TERMS AND CONDITIONS

WebHeroPro LLC

Effective Date: March 15, 2026

Please read these Terms and Conditions carefully before using the services offered by WebHeroPro LLC. These Terms govern your access to and use of our Services and constitute a legally binding agreement between you and the Company.

1. Acceptance of Terms

By accessing or using any website, application, or service (collectively, the "Services") provided by WebHeroPro LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

WebHeroPro LLC provides web design, web development, digital marketing, search engine optimization (SEO), website maintenance, hosting solutions, and related technology services. The specific scope, deliverables, and timelines for each project or engagement shall be outlined in a separate Statement of Work (SOW), proposal, or service agreement between the Company and the User.

3. User Eligibility

You must be at least 18 years of age and possess the legal authority to enter into a binding agreement to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. Our Services, including SMS messaging programs, are intended for users aged 18 and older.

4. User Accounts and Responsibilities

If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You must notify us immediately of any unauthorized use of your account or any other breach of security.

5. SMS/Text Messaging Terms

Program Description. WebHeroPro LLC and its clients may offer SMS and text messaging programs to provide appointment reminders, service notifications, promotional offers, account alerts, customer support communications, and other business-related messages. By opting in to receive text messages from WebHeroPro LLC or any business utilizing our platform, you consent to receive recurring automated text messages at the phone number you provided. Message frequency may vary depending on the nature of the communications and your interactions with our Services.

Opt-In Consent. By providing your phone number and opting in through any of our forms, websites, or keyword prompts, you expressly consent to receive SMS/text messages from WebHeroPro LLC and/or the business whose services you are engaging. Consent is not a condition of purchasing any goods or services.

Opt-Out Instructions. You may opt out of receiving text messages at any time by replying STOP to any message you receive. After sending STOP, you will receive a one-time confirmation message, and no further messages will be sent unless you re-subscribe. You may also contact us at [email protected] or call 201-661-3679 to request removal from our messaging lists.

Help. For assistance with our SMS program, reply HELP to any message, email us at [email protected], or call 201-661-3679.

Message and Data Rates. Message and data rates may apply depending on your mobile carrier and plan. WebHeroPro LLC is not responsible for any fees charged by your wireless provider for sending or receiving text messages. Please consult your carrier for details on your messaging plan.

Carrier Liability Disclaimer. WebHeroPro LLC and mobile carriers (including but not limited to T-Mobile, AT&T, Verizon, and all other carriers) are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your mobile carrier and network availability. Carriers are not responsible for the content of any messages sent through our platform.

Supported Carriers. Our SMS services are supported by major U.S. carriers. However, not all carriers may be supported, and service availability may vary.

Privacy. Your phone number and opt-in data will be handled in accordance with our Privacy Policy, available at https://www.webheropro.com/policy. We will not sell, rent, or share your phone number or opt-in information with third parties for their marketing purposes without your explicit consent.

6. Payment Terms

All fees and payment terms shall be specified in the applicable SOW or service agreement. Unless otherwise agreed in writing, the following general terms apply:

Deposits. A non-refundable deposit may be required before work commences. The deposit amount will be specified in the project proposal or SOW.

Invoicing. Invoices are due and payable within thirty (30) days of the invoice date unless otherwise specified.

Late Payments. Overdue invoices may incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance.

Suspension of Services. We reserve the right to suspend or discontinue Services if payment is not received within the agreed timeframe.

7. Intellectual Property Rights

Company IP. All pre-existing intellectual property, proprietary tools, frameworks, code libraries, templates, and methodologies owned by WebHeroPro LLC remain the sole property of the Company. Nothing in these Terms transfers ownership of such materials to you.

Client IP. Upon receipt of full payment for the applicable project, ownership of the custom deliverables specifically created for you (as defined in the SOW) shall transfer to you, unless otherwise agreed in writing.

Third-Party Materials. Certain components of the Services may include third-party software, fonts, images, or plugins subject to their own licensing terms. You agree to comply with all applicable third-party license agreements.

8. Confidentiality

Both parties agree to keep confidential any proprietary or non-public information disclosed during the course of the engagement. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to confidential information; or (d) is required to be disclosed by law or regulation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBHEROPRO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total fees paid by you to the Company during the twelve (12) months preceding the event giving rise to the claim.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WEBHEROPRO LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless WebHeroPro LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) any content or materials you provide to the Company.

12. Termination

Either party may terminate the engagement by providing written notice as specified in the applicable SOW or service agreement. In the absence of specific termination provisions, either party may terminate by providing thirty (30) days’ written notice.

Upon termination, you shall pay for all Services rendered and expenses incurred up to the effective date of termination. Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

13. Acceptable Use Policy

You agree not to use our Services for any unlawful, fraudulent, or harmful purpose. Without limitation, you shall not: (a) upload or transmit any content that is illegal, defamatory, obscene, or infringing; (b) attempt to gain unauthorized access to any system, network, or data; (c) interfere with or disrupt the integrity or performance of the Services; or (d) use the Services to distribute malware, spam, or other harmful software.

14. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party services. WebHeroPro LLC is not responsible for the content, privacy practices, or availability of such third-party resources. Your use of third-party services is subject to their respective terms and policies.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or labor disputes.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State in which WebHeroPro LLC is organized, without regard to its conflict of law principles.

Any disputes arising out of or related to these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may pursue resolution through binding arbitration administered by a mutually agreed-upon arbitration provider, or through the courts of competent jurisdiction in the state where WebHeroPro LLC maintains its principal place of business.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any applicable SOW, proposal, service agreement, and privacy policy, constitute the entire agreement between you and WebHeroPro LLC with respect to the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

19. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information, including data collected through our SMS messaging programs. Our Privacy Policy is available at:

https://www.webheropro.com/policy

By using our Services, you acknowledge that you have read and agree to our Privacy Policy.

20. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

WebHeroPro LLC

Email: [email protected]

Phone: 201-661-3679

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.