER, EVEN IF HEROIC OR A HEROIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HEROIC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17.2 Limitation of Damages.

IN NO EVENT WILL THE HEROIC PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE HEROIC PROGRAMS, THE SITES OR ANY OF THE OTHER HEROIC SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH HEROIC PROGRAMS, ANOTHER CUSTOMER OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES AND/OR THE TRAINING FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

17.3 Release for Disputes between Users.

If you have a dispute with any other Customers or other Users or other third parties, you hereby release Heroic and the other Heroic Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

17.4 Third-party Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HEROIC AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE HEROIC PROGRAMS OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

17.5 Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT HEROIC HAS OFFERED THE HEROIC PROGRAMS AND THE OTHER HEROIC SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HEROIC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HEROIC. HEROIC WOULD NOT BE ABLE TO PROVIDE THE HEROIC PROGRAMS OR ANY OF THE OTHER HEROIC SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.6 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

18. United States Export Controls.

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Heroic Programs or the other Heroic Services or any underlying intellectual property, information or technology except with the prior written approval of Heroic and in full compliance with all United States, foreign and other applicable export control laws and regulations.

19. Miscellaneous.

19.1 Notice.

Heroic may provide you with notices, including those regarding changes to these Terms, by email or postings on any of the Heroic Programs. Notice will be deemed given twenty-four hours after the email is sent, unless Heroic is notified that the email address is invalid. Notices posted on any of the Sites or the other Heroic Services are deemed given 30 days following the initial posting.

19.2 Waiver.

The failure of Heroic to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Heroic.

19.3 Dispute Resolution.

If a dispute arises between you and Heroic, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Heroic agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Heroic Programs, the Sites, the Mobile Apps or any of the Heroic other Services (a " Dispute") will be resolved in accordance with this Section 18.3 or as Heroic and you otherwise agree in writing. Before resorting to these dispute methods, Heroic strongly encourages you to first contact Heroic directly to seek a resolution.

(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE HEROIC PROGRAMS.

(b) Arbitration and Class Action Waiver.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS**.**

(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND HEROIC (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE HEROIC SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION''S RULES FOR ARBITRATION AND YOU AND HEROIC HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE TRAVIS COUNTY, TX. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND HEROIC WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

Neither you nor Heroic will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST HEROIC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Customer or other User or third party, if Heroic is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 18.3(b) is found not to apply to you or your claim, you and Heroic agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Travis County, Tx. Both you and Heroic irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Heroic may bring a claim for equitable relief in any court with proper jurisdiction.

(iii) Survival. This arbitration agreement will survive the termination of your access or use any of the Heroic Programs or other Heroic Services or your relationship with Heroic.

(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 18.3 above by sending written notice of your decision to opt-out to [email protected]. The notice must be sent to Heroic within thirty (30) days of your use of any of the Heroic Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(d) Improperly Filed Claims. All claims you bring against Heroic must be resolved in accordance with this Section 18.3. All claims filed or brought contrary to this Section 18.3 shall be considered improperly filed. Should you file a claim contrary to this Section 18.3 , Heroic may recover attorneys' fees and costs up to $15,000, provided that Heroic has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(e) Prevailing Party. In the event that either party institutes any arbitration, legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, the Heroic Programs or any of the other Heroic Services, the prevailing party in the arbitration, suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.

(f) LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE HEROIC PROGRAMS OR ANY OF THE OTHER HEROIC SERVICES OR YOUR RELATIONSHIP WITH HEROIC MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.

19.4 Severability.

If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19.5 Relationship of the Parties.

The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Heroic. Nothing in these Terms shall create any obligation between either party and a third party.

19.6 Assignment.

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Heroic without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

19.7 Survival.

Upon termination of these Terms, your access and use of the Heroic Programs, the Sites or any of the other Heroic Services or your relationship with Heroic, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 - 18.

19.8 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

19.9 Entire Agreement.

These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and Heroic relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Heroic as set forth in Section 8.

19.10 Geographic Restrictions.

Heroic is based in the state of Texas in the United States. Heroic makes no claims that accessing or using the Heroic Programs or any of the other Heroic Services or any of the tools or content is accessible or appropriate outside of the United States. Accessing or using the Heroic Programs, the Sites, the Mobile Apps or any of the other Heroic Services may not be legal by certain persons or in certain countries. If you access any of the Heroic Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Heroic with respect thereto.

19.11. Electronic Communications.

The communications between you and Heroic use electronic means, whether you visit any of the Sites or other Heroic Services or send Heroic e-mails, or whether Heroic posts notices on the Sites or other Heroic Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Heroic in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Heroic provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

19.12 Disclosures.

The Heroic Programs, the Sites and the other Heroic Services are offered by Heroic Enterprises, located at: Heroic Enterprises 9901 Brodie Lane Austin, TX 78748 and email: [email protected].

If you are a California resident, you may have this same information emailed to you by sending a letter to Heroic Enterprises, 913 Main St., Bastrop, TX 78602 with your email address and a request for this information.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.