Terms of Service · herihe.digital

1. Acceptance of terms

By creating an account, requesting a Brand Discovery, or using any service of herihe.digital or diy.herihe.digital ("the Service"), you accept these terms. If you do not agree, do not use the Service.

These terms form a binding contract between you ("Customer") and Converclick, the Service provider ("we").

2. Service description

herihe.digital offers AI-powered digital marketing services in two modes:

herihe.digital (managed): consulting and hands-on management with individual contracts ($1,500–$5,000 USD/month or one-time projects).
diy.herihe.digital (SaaS): self-serve platform with monthly/annual plans (Solo, Starter, Growth, Agency) — described at diy.herihe.digital/pricing.
Free Brand Discovery: one-time brand analysis offered as a lead magnet. No contractual obligation on either party.

3. Eligibility and account

You must be 18 years or older and have legal capacity to contract.
Information you provide must be truthful, current, and complete.
You are responsible for keeping your credentials confidential.
Notify us immediately if you suspect unauthorized use of your account.
One account per individual or legal entity. Multiple accounts created to circumvent limits may be suspended.

4. Acceptable use

You must NOT:

Use the Service for illegal, deceptive, discriminatory content or content infringing third-party rights.
Attempt reverse engineering, mass scraping, or unauthorized access to internal systems.
Resell tokens, Boosts, or platform capacity to third parties without explicit authorization (available only in Agency White-Label tier).
Automate requests abusively (beyond tier limits).
Use the Service to generate spam, phishing, disinformation, or violations of local laws.
Share credentials with third parties you have not authorized.

You MUST: respect the terms of linked services (Google Ads, Meta, etc.), Anthropic's acceptable use policies, and laws applicable to your country and ours.

5. Intellectual property

5.1 What is ours

The Service — including source code, databases, proprietary prompts, skills, infrastructure, design, and the herihe.digital brand — is the exclusive property of Converclick. No license is granted over these assets.

5.2 What is yours

Deliverables generated specifically for you (Brand Discovery, landing pages, copy, emails, branded images) belong to you once approved and the corresponding period is paid (where applicable).

You retain ownership of your data, brand, content you provide, and linked accounts (Google Ads, Meta, etc.).

5.3 License you grant us

By using the Service, you grant us a limited, non-exclusive license to process your data for the sole purpose of providing the Service. This license ends when you cancel your account (subject to legal retention).

6. Plans and payments

Billing: monthly or annual, in USD (CLP and BRL coming soon).
Auto-renewal: plans renew automatically. Cancel anytime from your dashboard or by emailing billing@herihe.digital.
Plan changes: upgrade or downgrade anytime. Upgrades are prorated; downgrades take effect next cycle.
Add-ons (Boost, jingles, videos, extra LPs): charged per use. They do not auto-renew.
Taxes: prices exclude VAT / sales tax / local taxes, which are added based on your country.
Failed payments: after 3 failed attempts, the account is suspended. After 30 days without payment, archived.

7. Cancellation and refunds

Cancellation: you can cancel anytime. Access continues through the end of the paid period.
Refunds: as a general rule, no refunds for already-started periods. Case-by-case exceptions for Service defects attributable to us.
Grace period: first 7 days of your first month are fully refundable, no questions asked — "try it risk-free".
Data export: upon cancellation, you have 30 days to export your deliverables and credentials. After that, we delete the data (except what's retained by legal obligation — see Privacy Policy).

8. Availability and service level

Uptime target: 99.5% monthly for Growth and Agency tiers. No formal SLA for Solo and Starter.
Maintenance windows: announced 48h in advance, typically Chile weekend overnight.
Job queue: wait times depend on tier and Boost purchased. See pricing.
Compensation for serious breach: if an incident causes >24h of unavailability, proportional credit on the next cycle.

9. AI usage

Important: the Service generates content with AI (Anthropic Claude, image generators, Suno for jingles). This content is a creative tool, not professional advice.

AI outputs are suggestions that require human review before publication.
We do not guarantee specific business results (leads, sales, ROAS) — these are influenced by factors outside our control.
You are responsible for verifying accuracy, legality, and appropriateness of content before publishing it.
We do not use your data or deliverables to train third-party AI models.
Significant decisions (campaign approvals, price changes, mass emails) always require your human approval — they are not automated without your consent.

10. Limitation of liability

To the maximum extent permitted by law:

Our total liability to you, for any reason, is limited to the amount you paid us in the last 12 months.
We are not liable for indirect damages, lost profits, lost business opportunities, or lost data, except in cases of willful misconduct or gross negligence.
We are not liable for third-party service interruptions (Google, Meta, Stripe, Anthropic) outside our reasonable control.
Standard exclusions apply — see section 12.

If you are a consumer in the EU, mandatory consumer protection laws in your country prevail over this contract.

11. Termination for breach

We may suspend or terminate your account if:

You materially breach these terms;
You use the Service for illegal or abusive activities;
You pose risk to platform integrity (hack attempts, mass scraping);
You have payments overdue more than 30 days.

For non-critical cases, we give notice and 48 hours to cure. For critical cases (security, legality), suspension is immediate.

12. Governing law and disputes

Governing law: these terms are governed by the laws of the Republic of Chile, respecting consumer rights of each country.
Jurisdiction: parties submit to the ordinary courts of Santiago, Chile, waiving any other venue.
Good-faith resolution: before legal action, both parties commit to attempting direct resolution via email for at least 30 days.
Consumers: if you are a consumer in a jurisdiction with mandatory protections (EU, California, etc.), you retain those rights; they prevail over this contract where applicable.
US residents: arbitration may be required in certain states; contact legal@herihe.digital for details on a case-by-case basis.

13. Modifications

We may modify these terms to reflect legal, technical, or business changes. We will provide 30 days' notice of any material changes via email and a prominent site notice.

If you disagree with the changes, you can cancel free of charge during the notice period. Continued use after the effective date is deemed acceptance.

14. Contact

These terms were drafted as version 1.0 on April 19, 2026 and should be reviewed by qualified counsel before production deployment (especially for EU and US customers). If you are that professional reviewing: legal@herihe.digital.