LAST UPDATED February 13, 2024

Helia, LLC.'s ("Helia") Terms and Conditions

Introduction

1.1. Welcome to Helia, LLC.'s ("Helia"), an online platform providing revolutionary systems for sales and marketing automation, online reputation management, review management, online listings management, messaging, automation, insights and analytics, integration with other platforms, mobile app, multi-location management, customizable templates, sales funnels, CRM, pipeline management, website builder, surveys and forms builder, email marketing, 2-way SMS marketing, bookings and appointments, and workflow automation, AI. These Terms and Conditions govern your use of our Service.

Eligibility

2.1. The Service is intended solely for thirteen (13) years of age or older. Any registration by, use of, or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 13 or older and that you agree to and will abide by all of the terms and conditions of these Terms.

Subscription

3.1. To access the full range of features and services offered by Helia, you must sign up for a subscription. The subscription fee will be clearly stated on our website and will vary depending on the package chosen.

Use of the Service

4.1. You are granted a non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial use, per these Terms and Conditions.

4.2. You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party.

4.3. You shall not use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

4.4. You shall not use the Service to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

4.5. You shall not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

4.6. You shall not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Helia, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose H3LIA or its users to any harm or liability of any type.

Intellectual Property

5.1. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by H3LIA its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Disclaimer of Warranties

6.1. Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. Helia, its affiliates, licensors, and service providers, to the fullest extent permitted by law, disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2. Helia, its affiliates, licensors, and service providers make no representations or warranties about the accuracy, completeness, security, or timeliness of the content, features, or functionality of the Service or the content of any websites linked to the Service.

6.3. Helia, its affiliates, licensors, and service providers do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

6.4. Helia, its affiliates, licensors, and service providers do not warrant that the results obtained from using the Service will be accurate or reliable.

6.5. Helia, its affiliates, licensors, and service providers do not warrant that the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations or that any errors in the Service will be corrected.

6.6. You understand and agree that any material downloaded or otherwise obtained through the Service is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

7.1. To the fullest extent permitted by law, Helia, its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Service, whether based on contract, tort, negligence, strict liability or otherwise.

7.2. In no event shall Helia, its affiliates, licensors, and service providers be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Service.

7.3. In no event shall the aggregate liability of Helia, its affiliates, licensors, and service providers, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of the Service exceed any compensation you pay, if any, to Helia for access to or use of the Service.

Indemnification

8.1. You agree to defend, indemnify and hold harmless Helia, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or in connection with: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

Changes to the Service and Terms

9.1. Helia reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice.

9.2. Helia reserves the right to modify these Terms and Conditions at any time, and you agree to be bound by the revised terms. If you do not agree to the modified terms, you should discontinue using the Service.

9.3. Helia will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Termination

10.1. Helia may terminate or suspend your account or your use of the Service at any time, with or without cause, with or without notice, effective immediately.

10.2. Upon termination, your right to use the Service will immediately cease.

10.3. If you wish to terminate your account, you may discontinue using the Service.

Additional Services

11.1. Helia provides a comprehensive suite of services including but not limited to: Online Reputation Management, Review Management, Online Listings Management, Messaging, Automation, Insights and Analytics, Integration with Other Platforms, Mobile App, Multi-location Management, Customizable Templates, CRM, and Pipeline Management, Unlimited Sales Funnels, Website Builder, Surveys and Forms Builder, Email Marketing, 2-way SMS Marketing, Bookings and Appointments, and Workflow Automation.

11.2. The services provided by Helia may be subject to additional terms and conditions, and you will be required to accept such terms and conditions before using such services.

11.3. The services provided by Helia may also be subject to additional fees, and you will be required to pay such fees before using such services.

Artificial Intelligence

12.1. Helia uses AI to improve the performance of the services provided.

12.2. You understand and agree that the use of AI by Helia is experimental and that the results obtained from the use of AI may not be accurate or reliable.

12.3. Helia will not be liable for any damages arising from the use of AI by the Service.

General

13.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York without giving effect to any principles of conflicts of law.

13.2. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

13.4. You agree that these Terms and Conditions, together with Helia, LLC.'s Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and H3LIA with respect to the Service.

13.5. Helia, LLC.'s failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Contact Us

14.1. If you have any questions about these Terms and Conditions, please contact Helia, LLC at [email protected].