Hiro LLC is a U.S. entity located at 2601 S. Minnesota Ave Ste 105-308, Sioux Falls SD 57105 USA. We operate Hiro, a platform where podcast listeners can support podcasters and get access to premium content. These are Hiro’s terms of use and apply to all users of the Hiro website and applications. “We,” “our” or “us” refers to Hiro Technologies, Inc. Our use of “Hiro” here refers to this website and the services offered by us.By using Hiro you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy and any other policies we post on Hiro. If you are a podcaster, you also agree to our data processing agreement.Hiro is a platform. We are not responsible for the quality, timing or legality of content.We may sometimes make changes to these terms. If we make material changes that adversely affect your rights under these terms, then we will let you know by posting an announcement on the site or sending you an email prior to the changes coming into effect. Continuing to use Hiro after a change to these terms means you accept the new terms.
Account CreationWhen you register for an account you must provide us with accurate information. If you don’t provide us with accurate information then we may not be able to assist you with accessing your account.
To register for an account you must be at least 13 years old. To give or receive podcast subscriptions you must be at least 18 years old or have your parent’s permission. If you know a user is under the age of 13, please report them to us at support@hiro.fm.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us by emailing support@hiro.fm immediately.
User Conduct
- Illegal Activities – Don’t break the law or encourage others to break the law.
- Abuse – Don’t harass or bully others, or promote violence or hatred towards others.
- Personal Information – Don’t distribute others’ personal information or otherwise abuse it. Podcasters with access to their podcast subscribers’ personal information should not use it for anything unrelated to Hiro.
- Fraud – Don’t post information that is false or otherwise misleading.
- Impersonation – Don’t impersonate anyone. Don’t use another’s account, or allow others to use your account.
- Intellectual Property – Don’t infringe on others’ intellectual property rights.
- Spam – Don’t spam others or distribute unsolicited advertising material.
- Malware – Don’t use Hiro to host or distribute, malicious or destructive software
- Endorsement – Don’t claim endorsement by Hiro without our prior written approval.
- Service Degradation – Don’t degrade others’ use of Hiro.
- Data Mining – Don’t crawl, scrape or otherwise index information on Hiro. If you are doing this to create a useful feature then we may allow it, but you must check with us first.
- Reward Sharing – Don’t support a podcaster and then share their podcast subscriber-only content without permission from the podcaster.
- Reverse Engineering – Don’t take apart Hiro to figure out our copyright protected secret sauce.
These guidelines are not meant to be exhaustive. If you find a new and creative way to hurt Hiro or our users we may take action to prevent it.
All About Being a Show Purchaser
If you support a creator on a per month basis, then you are charged on behalf of the creator immediately at the time of the subscription for the full amount of the subscription. Renewals are billed on the same date of the month that you originally subscribed to the podcast on an ongoing basis.
You may cancel your subscription at any time. You will not be billed for any future months going forward, but you will not receive a refund for any previous payment periods.
We may grant refunds at our sole discretion in exceptional circumstances.
Depending on your location, some banks may charge you a foreign transaction fee for your subscription, which will be assessed in addition to the subscription amount. Hiro does not control this charge. Please contact your bank for information.
In certain situations you may lose access to a podcaster’s podcast subscriber-only content. These include when you cancel your subscription, your payment method fails, the podcaster blocks you, or the podcaster deletes their account.
We have no control over the quality, timing or legality of content. We do not grant refunds for failure to deliver content. We do attempt to screen for fraudulent podcaster pages, but cannot guarantee the identity of podcasters or the validity of any claims they make. We appreciate your help reporting suspicious podcaster pages by emailing us at support@hiro.fm so we can improve Hiro.
All About Being a Creator
To become a Creator, you may create a Hiro account, select a monthly plan and launch the show.
Show subscribers and buyers are charged per month or a one time payment, determined by the Creator. In connection with your charges to show subscribers, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you. As your agent, our receipt of funds from a show subscriber on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any podcast subscriber, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect podcasters, we may block podcast subscribers’ payments if we believe them to be fraudulent.
Your earnings are paid out on the second day of each month and include all listener payments from the prior month.
Depending on the product you have chosen, Hiro’s fee is either a percentage of subscription revenue or a per-subscriber feeWe do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
We restrict some types of content and rewards. You cannot:
- Create any content or rewards with real people engaging in sexual or violent acts.
- Create any content or reward with nudity, or realistic depictions of sexual or violent acts, unless you flag the page as Adult Content and make the content only available to podcast subscribers.
- Use raffles, or any prizes based on chance, as a reward.
- Create content or rewards using others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
We are constantly testing out new features with the goal of making Hiro better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your Hiro account or perform actions on your behalf. This permission is asked for when you connect your Hiro account to these other websites or services. Information can include the existence of your account, subscription amounts and length of support. Actions can include creating, editing or deleting subscriptions and any other interaction with podcasters such as posting messages or liking posts.Account Disabling
You can permanently disable your account at any time by sending an email to support@hiro.fm. You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any content or rewards at our discretion. These terms remain in effect after your account is disabled.
Your Content
You keep full ownership of all content that you post on Hiro, but to operate we need licenses from you.By posting content to Hiro you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Hiro, promote Hiro and promote your content on Hiro. We are not trying to steal your content or use it in an exploitative way.You may not post content that infringes on others’ intellectual property or proprietary rights.
Podcast subscribers may not use content posted by podcasters in any way not authorized by the podcaster.Imported Courses You Own
- Eligibility
- Valid Ownership
You represent and warrant that you have legally purchased and own the online courses you import through the Service. You must provide proof of ownership upon request, and we reserve the right to verify your ownership at any time.
- License Grant
- Restrictions
You agree not to:a. Distribute, sell, sublicense, or otherwise transfer the imported online courses to any third party; b. Use the Service for any illegal or unauthorized purpose; c. Use the Service for any purpose other than personal, non-commercial use; d. Use the Service to impersonate any person or entity or misrepresent your affiliation with any person or entity; e. Use the Service to engage in any activity that infringes upon the intellectual property or other rights of any third party; f. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure of the Service.
- One Listener Policy
You acknowledge and agree that the Service is intended for one listener only. Sharing your access to the Service with others, whether concurrently or separately, is strictly prohibited.
- Liability and Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Service, your breach of these Terms, or your violation of any law or the rights of any third party.
- Termination
We reserve the right to terminate your access to the Service, with or without cause, at any time and without notice. In the event of termination, all provisions of these Terms that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on the Website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the Service.
- Contact Information
If you have any questions or concerns regarding these Terms, please contact us using the contact information provided on the Website.
Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Hiro page.
You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions.
Copyright Infringement
If you believe that any content on Hiro infringes your copyrights, please send written notice to:
Copyright Agent
Hiro LLC
2601 S. Minnesota Ave Ste 105-308
Sioux Falls, SD USA 57105
support@hiro.fmThis notice should include the following information:The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.
In appropriate circumstances we may also terminate the accounts of repeat infringers.
Indemnity
If we are sued because of you, you have to help pay for it.You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Hiro. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.
Warranty Disclaimer
We do our best to make sure Hiro works as expected, but stuff happens.Hiro is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.
Limited Liability
If you lose money as a result of using Hiro, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Hiro. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Hiro. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.
Dispute Resolution
If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Hiro, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding, we are also waiving these rights.We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms.This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.
Any disputes with us must be resolved in Minnehaha County under South Dakota law.South Dakota law, excluding its conflict of law provisions, governs these terms and all other Hiro policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Minnehaha County, South Dakota.
Everything Else
These terms are the final word on Hiro’s policies.These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
If you have any questions, please email support@hiro.fm.
Last Updated: April 27, 2023
