TERMS OF SERVICE

INTRODUCTION

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and HERCS Technology Inc. ("HERCS," "we," "us," or "our"), concerning your access to and use of the HERCS Application (the "App") and any related services provided therein. By accessing or using the App, you agree to these Terms, including all additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the App, whether you are merely browsing as a visitor, creating content as a contributor, or engaging in tipping and other financial transactions as an active participant. You acknowledge that your access to and use of the App is conditional on your acceptance of these Terms, and by continuing to use the App, you confirm that you have read, understood, and agree to abide by them. If you do not agree with these Terms or any part thereof, you are expressly prohibited from using the App and must discontinue use immediately. HERCS reserves the right to refuse access to the App to anyone, for any reason, at any time, without prior notice. This includes users who fail to comply with the Terms, engage in prohibited activities, or violate applicable laws. HERCS further reserves the right to modify, suspend, or discontinue the App, or any part thereof, without liability, at its sole discretion. These Terms govern all aspects of the App, including but not limited to content creation, sharing, user interactions, and tipping functionalities, and outline the rights and responsibilities of all parties involved. Any failure to adhere to these Terms may result in suspension or termination of your account, removal of your content, or other appropriate actions as determined by HERCS.

CHANGES TO THESE TERMS

HERCS reserves the right, at its sole discretion, to amend, modify, or replace these Terms of Service at any time for any reason. Any updates or changes to these Terms will be reflected by the "Last Updated" date provided at the top of this document, and all revisions shall be effective immediately upon posting unless otherwise stated. We may choose to notify users of significant changes via email, push notifications, or App announcements, but it is your sole responsibility to periodically review these Terms to stay informed of updates. Continued use of the App after revisions to the Terms constitutes your acceptance of the updated agreement. HERCS retains the right to modify any aspect of the App, including functionalities, features, policies, or user access, to improve services, ensure compliance with legal or regulatory requirements, or for other operational reasons. Such modifications may include but are not limited to: Enhancements to App functionalities or performance. Adjustments to platform fees, tipping mechanisms, or withdrawal processes. Changes to eligibility criteria or content standards. You acknowledge that HERCS is under no obligation to provide prior notice for updates or changes to the App or these Terms, except as required by law.

ELIGIBILITY

The App is available for use by individuals who meet the following criteria: You are at least 13 years of age. Users under the age of 18 must have parental or guardian consent to use the App, as outlined in these Terms. You possess the legal capacity to enter into a binding agreement under applicable laws. You agree to comply with all applicable local, state, federal, and international laws and regulations regarding your use of the App. The App is not designed or intended for users under the age of 13. In compliance with the Children's Online Privacy Protection Act (COPPA), HERCS does not knowingly collect personal information from users under 13. If we become aware that a user under 13 has provided personal information, we will delete such information and terminate the associated account. For more information, refer to our Privacy Policy. Users are prohibited from accessing or using the App if: They are located in a jurisdiction where the App is restricted or prohibited by law. They have previously had their account suspended or terminated by HERCS for violations of these Terms or applicable laws. HERCS reserves the right to verify your age, identity, and compliance with eligibility requirements through reasonable means, including requests for additional documentation or information.

USER-GENERATED CONTENT AND CONTRIBUTIONS

HERCS provides users with the opportunity to share, create, and interact with content on the App, including but not limited to fitness plans, diet tips, videos, text posts, and multimedia (collectively referred to as "User Content"). By submitting or posting User Content, you agree to the following conditions: Ownership and Licensing: You retain ownership of all User Content you create. However, by uploading or sharing such content on the App, you grant HERCS a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to: Display, distribute, and promote your content within the App. Modify, adapt, or translate content to enhance accessibility and usability. Content Standards: User Content must adhere to the following standards: Be accurate, original, and free of misleading information. Comply with all applicable intellectual property laws and regulations. Avoid defamatory, explicit, or harmful materials. Content Removal: HERCS reserves the right to remove, restrict, or disable access to any User Content that: Violates these Terms or our Community Guidelines. Is deemed inappropriate, offensive, or harmful by HERCS, at its sole discretion. User Responsibility: You are solely responsible for the legality and appropriateness of your User Content. HERCS is not liable for disputes arising from your contributions.

TIPPING AND FINANCIAL TRANSACTIONS

The tipping feature provided by the HERCS App represents a core element of the platform's community-based approach. It allows users to directly show appreciation for valuable content or contributions by other users. This system of tipping fosters collaboration, incentivizes the creation of high-quality user-generated content, and enhances the overall engagement within the App. To ensure transparency and clarity, the terms governing tipping and financial transactions are outlined below.

Nature of Tipping

Tipping on the HERCS App is a voluntary action performed at the discretion of users. It is intended as a token of appreciation for content creators who provide engaging, informative, or inspirational contributions. Tips are not obligatory and do not constitute contractual payments for services rendered or goods provided. By participating in the tipping feature, both the giver and recipient acknowledge and agree to the following: The tipping process is a non-reversible financial transaction once completed. Tipping is intended solely for community engagement and is not to be construed as a commercial service or taxable benefit provided by HERCS.

Platform Fees

HERCS implements a platform fee on all withdrawal transactions to sustain and improve the operational efficiency of the App. This fee is automatically deducted before funds are disbursed to the recipient’s designated payment account. The platform fee is applied to cover critical expenses related to: Maintaining and upgrading the App’s technological infrastructure. Ensuring seamless and secure financial transaction processes through third-party payment providers. Investing in App development, including enhancements to the tipping system and community features. The specific percentage of the platform fee is clearly disclosed within the App interface during the withdrawal process. HERCS reserves the right to adjust platform fees as necessary, with notice provided to users in advance of any changes. Users must review and accept the platform fee prior to initiating a withdrawal.

Tax Compliance

The receipt of tips on the HERCS App may be subject to tax obligations under applicable federal, state, and local laws in the United States. HERCS does not provide tax advice or filing services; users are solely responsible for understanding and complying with their individual tax requirements. The following principles apply: Income Reporting: Users must report tipping income on their annual tax filings, as required by law. Thresholds and Forms: Third-party payment processors, such as PayPal, may issue a Form 1099-K to users whose earnings exceed the IRS-mandated thresholds. Recordkeeping: Users are advised to maintain accurate and detailed records of tipping transactions for tax purposes. By using the tipping feature, users agree that HERCS is not liable for any consequences arising from their failure to comply with tax regulations.

Security of Transactions

All tipping transactions are facilitated through third-party payment processors to ensure the security and integrity of financial data. HERCS does not store or process payment information directly. Users are responsible for: Ensuring the accuracy of payment details provided during the withdrawal process. Maintaining the security of their personal payment accounts to prevent unauthorized access. In the event of a suspected security breach, users must notify HERCS immediately via the App’s support channels. HERCS will cooperate with users and payment processors to address potential fraudulent activity, though ultimate liability for unauthorized transactions may rest with the user or payment processor, depending on the circumstances.

Finality of Transactions

Tipping transactions within the HERCS App are final and non-refundable. Once a tip has been processed and funds transferred to the recipient, the transaction cannot be reversed under normal circumstances. This policy is designed to uphold the voluntary nature of tipping and prevent misuse of the feature. Exceptions to this policy may include: Technical Errors: Refunds may be considered in cases where tipping transactions fail due to App malfunctions or system errors. Unauthorized Transactions: Refunds may be granted if tipping activity results from unauthorized access to a user’s account, subject to verification. Users seeking a refund for exceptional circumstances must contact HERCS support with detailed evidence of the issue. All refund requests will be reviewed on a case-by-case basis, and HERCS retains sole discretion in determining eligibility.

Limitations and Restrictions

To maintain the integrity of the tipping system and prevent abuse, HERCS may implement restrictions on tipping activity. These restrictions may include but are not limited to: Transaction Limits: Setting minimum or maximum tipping amounts per transaction or per user within a defined time period. Verification Requirements: Requiring additional identity verification for users engaging in high-volume tipping activity. Usage Monitoring: Monitoring tipping patterns to identify and mitigate potential misuse, fraud, or violations of App policies. HERCS reserves the right to suspend or terminate the tipping feature for any user found to be engaging in prohibited activities, including but not limited to money laundering, spamming, or coercive behavior.

Modifications to Tipping Policies

HERCS retains the right to modify or update its tipping policies at any time to reflect changes in operational needs, legal requirements, or user behavior. Updates to tipping policies will be communicated to users through the App, and users must review and accept these changes to continue using the tipping feature.

User Responsibilities

By using the tipping feature, users agree to: Tip responsibly and in accordance with their personal financial capabilities. Refrain from using tipping as a tool for coercion, harassment, or other inappropriate behavior. Ensure compliance with all applicable laws and regulations governing financial transactions and taxation. Users who fail to adhere to these responsibilities may face suspension or termination of their accounts, as well as legal consequences where applicable.

REFUND POLICY

HERCS operates a transparent refund policy designed to address specific situations in which users may seek financial redress. However, due to the nature of tipping as a voluntary exchange between users, refunds are generally not offered except under clearly defined circumstances.

General Principles

Refunds are processed at HERCS's sole discretion and are considered only for scenarios involving technical errors, unauthorized transactions, or other exceptional cases. Users should carefully review all tipping transactions before confirming them, as HERCS cannot retroactively reverse payments unless compelling evidence of an error or violation is provided.

Eligibility for Refunds

Technical Errors: Refunds may be granted if tipping transactions fail to process correctly due to App malfunctions, such as duplicate charges or unintended payments. Unauthorized Transactions: Users who experience unauthorized access to their account resulting in tipping transactions may request a refund upon providing supporting documentation. Service Failures: In rare instances where HERCS services fail to deliver promised benefits, refunds may be considered on a case-by-case basis.

Requesting a Refund

To initiate a refund request, users must: Submit a written request via contact@gohercs.com. Include detailed information about the transaction, such as the date, amount, and reason for the request. Provide any additional evidence supporting the claim, such as screenshots or payment processor confirmations. HERCS reviews all refund requests and communicates its decision via email.

Non-Eligible Scenarios

Refunds will not be granted in the following situations: Dissatisfaction with the content or services provided by other users. Voluntary tips made in appreciation of user-generated content. User errors, such as tipping the wrong recipient.

Refund Processing Timeline

Eligible refunds are processed through the original payment method used for the transaction. Refunds may take up to 30 business days to reflect in the user’s account, depending on the payment processor's policies.

COMMUNITY GUIDELINES

HERCS fosters a safe, inclusive, and respectful environment where users can interact, share ideas, and build meaningful connections. To achieve this, all users must adhere to the following Community Guidelines.

Respectful Interaction

Users must engage respectfully with others. Harassment, discrimination, and abusive behavior are strictly prohibited. This includes but is not limited to: Hate speech targeting individuals or groups based on race, religion, gender, or sexual orientation. Bullying, intimidation, or threats, whether explicit or implied. Disruptive behavior that undermines the collaborative spirit of the App.

Content Standards

All content shared within the App must align with HERCS's quality standards, which prioritize accuracy, constructiveness, and appropriateness. Prohibited content includes but is not limited to: Misleading or unverified fitness and health claims. Explicit, defamatory, or obscene materials. Materials promoting violence, self-harm, or illegal activities.

Reporting Violations

HERCS empowers users to report content or behavior that violates these guidelines. Reports can be submitted through: In-App reporting tools accessible via user profiles or content pages, if available. Direct communication with HERCS support at contact@gohercs.com. HERCS reviews all reports and takes appropriate action, including content removal or account suspension.

Consequences of Violations

First-time violations may result in warnings or temporary restrictions. Repeated or severe violations may lead to permanent account suspension. Legal action may be taken for violations involving unlawful activities.

PRIVACY POLICY

HERCS is committed to protecting user privacy and handling personal data responsibly. By using the App, users agree to the collection, use, and storage of their information as outlined in HERCS's Privacy Policy.

Data Collection

HERCS collects various types of user data to enhance the App’s functionality and user experience. This includes: Personal Information: Name, email address, and other account registration details. Activity Data: Information about user interactions within the App, such as tipping history and content contributions. Device Information: Technical data, such as IP addresses and operating system details.

Data Use

Collected data is used to: Personalize user experiences by recommending relevant content. Facilitate secure transactions and prevent fraudulent activity. Ensure compliance with applicable laws and regulations.

User Rights

Users have the right to: Access and update their personal information. Request deletion of their data, subject to limitations imposed by law or ongoing investigations. Opt out of non-essential data collection or processing activities.

COPPA Compliance

HERCS adheres to the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect data from users under the age of 13.

HEALTH AND FITNESS DISCLAIMER

HERCS is committed to promoting fitness and wellness through user-generated content, tools, and features designed to enhance your health journey. However, it is important to emphasize that the App is not a substitute for professional medical advice, diagnosis, or treatment. By using the App, you acknowledge and agree to the following terms regarding the limitations of the health and fitness information provided.

General Disclaimer

The App and its content are offered for informational and educational purposes only. HERCS does not employ licensed healthcare or fitness professionals, and the materials available through the App should not be considered as professional advice. Consulting Professionals: Users are strongly encouraged to consult a licensed physician, certified personal trainer, or registered dietitian before beginning any new fitness program, dietary regimen, or wellness practice, especially if they have underlying health conditions, chronic illnesses, or prior injuries. Content Verification: While HERCS strives to maintain a positive and reliable platform, user-generated content is not reviewed or endorsed by HERCS for accuracy or safety. HERCS disclaims responsibility for any errors, omissions, or misleading information.

Assumption of Risk

By engaging in any fitness, dietary, or wellness activities suggested through the App, users assume all risks associated with such activities. These include but are not limited to: Physical injuries resulting from improper exercise techniques. Adverse reactions to dietary plans, including allergic responses or nutritional deficiencies. Mental health impacts arising from unrealistic fitness goals or excessive training.

Specific Limitations

No Medical Claims: The App does not diagnose, treat, or cure medical conditions. Not for Emergency Use: If you experience an emergency or require immediate medical attention, contact your local emergency services.

Examples of User Responsibility

A user with a pre-existing heart condition must seek medical clearance before starting high-intensity workouts suggested by other users. Users allergic to certain foods should verify dietary recommendations independently.

LIMITATION OF LIABILITY

HERCS takes great care to provide a secure, user-friendly, and functional platform. However, like all digital services, certain limitations and risks are inherent in the use of the App. This section defines the extent of HERCS’s liability and your responsibilities as a user.

Scope of HERCS’s Liability

HERCS is not liable for indirect, incidental, or consequential damages arising from: Service Interruptions: Outages caused by routine maintenance, cyberattacks, or technical failures. Loss of Data: Accidental deletion, corruption, or unauthorized exposure of user data. Third-Party Actions: Misuse or misrepresentation by other users or external entities.

Direct Damages

For claims directly attributable to HERCS’s negligence, liability is limited to the total amount of platform fees you paid during the six months preceding the incident. This limitation applies even if HERCS has been advised of the possibility of such damages.

No Warranty Clause

HERCS provides the App "AS IS" and "AS AVAILABLE," without any warranties, express or implied. Specifically: HERCS does not guarantee uninterrupted, error-free operation of the App. HERCS is not responsible for ensuring that content provided by users is accurate, complete, or suitable for any purpose.

Indemnification

You agree to indemnify and hold HERCS harmless from any claims, damages, or expenses arising from your use of the App, your breach of these Terms, or any violation of applicable laws.

GOVERNING LAW AND DISPUTE RESOLUTION

HERCS’s Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. By using the App, you agree to resolve any disputes under these laws.

Dispute Resolution Process

To streamline dispute resolution, HERCS employs the following multi-step framework: Informal Negotiations: Users must first attempt to resolve disputes informally by contacting HERCS at contact@gohercs.com. HERCS commits to addressing complaints and concerns within 30 business days of receiving the report. Binding Arbitration: If informal negotiations fail, disputes will be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration proceedings will take place in New York City unless otherwise agreed by the parties.

Class Action Waiver

All disputes must be resolved individually. Users waive their right to participate in collective actions, including class-action lawsuits or joint arbitration proceedings.

Exceptions

Certain claims, such as those involving intellectual property violations, may proceed directly to court.

MODIFICATIONS AND INTERRUPTIONS

HERCS reserves the right to update, modify, or discontinue any aspect of the App, including its features, functionalities, and services, to ensure continuous improvement and adaptability.

Modifications

Feature Adjustments: HERCS may introduce new tools, retire outdated functionalities, or make changes to the tipping system to enhance user experience. Service Changes: Pricing models, platform fees, and payment processes may be adjusted with prior notice to users.

Interruptions

Service interruptions may occur due to: Planned Maintenance: Users will receive advance notice of downtime for system upgrades or routine maintenance. Unplanned Outages: Unexpected disruptions caused by cyberattacks, hardware failures, or natural disasters.

Liability During Interruptions

HERCS is not liable for losses resulting from service interruptions, such as missed tipping opportunities or delays in accessing premium features.

MISCELLANEOUS

This section consolidates key provisions and legal interpretations to ensure a comprehensive understanding of your relationship with HERCS.

Entire Agreement

These Terms, along with the Privacy Policy and any supplemental agreements, constitute the entire understanding between you and HERCS. They supersede all prior agreements, communications, or understandings.

Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment

HERCS may assign or transfer its rights and obligations under these Terms without prior notice to users. This ensures operational continuity in cases of mergers, acquisitions, or restructuring.

Force Majeure

HERCS is not liable for delays or failures caused by events beyond its control, such as: Natural disasters (e.g., earthquakes, floods). Government actions or regulatory changes. Widespread network outages or cyberattacks.

Electronic Communications

By using the App, users consent to receive electronic communications, including legal updates, notifications, and transactional confirmations.

Last Updated: December 5, 2024