Terms of Service

1. Acceptance of Terms

By accessing or using HeroMe, a product of Vitasphere, LLC. ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a minor child, you represent that you are the parent or legal guardian of that child and accept these Terms on their behalf.

If you do not agree to these Terms, do not use the Service.

2. Service Description

HeroMe is a Vitasphere, LLC storytelling platform that uses artificial intelligence to generate personalized stories for children ages 3-12. Stories are inspired by concepts from published child development research and are intended for entertainment and educational purposes only.

IMPORTANT — NOT MEDICAL OR THERAPEUTIC SERVICES: HeroMe is NOT a medical device, healthcare service, therapeutic intervention, counseling service, or substitute for professional mental health treatment, diagnosis, or advice. The Service does not provide therapy, medical advice, psychological assessment, or clinical treatment of any kind. No content generated by the Service should be interpreted as medical advice, a clinical recommendation, or a therapeutic prescription. If your child is experiencing emotional, behavioral, or mental health difficulties, consult a qualified healthcare professional. Do not delay seeking professional advice because of anything you have read or received through this Service.

3. Eligibility

• You must be at least 18 years old to create an account
• You must be the parent or legal guardian of any child for whom you create a profile
• Children may not create accounts or use the Service without parental supervision
• The Service is designed for children ages 3-12

4. User Accounts

Account Creation

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

Parental Consent

By creating a child profile, you certify that you are the parent or legal guardian of the child and consent to the collection and use of the child's information as described in our Privacy Policy and COPPA Policy.

Account Termination

You may close your account at any time through the Settings page. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Content and Intellectual Property

Generated Stories

Stories generated by HeroMe are created using artificial intelligence based on your input. You are granted a personal, non-exclusive, non-transferable license to use generated stories for personal, non-commercial purposes within your family.

User Content

You retain ownership of information you provide (child names, preferences, feedback). By providing this information, you grant us a license to use it to generate and improve stories.

Platform Content

All other content, including our storytelling frameworks, design, and technology, is owned by Vitasphere, LLC and protected by intellectual property laws.

6. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose
• Attempt to manipulate the AI to generate inappropriate content
• Share account credentials with others
• Use the Service for commercial purposes without authorization
• Attempt to reverse-engineer or copy our technology
• Interfere with the Service's operation or security
• Provide false information about your identity or relationship to a child

7. Content Moderation

We employ multiple layers of content moderation to ensure all generated content is appropriate for children. This includes:

• Input filtering to block inappropriate names and content
• AI safety guardrails during story generation
• Post-generation content validation
• Human review of flagged content

If you encounter any content you believe is inappropriate, please report it immediately to safety@herome.ai.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VITASPHERE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• Generated stories will achieve any specific outcome, behavioral change, emotional improvement, or educational result
• The Service is suitable for any particular child, situation, or purpose
• Any information or content provided through the Service is accurate, complete, reliable, or appropriate for any individual
• The Service will meet your expectations or requirements

HEROME IS NOT A MEDICAL DEVICE, THERAPEUTIC SERVICE, OR HEALTHCARE PRODUCT. IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE, DISORDER, OR MENTAL HEALTH CONDITION. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL GUIDANCE, PSYCHOLOGICAL ASSESSMENT, THERAPY, COUNSELING, OR ANY FORM OF PROFESSIONAL HEALTHCARE. NO CONTENT GENERATED BY THE SERVICE CONSTITUTES A CLINICAL RECOMMENDATION OR PROFESSIONAL OPINION.

ANY REFERENCES TO RESEARCH, EVIDENCE-BASED APPROACHES, OR CHILD DEVELOPMENT CONCEPTS IN OUR MARKETING MATERIALS, WEBSITE CONTENT, OR GENERATED STORIES DESCRIBE THE INSPIRATIONS FOR OUR STORYTELLING APPROACH AND DO NOT CONSTITUTE A CLAIM THAT THE SERVICE ITSELF IS A VALIDATED CLINICAL INTERVENTION OR THAT IT HAS BEEN EVALUATED OR APPROVED BY ANY MEDICAL, PSYCHOLOGICAL, OR REGULATORY BODY.

9. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY RELIANCE ON CONTENT GENERATED BY OR OBTAINED THROUGH THE SERVICE, IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS REGARDING YOUR CHILD'S HEALTH, WELLBEING, EDUCATION, AND DEVELOPMENT. YOU AGREE THAT VITASPHERE, LLC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DECISIONS YOU MAKE, OR ACTIONS YOU TAKE OR FAIL TO TAKE, BASED ON THE CONTENT PROVIDED THROUGH THE SERVICE.

You acknowledge that AI-generated content may contain errors, inaccuracies, or content that is not appropriate for your child's specific circumstances. You are solely responsible for reviewing all content before sharing it with your child and for determining its suitability. You agree that you will not rely on the Service as a substitute for professional advice from a qualified healthcare provider, therapist, counselor, or educator.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITASPHERE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Service
• Any content generated by or obtained through the Service
• Any action taken or decision made by you or any third party in reliance on content provided through the Service
• Any emotional, behavioral, psychological, educational, or developmental outcome (or lack thereof) resulting from use of the Service
• Unauthorized access, use, or alteration of your data or content
• Any other matter relating to the Service

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF VITASPHERE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF VITASPHERE, LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO VITASPHERE, LLC IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

11. Indemnification

You agree to defend, indemnify, and hold harmless Vitasphere, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any claim that your use of the Service caused damage to a third party, including any minor child
• Any decision or action you take or fail to take based on content provided through the Service

This indemnification obligation will survive the termination of these Terms and your use of the Service.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Vitasphere, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be resolved through good-faith informal negotiation. If the dispute is not resolved within thirty (30) days of written notice, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in the State of Arkansas or, at your election, may be conducted remotely via telephone or video conference. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AND VITASPHERE, LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or prominent notice on the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Baxter County, Arkansas.

15. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. Any failure by Vitasphere, LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, COPPA Policy, and Cookie Policy, constitute the entire agreement between you and Vitasphere, LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

17. Contact

For questions about these Terms: