Effective Date: December 12, 2024

These Terms and Conditions (“Terms” or “Agreement”) apply to your use of the Hero App and https://www.wisethings.co/hero (collectively known as, “Hero” or the ”Service”), which are owned and operated by Wise Things (“Wise Things”, also referred to herein as “We”, “Us”, or “Our”). In these Terms, “Customer”, “user” or “you” means any person using the Hero App.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING, DOWNLOADING OR ACCESSING HERO YOU ARE ENTERING INTO THIS AGREEMENT WITH US AND AGREE TO COMPLY WITH ALL OF ITS TERMS. THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE HERO.

SECTION 12 HAS AN ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH PROVISIONS.

1. Registration

   In order to use Hero, you must create an account and register with us (“Account”). You represent and warrant that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration information; (iii) your registration and your use of Hero is not prohibited by law; and (iv) your registration uses an actual email address owned and operated by you. You are responsible for your own registration and all use of Hero under it. You shall not share your password nor use Hero through using the registration of any third party. Your registration is personal to you and is not transferable by you to any third party without our prior written consent.

2. Minors

   Use of Hero is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use Hero if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use Hero, register as a Customer or send personal information to Hero.

3. Proprietary Materials and Ownership

   All the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on Hero (collectively, the “Hero Content”), and all software embodied or used in Hero (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by these Terms, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Hero Content is prohibited.

4. License to Use the Service

   We authorize you to access, view and use Hero Content and Software (collectively, “Property”) solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Property. Except as expressly permitted by these Terms, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting the Property in any way is strictly prohibited.

You agree, and represent and warrant, that your use of the Service and the Property will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.

You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.

5. Account Use; Award Redemption

   5.1 – An account will be opened for you upon registration within the Hero app. Your account status can be checked at any time from within the Hero app.

5.2 – Individuals may only open one Hero account. Attempts by a single person to open multiple accounts may result in suspension of all their accounts and awards.

5.3 – Award redemptions must be made within the Hero app. You may be asked to confirm information about yourself and/or your household in order to redeem awards.

5.4 – Hero coins, spins, sweepstakes entries, and other awards will be rewarded as described within the app.

5.5 – Receipt images uploaded or otherwise provided through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date. If any of this receipt information is illegible or missing, your receipt may not earn awards.

5.6 – Receipt images must be uploaded within 14 days of the in-store transaction to be eligible for awards. The same receipt may not be uploaded more than once. Up to 3 receipts per retailer per transaction date may be eligible for awards. You may only submit real, unmodified receipts for shopping trips that you were part of.

5.7 – Receipts that earn awards are limited to receipts from specified eligible retailers and/or stores as detailed within the Hero app; such eligible retailers or stores may be changed from time to time in our sole discretion.

5.8 – We reserve the right to change app functionality and Award redemption options

5.9 – The minimum award redemption value is \$5 (1,000 Coins).

5.10 – We will attempt to process redemption requests within 7 days of their submission.

5.11 – We may suspend or eliminate your Hero Account after three consecutive months of not uploading receipts or sharing data related to purchases.

5.12 – We may suspend or eliminate your Hero Account if fraudulent activity is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may not submit receipts resulting from shopping trips that you were not a part of or that have been modified in any way.

6. Sweepstakes, Contests & Promotions

   Any sweepstakes, contests or other promotions (collectively, “Promotions”) that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules.

7. Third Party Websites

   Hero may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site.

8. Feedback Submitted to Hero

   We are pleased to hear from you and welcome your comments about the Service. If you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, our sole property. None of the Service Comments will be subject to any obligation of confidence and we will not be liable for any use or disclosure of any Service Comments.

9. Warranty Exclusions and Limitations of Liability

   We do not warrant that Hero will operate error-free or without downtime. We may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access Hero, we are not responsible for the security of information that you choose to share with us while it is being transmitted. Additionally, we are not responsible for any data lost during transmission. Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at our option) to remedy the failure or to give you a credit for the amounts that may be owed to you as an award.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND THE PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR THE PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE PROPERTY. No advice or information, whether oral or written, obtained by you from or through the Service will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF ANY AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10. Digital Millennium Copyright Act

    We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).