Customer Panel Terms

HeroSwipe business services | Version 1.1 | Effective date: 5 October 2026

1. Operator and scope of the Terms

1.1. The operator of the Panel and HeroSwipe services is HEROSWIPE spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Ignacego Mościckiego 1, 24-110 Puławy, Poland, KRS 0001184316, NIP 5214126072 ("HeroSwipe", "we", "us").

1.2. These Terms apply to the HeroSwipe administrative panel (the "Panel") and services made available to business customers, in particular Hero A/B and Hero Content+ (the "Services").

1.3. The Services are intended primarily for businesses, brands, marketplace sellers, vendors, aggregators and e-commerce agencies. A person creating an account on behalf of an organisation represents that they are authorised to represent that organisation or otherwise bind it to these Terms.

1.4. If a particular feature, integration, plan or service is subject to separate terms, an order specification, a description in the Panel or an individually agreed offer, those documents supplement these Terms. In the event of conflict, an individually agreed offer or order takes precedence, followed by terms specific to the relevant feature.

2. Organisation account, administrator and team users

2.1. The Client creates an organisation account and appoints at least one user with administrative permissions (the "Administrator"). The Administrator is responsible for granting, changing and revoking team-user permissions.

2.2. The Client and its users must provide accurate and up-to-date information, protect login credentials, use security mechanisms available in the Panel and not make accounts available to unauthorised persons.

2.3. Actions taken by a user within the permissions granted to that user are treated as actions of the Client. The Client should promptly revoke access for any person who is no longer authorised to act on its behalf.

2.4. The Panel may allow multiple user accounts, roles, agency client sub-accounts, seller accounts and other organisational structures. The scope and limits of these features are determined by the current plan or offer displayed in the Panel.

3. Formation of the agreement and access to Services

3.1. The agreement for use of the Panel is concluded when the Client accepts these Terms and the account is activated, unless an offer, order or separate agreement specifies a different time.

3.2. The scope of the Services, plan parameters, price, currency, billing period, number of votes/testers, limits, integrations or add-ons are specified in the Panel, on the HeroSwipe website, in the order or in an individual offer.

3.3. Features labelled beta, test, preview, roadmap or "in development" may be incomplete, changed or withdrawn. They are not part of the guaranteed scope of a Service until they are made available to the Client as an active feature of its plan.

4. Hero A/B

4.1. Hero A/B enables comparative studies and validation of, among other things, product images, product variants, packaging, logos, advertisements, creatives, concepts, purchase intent and other marketing-research elements with the participation of HeroSwipe testers.

4.2. Tests are conducted within HeroSwipe, in environments designed to mirror the context of selected marketplaces or platforms. They are not conducted directly on Amazon, Allegro, Temu or another platform unless HeroSwipe expressly states that a different feature is being provided.

4.3. The Client creates a test, uploads variants, selects an available environment and may add additional questions. Once a test has started, materials and settings may be locked against editing so that all testers evaluate the same study variant.

4.4. The number of testers, targeting options, expected completion time and available reports are shown before the test starts. The standard offer may provide for 100 testers and results within 24 hours; the binding parameters are those displayed in the Panel or order for the relevant test.

4.5. Results may include percentage preferences, variant rankings, answers to additional questions, demographic information and other analyses available in the relevant version of the Service. Export to PDF, XLS/XLSX or other formats is available only where the Panel provides that function.

4.6. HeroSwipe does not guarantee that study results will translate into any specific level of sales, conversion, clicks, search ranking or other business outcome. Results are intended to support the Client’s decisions.

5. Hero Content+

5.1. Hero Content+ enables the analysis, creation and optimisation of marketplace content using artificial intelligence. Depending on available features, it may include product titles, bullet points, descriptions, A+ Content and content adapted to a selected market, language and marketplace.

5.2. The Client may import or enter product data, existing listings, files, text, links or data from supported integrations. Available import methods are indicated in the Panel from time to time.

5.3. Analyses may include factors relating to content quality, SEO, GEO, Amazon Rufus and other criteria supported in the relevant version of the Service. Such analyses are advisory and do not guarantee compliance with a marketplace algorithm or any increase in visibility or sales.

5.4. Generated content may contain errors, inaccuracies or material requiring adjustment. The Client must review content before use, in particular for compliance with law, intellectual-property rights, accuracy of product claims and the rules of the selected marketplace.

5.5. HeroSwipe does not replace professional legal, regulatory, medical or industry-specific advice. The Client is responsible for the final decision to use and publish generated content.

6. Integrations and marketplace publishing

6.1. Currently supported integrations are indicated in the Integrations section or elsewhere in the Panel. Information about integrations in development or on a roadmap does not mean that they are available.

6.2. Where publishing is available for a particular marketplace, the Client may send approved content from HeroSwipe to a connected marketplace account in accordance with the permissions granted to the integration.

6.3. As a rule, generated or optimised content may be reviewed before publication so that the Client remains in control of what goes live. If the Client later knowingly enables an automatic-publishing or automation feature, the rules of that feature will be presented before activation.

6.4. The Client is responsible for having the accounts, permissions and authorisations required to use integrations. HeroSwipe is not responsible for changes, limitations, interruptions, rejected publications or blocks resulting from the operation of an external marketplace, its API or its rules.

7. Client Materials and intellectual property rights

7.1. "Client Materials" means product data, photographs, graphics, text, trademarks, logos, listings, files, research questions and other content provided by the Client to the Panel.

7.2. The Client retains its rights in the Client Materials and represents that it has the rights or appropriate permissions necessary to upload, process, modify, test and publish them within the scope of the ordered Services.

7.3. The Client grants HeroSwipe a non-exclusive, worldwide, royalty-free licence to copy, store, process, analyse, technically modify, render, label, combine with other data and display Client Materials to the extent necessary to provide, maintain, secure and develop the Services. HeroSwipe may engage technical providers and subcontractors acting on its behalf to perform these activities.

7.4. The Client agrees that HeroSwipe may use Client Materials, including photographs, graphics, listings, product data, text, test results, responses and aggregated study results, data about use of the Services, and content generated or processed in the Panel, to develop, train, fine-tune, test, evaluate and improve HeroSwipe’s own artificial-intelligence and machine-learning models, algorithms, recommendation systems, matching mechanisms, analytics tools and other HeroSwipe features. Models and features developed in this way may subsequently also be used in providing Services to other HeroSwipe clients.

7.5. For model development, HeroSwipe may create working copies, training datasets, representations, features, embeddings, statistics, labels and other derived data from Client Materials. Where possible and appropriate to the purpose, HeroSwipe applies aggregation, pseudonymisation, removal of direct identifiers or other measures designed to reduce the possibility of linking data to a specific Client. Termination of the agreement does not require deletion of model parameters, weights, metrics, aggregated insights or other model elements that are not personal data and do not reasonably enable reconstruction of non-public Client Materials.

7.6. Use of Client Materials for model development and training does not grant a right to publicly disclose non-public Client Materials. HeroSwipe will not intentionally make raw non-public Client Materials available to other clients or design models for the purpose of reproducing such materials. HeroSwipe applies appropriate technical and organisational measures designed to reduce the risk of unauthorised disclosure or reconstruction of confidential content.

7.7. The software, interface, models, algorithms, technical solutions, HeroSwipe marks, system templates, model parameters, model weights, features, representations, metrics, aggregated insights and other platform elements that are not part of the Client’s rights in its Client Materials remain the property of HeroSwipe or its licensors.

8. Confidentiality and study results

8.1. Non-public Client Materials, tests, results and generated content are not publicly made available to other HeroSwipe business customers, subject to access by testers and providers to the extent necessary to perform the Service and to the use of such data for model development and training in accordance with clauses 7.4-7.6. The use of data for model training is not itself treated as public disclosure.

8.2. Testers receive only the information required to participate in a specific study. HeroSwipe may use measures designed to restrict copying or further distribution of materials, but it does not guarantee that a third party will never make an unauthorised copy or disclosure.

8.3. If the parties have entered into a separate confidentiality agreement, it applies to the extent that it contains more specific provisions.

9. Prices, payments, plans and invoices

9.1. Prices for the Services are indicated in the Panel, on the website, in an order or in an individual offer. These Terms are not a price list and do not guarantee unchanged pricing for future orders or billing periods.

9.2. Depending on the Service, billing may take the form of a one-off test purchase, a package of votes, a subscription, an add-on to a plan or an individual Enterprise model. Details are shown before purchase.

9.3. If the Client selects a subscription, the billing period, price, renewal rules and cancellation options are shown before activation. Automatic renewal applies only where it has been clearly indicated and accepted.

9.4. Prices may be presented in PLN, EUR, USD or another available currency. Taxes, including VAT, are added or accounted for as stated in the purchase process and in accordance with applicable law.

9.5. Invoices are made available in the Panel, including in the Plan & Tokens section where that section is available in the current version of the Panel, or are delivered in another agreed manner.

9.6. Unused votes, tokens or credits are subject to the rules stated at the time of purchase. If no expiry period was stated before purchase, HeroSwipe should not apply one retroactively to an already purchased pool without an appropriate contractual basis.

10. Agencies and management of multiple clients

10.1. An agency account may allow management of multiple clients, sub-accounts, users, seller accounts and product portfolios. The current scope and limits depend on the selected plan.

10.2. The agency is responsible for having authority from its clients to upload their data and Client Materials, connect marketplace accounts and place orders on their behalf.

10.3. Where an agency provides a sub-account to its client, the agency is responsible for correctly configuring permissions and separating access between the organisations it serves.

11. Acceptable use

11.1. The Client must not use the Panel in an unlawful manner or in a way that infringes third-party rights, compromises platform security or undermines the integrity of study results.

• upload unlawful or misleading content, or content that infringes intellectual-property rights, personal rights or confidentiality;
• circumvent security measures, limits or billing mechanisms, obtain unauthorised access or disrupt operation of the platform;
• attempt to identify testers from the results received or contact them outside functions provided by HeroSwipe;
• use tests for discriminatory or unlawful activities or for high-risk decisions concerning specific individuals without an appropriate legal basis;
• introduce malicious code, bots or automation not approved by HeroSwipe.

11.2. HeroSwipe may temporarily restrict access or suspend performance of an order where justified by security, suspected abuse, a legal requirement or the protection of testers and clients. Where possible, we explain the reason and allow the matter to be clarified.

12. Personal data

12.1. The rules for processing personal data of persons who use the Panel as users of an organisation account will be described in a separate Business Customer Privacy Policy or other appropriate GDPR notice.

12.2. Test results provided to the Client are generally aggregated and may include relevant demographic information; they do not include direct identifiers of testers such as email addresses or login credentials.

12.3. If the Client entrusts HeroSwipe with processing personal data for which the Client is the controller, the parties will enter into a data processing agreement (DPA) where required by the GDPR. Clauses 7.3-7.6 do not replace a required legal basis for processing personal data or the provisions of a DPA. Personal data contained in Client Materials may be used for HeroSwipe’s own model-development purposes only to the extent permitted by law, the applicable privacy notice and the parties’ arrangements concerning their respective data-protection roles.

13. Availability, maintenance and feature changes

13.1. HeroSwipe uses reasonable efforts to make the Panel and Services available but does not guarantee uninterrupted operation. Interruptions may result from maintenance, updates, security incidents, provider failures or changes to external APIs.

13.2. We may develop, update, replace or withdraw features where justified by product development, security, changes in law or changes made by providers. If a material paid feature is changed during an ongoing subscription period, we will give the Client appropriate advance notice and provide the remedies available under the agreement or applicable law.

13.3. Updates should not deprive the Client of Services already purchased without an equivalent solution, settlement or other basis agreed with the Client.

14. Liability

14.1. HeroSwipe is responsible for duly providing the Services in accordance with these Terms and mandatory applicable law.

14.2. HeroSwipe is not liable for business decisions made by the Client solely on the basis of test results, generated content, recommendations or analyses, or for sales, ranking, advertising or financial results whose achievement depends on factors beyond HeroSwipe’s control.

14.3. HeroSwipe is not liable for unavailability, rule changes, API restrictions, errors or decisions of external marketplaces, cloud providers, payment systems or other third-party services, unless such liability follows from mandatory law.

14.4. In business-to-business relationships, to the maximum extent permitted by law, HeroSwipe is not liable for lost profits, loss of revenue, loss of contracts or indirect losses. HeroSwipe’s aggregate liability arising from a given event or series of related events is limited to the net amount paid by the Client for the Services during the 12 months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot lawfully be excluded or limited, in particular damage caused intentionally.

14.5. The Client is responsible for compliance of Client Materials, published content, marketing claims and use of the Services with applicable law and marketplace rules to the extent within the Client’s control.

15. Suspension and termination of use of the Panel

15.1. The Client may stop using the account through the functions available in the Panel or by contacting HeroSwipe at [email protected]. Rules for ending a paid subscription or commitment period are determined by the selected plan or order.

15.2. HeroSwipe may terminate the agreement or suspend access for good cause, including a material breach of these Terms, payment arrears, abuse, a security threat or a legal requirement. If the breach can be remedied, we will generally allow a reasonable period to remedy it unless immediate action is necessary.

15.3. After termination, access to the Panel may be disabled. Before termination, the Client should download data and reports that the Panel allows it to export. Obligations concerning settlements, confidentiality, intellectual-property rights, data and liability survive to the extent required by their nature.

16. Complaints and support

16.1. Technical questions and complaints may be sent to [email protected], stating the account details, a description of the issue, the order or test number where applicable, and the requested resolution.

16.2. We respond within a reasonable time appropriate to the nature of the matter. If an offer, SLA or separate agreement provides a specific response time, that agreed standard applies.

17. Changes to the Terms

17.1. We may amend these Terms for valid reasons, in particular due to changes in law, the operation of the Services, security, billing model, integrations or feature scope.

17.2. We will give appropriate advance notice of material changes affecting ongoing Services, for example by email or in the Panel. Changes do not prejudice acquired rights or the terms of Services already paid for, unless the change is necessary for legal or security reasons and applicable law permits a different solution.

18. Governing law and final provisions

18.1. These Terms and agreements concluded under them are governed by Polish law.

18.2. In disputes between HeroSwipe and a Client that is a business, the common court having jurisdiction over HeroSwipe’s registered office shall have jurisdiction unless mandatory law provides otherwise.

18.3. If any provision is found invalid or unenforceable, the remaining provisions remain in effect, and the parties should replace the defective provision with a lawful solution that most closely reflects its economic purpose.

18.4. These Terms are made available in a form that allows them to be saved and reproduced. Contact HeroSwipe at [email protected].