1. Introduction and Acceptance
1.1 Agreement
These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Smash Media Inc, a Puerto Rico Corporation doing business as Heroworks.ai (“Company”, “we”, “us”, “our”).
By accessing or using the Heroworks.ai platform (“Service”, “Platform”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1.2 Company Information
Legal Entity: Smash Media Inc
DBA: Heroworks.ai
Address: 53 Palmeras Street Suite 601, San Juan PR 00901-2410
Jurisdiction: San Juan, Puerto Rico (U.S. Territory)
1.3 Eligibility
To use the Service, you must:
- Be at least 16 years old (or 18 in some jurisdictions)
- Have the legal capacity to enter into this Agreement
- If acting on behalf of an organization, have authority to bind that organization
If you are using the Service on behalf of a company or organization (“Organization”), you represent that you have authority to bind that Organization, and “you” includes the Organization.
1.4 Changes to Terms
We may modify these Terms at any time. When we make material changes:
- We will notify you via email or in-app notice
- Changes take effect 30 days after notice (or immediately for security/legal reasons)
- Continued use after changes constitutes acceptance
If you disagree with changes, you may terminate your account before they take effect.
2. Service Description
2.1 What We Provide
Heroworks.ai is a knowledge base platform that enables organizations to:
- Create, organize, and publish knowledge base articles
- Enable AI-powered search and chat for their content
- Collaborate with team members
- Translate content to multiple languages
- Customize the appearance of their knowledge base
2.2 AI-Powered Features
The Service includes artificial intelligence features:
| Feature | Description |
|---|---|
| AI Chat | AI assistant that answers questions based on your published content |
| Semantic Search | Search that understands meaning, not just keywords |
| Image Search | Find visually similar images |
| Auto-Translation | Automatically translate articles to other languages |
2.3 Service Tiers
The Service may be offered in different tiers (Free, Pro, Enterprise) with varying features and limitations. Specific tier features are described on our pricing page.
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must create an account by providing:
- A valid email address
- Your name
- A secure password
You may also sign up using Google authentication or your organization’s Single Sign-On (SSO).
3.2 Account Accuracy
You agree to:
- Provide accurate and complete information
- Keep your information up to date
- Not impersonate others or use false information
3.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of unauthorized access at security@heroworks.ai
We are not liable for losses caused by unauthorized use of your account.
3.4 One Account Per Person
Each user may maintain only one account. Organizations may have multiple user accounts under their Organization account.
4. User Content
4.1 Your Content
“User Content” means any articles, documents, images, files, or other materials you upload, create, or publish through the Service.
4.2 Ownership
You retain all ownership rights to your User Content. We do not claim ownership of your content.
4.3 License Grant
By using the Service, you grant us a limited license to:
- Store, display, and transmit your User Content to provide the Service
- Process your User Content with AI features you enable
- Create backups of your User Content
- Reproduce your User Content as necessary for the Service
This license:
- Is non-exclusive, worldwide, royalty-free
- Terminates when you delete your content or account
- Does not give us rights to sell or use your content for other purposes
4.4 Content Responsibility
You are solely responsible for:
- The legality of your User Content
- Ensuring you have rights to upload and share your content
- The accuracy of information in your content
- Compliance with applicable laws and regulations
4.5 Prohibited Content
You may NOT upload content that:
- Infringes intellectual property rights
- Contains malware, viruses, or harmful code
- Is illegal, defamatory, or harassing
- Violates privacy rights
- Contains personal data of others without consent
- Is spam, advertising, or promotional (unless your own products/services)
- Violates export control laws
4.6 Content Removal
We may remove User Content that:
- Violates these Terms
- Is illegal
- Is reported for infringement
- Poses security risks
We will attempt to notify you before removal when possible, except for emergencies.
5. AI Features - Limitations and Disclaimers
5.1 AI-Generated Content
AI features (chat, search, translation) generate content using artificial intelligence. This content:
- May contain errors, inaccuracies, or outdated information
- Is NOT professional advice (legal, medical, financial, etc.)
- Should be verified before relying on it for important decisions
- May not reflect your organization’s official policies
5.2 No Guarantee of Accuracy
WE DO NOT GUARANTEE THE ACCURACY OF AI-GENERATED CONTENT.
AI systems may:
- “Hallucinate” facts that are not true
- Misinterpret your content
- Provide incomplete answers
- Generate responses that differ from your source material
YOU ARE RESPONSIBLE FOR VERIFYING AI-GENERATED INFORMATION.
5.3 Translation Quality
Automatic translations:
- Are machine-generated and may contain errors
- May not capture nuance, idioms, or specialized terminology
- Should be reviewed by qualified translators for important content
- The original language version takes precedence in case of conflicts
5.4 AI Processing
When you enable AI features:
- Your published content is processed by third-party AI services (see Privacy Policy)
- You can exclude specific articles from AI processing
- Administrators can disable AI features for their workspace
5.5 Feedback
We are not obligated to implement any suggestions you provide about AI features.
6. Acceptable Use
6.1 Permitted Use
You may use the Service to:
- Create and manage knowledge bases for your organization
- Enable customers/employees to access your knowledge base
- Use AI features as intended
- Integrate with the Service via documented APIs
6.2 Prohibited Activities
You may NOT:
Security Violations:
- Attempt to access accounts or data not belonging to you
- Circumvent security measures or access controls
- Probe, scan, or test vulnerabilities without authorization
- Interfere with service availability (DDoS, etc.)
Content Violations:
- Upload illegal, harmful, or infringing content
- Distribute malware or harmful code
- Engage in spam, phishing, or fraud
- Harass, threaten, or abuse others
Service Abuse:
- Use the Service for competitive intelligence against us
- Resell access to the Service without authorization
- Exceed rate limits or consume excessive resources
- Scrape or bulk download content without permission
Legal Violations:
- Violate any applicable laws or regulations
- Infringe intellectual property rights
- Violate export control or sanctions laws
6.3 Enforcement
Violations may result in:
- Warning and request to correct
- Temporary suspension
- Permanent termination
- Legal action if warranted
7. Intellectual Property
7.1 Our Property
The Service, including its:
- Software, code, and technology
- Design, interfaces, and visual elements
- Logos, trademarks, and branding
- Documentation and content we create
are owned by Smash Media Inc and protected by intellectual property laws.
7.2 Limited License to You
We grant you a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms and your subscription tier.
7.3 Restrictions
You may NOT:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble the Service
- Remove copyright or proprietary notices
- Use our trademarks without permission
7.4 Feedback
If you provide feedback or suggestions about the Service:
- We may use them without compensation or attribution
- You grant us a perpetual, irrevocable license to such feedback
- We are not obligated to implement suggestions
8. Third-Party Services
8.1 Integrations
The Service may integrate with or link to third-party services:
- Google (Authentication, AI, Translation)
- Other services you choose to connect
8.2 Third-Party Terms
Your use of third-party services is subject to their own terms and privacy policies. We are not responsible for third-party services.
8.3 External Links
The Service may contain links to external websites. We are not responsible for external content or privacy practices.
9. Fees and Payment
9.1 Subscription Fees
If you subscribe to a paid tier:
- Fees are as described on our pricing page
- Billing is monthly or annual as selected
- Fees are non-refundable except as required by law
9.2 Payment
- Payment is due at the start of each billing period
- We may use third-party payment processors
- You authorize recurring charges for your subscription
9.3 Price Changes
We may change prices with 30 days’ notice. Changes apply at your next billing period.
9.4 Taxes
You are responsible for applicable taxes. Stated prices may not include taxes.
9.5 Overdue Payments
If payment is overdue:
- We may suspend your access
- We may charge late fees as permitted by law
- We may terminate your account after reasonable notice
10. Termination
10.1 Termination by You
You may terminate your account at any time:
- Cancel through account settings
- Email support@heroworks.ai
Upon termination:
- Access ends immediately
- You may request data export before termination
- Prepaid fees are not refunded (except as required by law)
10.2 Termination by Us
We may suspend or terminate your account:
- For violation of these Terms
- For illegal activity
- For non-payment
- For extended inactivity (with notice)
- To comply with legal requirements
- For any reason with 30 days’ notice
10.3 Effect of Termination
Upon termination:
- Your right to use the Service ends
- Your User Content will be deleted after a grace period (30 days)
- Provisions that should survive (e.g., liability, disputes) remain in effect
10.4 Data Export
Before termination, you may export your data through Settings → Privacy → Export Data.
11. Disclaimers
11.1 “As Is” Provision
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability
- Uninterrupted or error-free operation
11.2 No Professional Advice
The Service and AI features do NOT provide:
- Legal advice
- Medical advice
- Financial advice
- Professional advice of any kind
Consult qualified professionals for such matters.
11.3 Third-Party Actions
We are not responsible for:
- Actions of other users
- Third-party services or integrations
- Content uploaded by users
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Cost of substitute services
- Damages arising from unauthorized access to your data
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED:
The greater of:
- The amount you paid us in the 12 months before the claim, OR
- $100 USD
12.3 Exceptions
These limitations do not apply to:
- Our gross negligence or willful misconduct
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by law
12.4 Basis of the Bargain
These limitations reflect the allocation of risk between parties and are a fundamental basis of this Agreement.
13. Indemnification
13.1 Your Indemnification
You agree to indemnify, defend, and hold harmless Smash Media Inc, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any law or third-party rights
13.2 Procedure
We will:
- Notify you of any claim
- Allow you to control the defense (with our cooperation)
- Not settle without your consent (unless it fully releases us)
14. Dispute Resolution
14.1 Informal Resolution
Before filing any claim, you agree to try to resolve the dispute informally by contacting legal@heroworks.ai. We will try to resolve the dispute within 60 days.
14.2 Governing Law
This Agreement is governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict of law principles.
14.3 Jurisdiction
Any disputes not resolved informally shall be brought exclusively in the courts located in San Juan, Puerto Rico. You consent to personal jurisdiction in these courts.
14.4 Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
All disputes must be brought in your individual capacity.
14.5 Time Limitation
Any claim must be filed within one (1) year after the claim arose, or it is permanently barred.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.
15.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect. The invalid provision will be modified to the minimum extent necessary.
15.3 Waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
15.4 Assignment
You may not assign or transfer your rights under these Terms. We may assign our rights to any affiliate or successor.
15.5 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g., natural disasters, war, government actions, internet failures).
15.6 Notices
- To You: Via email to your registered address or in-app notification
- To Us: Via email to legal@heroworks.ai or mail to our address
Notices are effective upon receipt.
15.7 Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.
15.8 No Third-Party Beneficiaries
These Terms are for our benefit and yours. No third party may enforce these Terms.
16. Contact Information
General Inquiries:
Email: support@heroworks.ai
Legal Inquiries:
Email: legal@heroworks.ai
Privacy Inquiries:
Email: privacy@heroworks.ai
Mailing Address:
Smash Media Inc
53 Palmeras Street Suite 601
San Juan PR 00901-2410
17. Additional Terms for Specific Features
17.1 API Access
If you use our API:
- You must comply with our API documentation
- Rate limits and usage restrictions apply
- API access may be revoked for abuse
17.2 Enterprise Features
Enterprise customers may have additional terms specified in their Enterprise Agreement, which supersede these Terms where they conflict.
17.3 Beta Features
Beta features:
- Are provided “as is” without warranty
- May be changed or discontinued without notice
- Should not be used for production or critical purposes
Version History
| Version | Date | Summary of Changes |
|---|---|---|
| 1.0 | December 2025 | Initial version |