Terms of Service

By accessing or using PlayHero° ("the Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are accessing the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Service.

PlayHero° is a WebUX monitoring platform operated by Rally Systems, Inc., a Delaware C-Corporation ("Company," "we," "us," or "our"). The Service scans websites and digital properties to detect conversion-impacting UX issues, generates actionable recommendations ("Rallycards"), and provides monitoring dashboards ("Heroboard") for GTM and marketing teams. The Service includes free scan features available without an account and paid subscription features when you register and subscribe. We may modify, suspend, or discontinue parts of the Service with reasonable notice where practicable; material adverse changes to paid features will be communicated in line with your subscription terms.

To access certain features, you must create an account and provide accurate, current information. You are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old (or the age of majority in your jurisdiction) to enter into these Terms. You agree to notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or present security risk.

You will use the Service only in compliance with applicable law and these Terms. You agree not to misuse the Service, including probing or scanning systems you do not own or lack permission to test, attempting to circumvent technical limits or security, interfering with other users, or using the Service to distribute malware or unlawful content. We may enforce rate limits, usage caps, or other controls to protect the Service. We reserve the right to investigate and take appropriate action for violations, including suspension or termination.

Paid plans, fees, billing cycles, and taxes are presented at checkout and in your account. Payments are processed by our payment provider (e.g., Stripe). Subscriptions renew according to the plan you select until you cancel through your billing settings or as otherwise described at purchase. Trial terms, if offered, are stated at signup. Refunds and credits, if any, follow the policy shown at purchase or in plan documentation. If payment fails, we may suspend paid features until resolved.

Certain scans may be offered without an account. When you use those features, we process the information you submit (such as the URL or domain you provide) and technical data needed to run the scan and improve the Service, as described in our Privacy Policy. Anonymous or limited-identify use does not waive these Terms where they apply to your activity.

The Service, including software, branding, documentation, and our templates and UI, is owned by Rally Systems, Inc. and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription or permitted use. You retain rights in content you provide; you grant us the license reasonably necessary to operate the Service for you (e.g., to scan URLs you submit and store results in your workspace). Outputs are provided for your business use in accordance with your plan; resale or redistribution of our proprietary materials outside permitted use is not allowed without our written consent.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT FINDINGS OR RECOMMENDATIONS WILL ACHIEVE ANY PARTICULAR BUSINESS OUTCOME. SCAN RESULTS DEPEND ON THIRD-PARTY SITES AND CONDITIONS OUTSIDE OUR CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RALLY SYSTEMS, INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

You will defend, indemnify, and hold harmless Rally Systems, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your content or URLs you authorize us to scan, or your violation of these Terms or applicable law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to mandatory consumer protections in your jurisdiction, you agree that exclusive jurisdiction and venue for disputes arising from these Terms or the Service will lie in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

We may update these Terms from time to time. We will post the revised Terms on this page and update the effective date. For material changes to paid subscribers, we will provide notice as required by law or as described in your plan. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms, except where applicable law requires a different consent mechanism.

For legal questions, contact us at:
Rally Systems, Inc.
548 Market St PMB 99999, San Francisco, CA 94104
legal@playhero.ai