HEROIC GUARDIAN END USER LICENSE AGREEMENT (EULA)

LAST UPDATED: February 24, 2025

1.1 Definitions. In this Agreement, the following terms have the meanings indicated:

• “Application” means the HEROIC Guardian software, including any updates, modifications, or enhancements, distributed by HEROIC.
• “Licensed IP” means all intellectual property, including software, content, and documentation provided by HEROIC.
• “Services” refers to the breach monitoring, search capabilities, cybersecurity tools, and related services provided through the Application.
• “Platform” includes any distribution channel, including the Apple App Store and Google Play Store.
• “Third-Party Services” means any services, content, or software provided by a party other than HEROIC which may be accessed through or integrated with the Application.

1.2 Interpretation. Any headings used herein are for convenience only and do not affect the interpretation of the Agreement. The singular includes the plural and vice versa, unless the context clearly dictates otherwise.

2.1 Acceptance. By installing or using the Application, you represent that you have read, understand, and agree to be bound by this Agreement and all policies incorporated herein.
2.2 Platform-Specific Terms.
    a. If you access the Application via the Apple App Store, your use is additionally governed by Apple Inc.’s terms, including the Apple Developer Program License Agreement and App Store Review Guidelines.
    b. If you access the Application via the Google Play Store, you agree to be bound by Google’s Developer Distribution Agreement, Google Play policies, and Google Play Billing guidelines. Google is not a party to this Agreement.

2.3 Incorporation by Reference. The Application is also subject to the Company’s Privacy Policy, Terms & Conditions, and Vulnerability Disclosure Policies, all of which are incorporated herein by reference and form an integral part of this Agreement.

3.1 License Grant. Subject to your full compliance with this Agreement, HEROIC grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application on your devices solely for your personal or internal business purposes.
3.2 Scope of License. This license is limited to:

• Installing the Application on devices that you own or control.
• Accessing and using the Services as provided by the Application.
• Receiving updates and technical support in accordance with Section 9 of this Agreement.

3.3 Ownership. All rights, title, and interest in and to the Application—including all intellectual property rights—remain with HEROIC and its licensors. This Agreement does not convey any rights of ownership to you.

4.1 Distribution Channels.
    a. The Application is distributed through the Apple App Store and Google Play Store.
    b. Your use of the Application is subject to additional guidelines and policies imposed by these platforms.

4.2 Compliance with Store Policies. You agree that your use of the Application must comply with the terms and conditions, content policies, and technical requirements of both Apple Inc. and Google LLC, including but not limited to:

• Payment processing and in-app purchase rules.
• User data and privacy policies.
• Advertising and promotional guidelines.

4.3 Platform Limitations. The Company does not guarantee the availability of the Application on any particular platform and may update or discontinue support on any platform at its sole discretion.

5.1 Permitted Use. You may use the Application solely in accordance with the terms of this Agreement.
5.2 User Obligations. You agree to:

• Provide accurate information when prompted.
• Maintain the confidentiality of your account credentials.
• Ensure your device meets the minimum system requirements for the Application.

5.3 Restrictions. You shall not:

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Application (except as expressly permitted by law).
• Distribute, sell, lease, sublicense, or otherwise transfer any portion of the Application to any third party.
• Remove, alter, or obscure any proprietary notices or labels on the Application.
• Use the Application in a manner that violates any applicable laws or the policies of Apple Inc. or Google LLC.

5.4 Prohibited Conduct. In addition to the foregoing, you shall not:

• Attempt to circumvent any security measures implemented by HEROIC.
• Use the Application to transmit any malicious or harmful code.
• Engage in any activity that interferes with or disrupts the operation of the Application or the networks on which it is hosted.

6.1 General Payment Terms

a. Some features of the Application may require payment or a subscription.
b. All fees are due and payable in the manner described during the purchase process and are subject to change by HEROIC at its sole discretion.

6.2 In-App Purchases via Apple

a. If you access the Application via the Apple App Store, all in-app purchases and auto-renewable subscriptions will be processed through Apple’s payment system.
b. Auto-renewable subscriptions available:

• Personal Plus: $19.95 per month, or $199.95 per year (17% savings)
• Family: $49.95 per month, or $499.95 per year (17% savings)
  c. Subscription length:
• Monthly subscriptions renew every 30 days unless canceled.
• Annual subscriptions renew every 12 months unless canceled.
  d. Price per unit applies per user or per family plan as applicable.
  e. Your use of in-app purchases and subscriptions is subject to Apple’s App Store Terms and Conditions, and any refunds or disputes must be handled by Apple.
  f. A functional link to the HEROIC Privacy Policy and Terms of Use (EULA) is provided here:
• Privacy Policy: https://heroic.com/privacy/
• Terms of Use (EULA): https://heroic.com/terms-conditions/

6.3 In-App Purchases via Google Play

a. If you access the Application via the Google Play Store, all in-app purchases and auto-renewable subscriptions will be processed through Google Play’s billing system.
b. Auto-renewable subscriptions available:

• Personal Plus: $19.95 per month, or $199.95 per year (17% savings)
• Family: $49.95 per month, or $499.95 per year (17% savings)
  c. Subscription length:
• Monthly subscriptions renew every 30 days unless canceled.
• Annual subscriptions renew every 12 months unless canceled.
  d. Price per unit applies per user or per family plan as applicable.
  e. You agree to comply with Google Play’s billing guidelines, and any payment issues or refund requests must be directed to Google.
  f. A functional link to the HEROIC Privacy Policy and Terms of Use (EULA) is provided here:
• Privacy Policy: https://heroic.com/privacy/
• Terms of Use (EULA): https://heroic.com/terms-conditions/

6.4 Subscription Renewal & Cancellation

a. Subscription-based services will automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date.
b. You may cancel your subscription through your Apple ID settings (for App Store purchases) or your Google Play account settings (for Google Play purchases).
c. Upon cancellation, your subscription will remain active until the end of the current billing cycle, after which your access to paid features will end.
d. HEROIC reserves the right to modify subscription fees, provided that any such changes will be communicated to you in advance and will not affect preexisting subscriptions until renewal.

6.5 Refund Policy

a. Refunds for any in-app purchase or subscription shall be subject to the refund policies of Apple or Google, as applicable.
b. HEROIC does not process refunds directly for App Store or Google Play purchases. You must request refunds through the respective platform’s account management interface.
c. For further details on refund policies, refer to:

• Apple Support: https://support.apple.com/billing
• Google Play Support: https://support.google.com/googleplay/

7.1 Ownership and Restrictions.
    a. All intellectual property rights—including copyrights, trademarks, patents, trade secrets, and other proprietary rights—in the Application and Licensed IP are owned by HEROIC or its licensors.
    b. Except as expressly granted herein, no right, title, or interest in any such intellectual property is transferred to you.

7.2 Feedback and Improvements.
    a. If you provide any suggestions, comments, or feedback (“Feedback”) regarding the Application, you hereby grant HEROIC a non-exclusive, worldwide, irrevocable, royalty-free license to use and incorporate such Feedback into the Application.
    b. You acknowledge that HEROIC may use your Feedback without any compensation to you.

8.1 Privacy Policy. Your use of the Application is governed by the HEROIC Privacy Policy, which describes how we collect, use, store, and protect your personal information. 8.2 Data Collection.
    a. HEROIC may collect both personal and non-personal information when you use the Application.
    b. The types of data collected include, but are not limited to, device information, log files, usage data, and any data you voluntarily provide.

8.3 Data Security.
    a. HEROIC employs commercially reasonable security measures, including SSL encryption, firewalls, and digital signature technologies, to protect your data.
    b. Notwithstanding these measures, you acknowledge that no system is completely secure, and HEROIC does not guarantee absolute data security.

8.4 Third-Party Data Sharing.
    a. Your information may be shared with third-party service providers solely for purposes of operating the Application, processing payments, or providing customer support.
    b. All such third parties are bound by confidentiality obligations and are prohibited from using your information for any other purpose.

8.5 User Consent. By using the Application, you consent to the collection and use of your data as described in this Agreement and the Privacy Policy.

9.1 Automatic Updates.
    a. HEROIC may, from time to time, provide automatic updates or patches to the Application to improve functionality or security.
    b. You agree to allow these updates and acknowledge that they may modify or improve the functionality of the Application.

9.2 Maintenance and Downtime.
    a. HEROIC reserves the right to perform maintenance on the Application which may result in temporary service interruptions.
    b. HEROIC will endeavor to provide reasonable notice of planned maintenance whenever possible.

9.3 Technical Support.
    a. HEROIC will provide technical support for the Application in accordance with its support policies, as may be updated from time to time.
    b. Support requests should be directed to the Company via the contact information provided in Section 19.

10.1 Integration with Third-Party Services.
    a. The Application may integrate with or include links to third-party services, including but not limited to analytics, advertising, and payment processing.
    b. Your use of these third-party services is subject to the respective third parties’ terms and conditions, and HEROIC shall not be liable for any acts or omissions of such third parties.

10.2 Third-Party Software Licenses.
    a. Certain components of the Application may be subject to additional open source or third-party software licenses.
    b. Such licenses will be provided within the Application or accompanying documentation and are hereby incorporated by reference.

11.1 User-Generated Content.
    a. If the Application allows you to submit, post, or display content (“User Content”), you grant HEROIC a worldwide, perpetual, irrevocable, royalty-free license to use, modify, distribute, and display such content in connection with the Application and HEROIC’s business operations.
    b. You represent and warrant that any User Content you submit does not infringe on the intellectual property rights or other rights of any third party.

11.2 Monitoring and Removal. HEROIC reserves the right, but is not obligated, to monitor, review, and remove any User Content that it deems, in its sole discretion, to be in violation of this Agreement or otherwise harmful.

12.1 Warranty Disclaimer.
    a. THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    b. HEROIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICES.

12.2 No Guarantee of Results.
    a. The breach monitoring and cybersecurity information provided by the Application is for informational purposes only.
    b. HEROIC does not guarantee the accuracy, completeness, or timeliness of such information and shall not be liable for any reliance placed upon it by you.

13.1 General Limitation.
    a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEROIC OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    b. YOUR SOLE REMEDY, AND HEROIC’S ENTIRE LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID (IF ANY) BY YOU FOR ACCESS TO THE APPLICATION DURING THE THREE MONTHS PRECEDING THE CLAIM.

13.2 Exclusions. This limitation shall apply regardless of the legal theory on which a claim is based, including but not limited to breach of contract, warranty, tort, or any other legal theory.

14.1 User Indemnity. You agree to indemnify, defend, and hold harmless HEROIC, its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Application;
• Your breach of any term of this Agreement;
• Any violation of applicable law or the rights of a third party by you or any person using your account.

15.1 Termination by HEROIC.
    a. HEROIC may terminate or suspend your access to the Application immediately, without notice, if you breach any provision of this Agreement or if your conduct harms the interests of HEROIC or its users.
    b. Upon termination, all rights granted to you under this Agreement will immediately cease.

15.2 Effect of Termination. You must promptly delete or destroy all copies of the Application in your possession. Termination does not affect any accrued rights or obligations incurred prior to termination.

15.3 Survival. The provisions of Sections 7 (Intellectual Property), 8 (Privacy and Data Security), 12 (Warranties and Disclaimers), 13 (Limitation of Liability), and 14 (Indemnification) shall survive termination of this Agreement.

16.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles. 16.2 Dispute Resolution.
    a. Any disputes arising out of or relating to this Agreement shall be resolved first through good faith negotiations between the parties.
    b. If a resolution cannot be reached within 30 days, the dispute shall be submitted to binding arbitration under the rules of [Arbitration Organization] in [Location].
    c. Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction for matters requiring immediate attention.

16.3 Class Action Waiver. You agree that any dispute resolution shall be conducted on an individual basis, and you waive your right to participate in any class action lawsuit.

17.1 Amendments. HEROIC reserves the right to modify this Agreement at any time. The most current version of the Agreement will be posted within the Application and on our website. Your continued use of the Application after any modifications constitutes your acceptance of the updated terms. 17.2 Entire Agreement. This Agreement, along with the incorporated policies, constitutes the entire agreement between you and HEROIC regarding the Application and supersedes all prior agreements and understandings. 17.3 Severability. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. 17.4 Waiver. No waiver of any breach or failure to enforce any term of this Agreement shall constitute a waiver of any other breach or any subsequent enforcement of the same or any other term. 17.5 Assignment. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of HEROIC. This Agreement is binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. 17.6 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and sent to the addresses specified in Section 19.

18.1 Google Play Billing.
    a. If you use the Application via the Google Play Store, all in-app transactions will be processed using Google Play Billing.
    b. You agree to abide by the terms of Google Play’s billing guidelines, and any disputes regarding charges must be resolved directly with Google.

18.2 Google Developer Policies. You acknowledge that your use of the Application on Android devices is subject to Google’s Developer Distribution Agreement and all applicable Google Play policies.
18.3 Advertising and Analytics. If the Application displays advertisements or uses analytics provided by Google or third parties on Android, you consent to such data collection in accordance with the relevant privacy policies, and HEROIC shall ensure that such integrations comply with Google Play requirements. 18.4 Platform-Specific Disclosures. In any marketing or in-app content on Android, HEROIC will clearly disclose the use of Google Play’s services and any related limitations or requirements, as mandated by Google.

19.1 Contact Information.
For any questions regarding this Agreement or the Application, please contact HEROIC at:

HEROIC Holdings, LLC.
1881 W Traverse Pkwy Ste E257
Lehi, UT 84043
Email: contact@heroic.com
Phone: 1-800-613-8582

19.2 Notices. All notices under this Agreement shall be sent to the email or physical addresses provided above. Notices delivered by email shall be deemed given 24 hours after transmission, and notices sent by certified mail shall be deemed given three (3) days after mailing.

By installing or using HEROIC Guardian on any platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including all additional provisions required for distribution via the Apple App Store and Google Play Store.