Legal

Terms of Service

Effective date: 1 April 2026

1. Parties and scope

These Terms of Service (“Terms”) govern the use of the HeroLeads platform (“Service”), operated by HeroLeads (“we”, “us”, or “our”), accessible at heroleads.co. By creating an account or using the Service, you (“User”) agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms apply to all users including individuals, companies, and agencies accessing the Service for business purposes. Consumer protection law (Verbraucherschutz) does not apply where the User acts in a commercial or professional capacity.

2. Description of the Service

HeroLeads provides an autonomous B2B outreach platform that:

  • Researches and scores lead data uploaded by the User against a configured Ideal Customer Profile (ICP)
  • Generates personalized cold email bodies and subject lines using AI models
  • Pushes qualified leads to third-party email sending platforms (currently Instantly.ai)
  • Monitors campaign performance data and autonomously optimizes email variants via its AI agent ARES

The Service does not source or supply lead lists, does not manage replies or book meetings, and does not operate as an email sending infrastructure. Sending requires a separate Instantly.ai account operated and owned by the User.

3. Account registration

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your login credentials. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

We reserve the right to refuse, suspend, or terminate accounts at our discretion, including in cases of misuse, violation of these Terms, or fraudulent activity.

4. Credits and payment

The Service operates on a credit-based system. 1 credit = 1 processed lead (including research, scoring, and email generation). Credits are allocated monthly based on the User's subscription plan. Unused credits do not roll over to the next billing period.

Paid subscriptions are billed monthly in advance via Stripe. All prices are quoted in EUR and are exclusive of VAT where applicable. VAT will be added in accordance with applicable EU tax law. By subscribing, you authorize us to charge your payment method on a recurring basis.

Subscriptions can be cancelled at any time via your billing portal. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused credits or unused time within a billing period, unless required by applicable law.

We reserve the right to modify pricing with 30 days' notice. Continued use after the effective date of a price change constitutes acceptance of the new pricing.

5. User obligations and prohibited use

By using the Service, you agree that you will:

  • Only upload lead data that you have the legal right to process under applicable data protection law (including GDPR where applicable)
  • Comply with all anti-spam laws applicable to your jurisdiction, including the German UWG, CAN-SPAM, and CASL where relevant
  • Not use the Service to send unsolicited communications to individuals who have not provided a legitimate interest basis or explicit consent
  • Not upload data obtained illegally or through scraping in violation of third-party terms of service
  • Not attempt to reverse-engineer, copy, or redistribute any part of the Service or its AI outputs for competing purposes
  • Not use the Service to generate content that is deceptive, defamatory, harassing, or illegal
  • Maintain a valid Instantly.ai account and comply with Instantly.ai's own terms of service for all sending operations

You are solely responsible for ensuring your use of the Service complies with all laws applicable in your jurisdiction, including data protection obligations toward the individuals whose data you process.

6. AI-generated content

The Service uses large language models (currently Google Gemini) to generate email content and research outputs. AI-generated content may contain inaccuracies, hallucinations, or errors. You are responsible for reviewing AI outputs before use and for ensuring the accuracy and appropriateness of all content sent to your prospects.

We do not warrant that AI-generated content is accurate, complete, or fit for any specific purpose. You retain full responsibility for all outbound communications made using content generated by the Service.

7. Intellectual property

All software, algorithms, interfaces, designs, and proprietary systems comprising the Service are owned by HeroLeads or its licensors and are protected by applicable intellectual property law. Nothing in these Terms grants you any ownership interest in the Service.

You retain ownership of the lead data you upload and the AI-generated outputs produced on your behalf. By using the Service, you grant us a limited, non-exclusive licence to process your data solely to provide the Service.

We may use anonymised, aggregated performance data (e.g. reply rate benchmarks) to improve the Service without identifying any individual user or their data.

8. Availability and modifications

We aim to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or modifications at any time with or without notice. We reserve the right to modify, limit, or discontinue any feature of the Service at any time.

Material changes to these Terms will be communicated via email or in-app notification with at least 14 days' notice. Continued use of the Service after the effective date of amended Terms constitutes acceptance of the changes.

9. Limitation of liability

To the maximum extent permitted by applicable law, HeroLeads shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to: loss of revenue or profit, damage to domain or sender reputation, loss of data, or claims by third parties resulting from your outreach activities.

Our total aggregate liability to you for any claims arising under these Terms shall not exceed the amount you paid for the Service in the 3 months preceding the claim.

Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any other liability that cannot be excluded by law.

10. Termination

Either party may terminate the relationship at any time. You may do so by cancelling your subscription and deleting your account. We may terminate or suspend your access immediately if you breach these Terms, engage in fraudulent activity, or if required by law.

Upon termination, your right to use the Service ceases immediately. We will retain your data for up to 90 days after termination for legal and operational purposes, after which it will be deleted in accordance with our Privacy Policy.

11. Governing law and dispute resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Germany. If you are a consumer, mandatory consumer protection provisions of your country of residence may apply.

12. Contact

For questions regarding these Terms, please contact us at: legal@heroleads.co