Terms and Conditions (“Terms”)
Last updated: April 26, 2017
Please read these Terms and Conditions (herein referred to as “Terms” and “Agreement” as well) carefully before using the www.helppier.com website (the “Website” or “Service”), for, by accessing or using the Service, these actions will be taken as an acceptance of, and compliance with, all these Terms and Conditions, meaning that You have agreed to be bound by these Terms. No signatures are necessary for this Agreement to be enforced. If you disagree with any part of the Terms, then you should not access the Service whatsoever.
Of these Terms consists the Agreement between Helppier (“Us”, “We”, or “Our”), which owns and operates the Service; and You (either You are a visitor, a user, or even if You just accessed the Service, whether an account is created or not). This Agreement governs the use of the website.
For starters, by using Our Service, You agree that You are of legal age, and that if You are acting on behalf of someone else or as a representation of a group or organization, You have the authority and the “represented” consent to do so.
We work to provide you with an accurate and reliable service that helps You, or your company, with Onboarding, User Retention, and Customer Relationship Management, but not only. We cannot, however, warrant that all these goals will be successfully achieved with the use of our Service, meeting all your requirements.
Part of the service we provide is subject to the payment of fees. There is, however, the opportunity for You to try some of the Service’s features for free by requesting a demo of fifteen (15) days. Besides these components, Our Service makes available other content free of charge such as Our Blog. Our Service might also include integrations of Third Parties.
We warrant that We have no right or interest in your End-Users’ data or information, but this does not mean that We will never hold any of that information, for which collection and submission You are responsible and liable for. We are not to be liable as well for Third Parties services or content, and whose Terms and Conditions We suggest You read.
Use of the Service
Helppier grants You the right to access Our Service and to use it as befits, as long as it is in accordance with these Terms. You can use the Service just to an extent, as the Service itself is not transferable: You cannot sublicense, sell, resell, rent, lease, transfer, distribute, or make the Service available to any Third Party, unless expressly permitted by Helppier.
You cannot use the Website for any illegal or unauthorized purpose. By using the Service You shall not incur in the breaching of any laws in your jurisdiction.
Other conducts are strictly forbidden on the Service, for instance: interfering with the website or with the other users, tracking users or disclosing other’s personal identifiable information, collecting visitors’ data, or tampering with the Service or other users.
A breach of these conducts or any of the Terms herein may lead to the Termination of your access to the Service and You might also be exposed to civil and, or, criminal liability.
When You create an account, You must provide Us accurate and complete information whenever requested, such as your legal full name or a valid email address. Failure to comply constitutes a breach of these Terms, and may result in immediate termination of your account on our Service.
Accounts created through automated methods, such as by Bots, are not permitted. You cannot use a name of another person or entity that is not lawfully available, nor a name nor trademark subject to proprietary rights of another person or entity, without appropriate authorization. You cannot use an offensive or indecent name as well.
You are responsible for safeguarding the password with which to access the Service and You are also liable for any activities or actions under your password.
You agree not to disclose your password to any third party and You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage from your failure to secure your password.
Our services are charged monthly or annually, and you can opt for the one that suits You better when you register and create an account. For the payments to occur We will put out a request for some of your credit card information, however We will not keep that information in Our collected data. Your subscription will be renewed automatically after You have paid the monthly or annually charges.
If the payment is not received, You herein agree to pay all that is due upon demand. In case this happens, You might also find your account suspended or cancelled. If your account is terminated or cancelled the money is not refundable.
Downgrading your plan may cause You to lose content, access to certain features or integrations, and if you do so during the period of a subscription You have already paid for, the money is not refundable. Helppier is not liable for such losses.
Our plans exclude any taxes, levies or duties, and You are responsible for the payment of all these and for the compliance with all applicable tax laws and regulations in your jurisdiction.
We also offer a fifteen (15) days free of charge demonstration of our service.
We cannot warrant that unauthorized parties will never be able to defeat our security measures for improper purposes. You acknowledge that You provide your personal information and submit content at your own risk.
Helppier and the Website is property of Helppier Lta., and the content in Our Website is protected by copyright and other applicable intellectual property rights. Others trademarks, names, or logos that might appear on the Service belong to their respective owners.
You may use Our content only for personal, non-commercial purposes, such as to retain information for reference. Modification of the Service’s content for any other purposes is a violation of Helppier’s copyright and other proprietary rights. You cannot copy, reproduce or distribute the Service.
We strive to comply with all applicable intellectual property rights and to respect everyone’s copyright rights. If We are made aware that any material is or might be infringing any rights or laws, We will act promptly to remove or forbid further access to it.
Our Service allows You to leave suggestions or comments in Our blog and other kinds of feedback. You are responsible for any kind of material or information (“Content”) you submit into Our Website, its legality, reliability and suitability.
You submit such content voluntarily, and while we will never try to appropriate your content, We have the right to use and reproduce it elsewhere as We see fit and without any obligation to You. Nevertheless, for any other kind of content, We will request your consent to use it, and notify you when We do so.
The material you submit, however, must not contain information or materials that are inappropriate, inaccurate, misleading, fraudulent, or illegal. It must not be perceived as unlawful, inflammatory, or offensive. If We receive notice that there is such content in Our Website, We are entitled to, and have the right to remove or edit that content which Helppier perceives as inaccurate or inappropriate. Thus, You are responsible and liable for the Content You submit, and
You are to defend, hold harmless and indemnify Helppier from and against any damages which might occur due to your content.
Third Parties’ Content
The Website displays some links to Third Parties and Third Parties’ content. This kind of content is not Helppier’s responsibility but its respective author or distributor. If You have any questions or problems concerning these links and content, these shall be directed to their respectful owners.
Links To Other Websites
Our Service may contain links to third-party web sites or services which are not owned or controlled by Helppier, and therefore We have no control over, and assume no responsibility for the content, privacy policies, or practices of any of these third party web sites or services. You further acknowledge and agree to the fact that Helppier is not to be responsible or liable for any damage or loss that occurs as a consequence of using or relying on any such content, directly or indirectly, goods or services available on or through any such web sites or services.
We strongly recommend You to read the Terms and Conditions and Privacy Policies of any such third-party web sites or services that you visit.
Whenever Helppier and another party have shared confidential information, but such information has to be disclosed to a third party, the owner of such information has to be first notified about the requirement of disclosure, and both parties have then to cooperate in the process.
Confidentiality obligations remain effective even after these Terms have been terminated, and it remains like so until the information is made public through legitimate means.
Upon the termination of these Terms and Conditions both parties shall return all the confidential information retained. No copies are to be made, and if any party cannot return part of the information, they must then destroy such information promptly.
The Service is provided in an “as is” and “as available” basis. We do not warrant that the website will always be available, uninterrupted, nor secure to use and operate. Helppier does not guarantee that the materials or content displayed will be uninterrupted or error-free.
We may make changes to the Service, and We will work hard for those modifications and corrections to work as smoothly and error-free as possible, but We are not to be liable for otherwise.
As with any website or service in the Internet, We, at Helppier, put Our utmost effort to make Our Service secure and to protect You from adversities. However, Helppier shall not be charged as responsible for any errors or malfunctions that may occur, nor for the existence of viruses or other harmful components.
You agree and acknowledge that your use of the Service is entirely, or to the maximum permitted by the applicable law, at your sole risk. We advise You to take all the precautions You deem necessary to protect yourself against any claim, damage, loss or hazard that may fall upon You by virtue of your use of Our Service and reliance on it.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
Limitation of Liability
To the fullest extent permissible by law, in no event will Helppier be liable to You or to any other entity for any direct or indirect, incidental or consequential damages that result from the use of Our Service, reliance on any materials submitted by Us, or due to any errors, inaccuracies, omissions, defects, security breaches, or any failure to perform by Helppier. This is valid even in cases where We have been warned of the possibility of such damages.
These limitations are not applied in the countries or states where such limitations of liability for incidental or consequential damages are not permitted by law.
Notwithstanding what was stated, any damages for which Helppier is liable for shall not exceed the value of the actual damages incurred, or the total amount paid by you for the Service during the twelve (12) months preceding the claim.
Your sole remedy for dissatisfaction with the Service is to cease using it.
This defense and indemnification’ obligations will survive these Terms.
You agree to defend, indemnify and hold Helppier and anyone on its behalf, harmless against any losses, expenses, costs, claims, or damages, incurred as a result of, or in any manner related to your breach of these Terms.
Cancellation and Termination
You have the right to cancel your account, and You are able to do so by entering in contact with Us expressing your wishes or through your account page. By cancelling the service before the end of your, already charged for, subscription period, Your cancellation will take effect immediately and You will not be charged again. You will not, however, receive a refund for the remainder period You had paid for previously.
Helppier reserves the right to terminate, suspend, limit or revoke your access to Our Service immediately, at Our sole discretion, including without limitation if you breach the Terms, without prior notice, or in case of technical difficulties. We are not liable for any loss of information in the process of cancelling or terminating your account.
Ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive termination.
Upon termination, your right to use the Service will immediately cease.
These Terms are governed and construed in conformity with the Portuguese laws, without regard to its conflict of law provisions or your state or country of residence, and they will not violate any others agreements to which you are bound to, or any law, rule, regulation, order or judgement You are subject to.
Our failure to enforce any right or provision of these Terms does not consist a waiver of those rights or provisions. If the provision of one of these Terms is declared invalid or unenforceable by a court, the remaining provisions of these Terms will still prevail, valid and in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any heading or section title contained herein serve only to make these Terms more readable and convenient. They do not have any legal value, and do not define or explain any section whatsoever, reason why You must read all the sections.
We reserve the right to update and change both the Website and these Terms and Conditions, at our sole discretion, being that in case of the later happening, the new version will be posted in Our Website with all the modifications, replacing the older version.
We encourage You to read these Terms from time to time. If the revisions are substantial or profound We will provide at least a thirty (30) days’ notice prior to those alterations becoming effective. What constitutes a material revision or not, however, is determined by Us.
If the Terms have to be amended to comply with any legal requirements, the amendments may take effect immediately or as demanded by law without any prior notice.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Any dispute that arose before the new version is implemented shall be governed by the version that was previously in place when the dispute itself arose.
If you have any questions about these Terms, or if You feel the need to notify Us about any matter, please contact us to [email protected]