Terms of Service

TERMS OF USE

LAST REVISED ON 16.03.2021

The Helio platform is owned and operated by Helio A.G., a Swiss corporation based at Sihlquai 131, c/o The Hub Zürich Association, 8005 Zürich. In these Terms of Use ( Terms ), Helio A.G. will be referred to as "Helio" or "we", and the user of the cloud services that can be used through our website located at helio.exchange ( Platform ) will be referred to as "Client", "user" or "you".

By creating and using an account with Helio, and/or by purchasing services from Helio, you are accepting these Terms which, together with our privacy policy and our fair usage policy, will form the basis of the agreement between you and us.

1. AGE REQUIREMENT

You must be at least 18 years old to create an account on the Platform or to purchase services through the Platform.

2. ACCOUNT CREATION

2.1 To register as a Client on the Platform, you will need to create an account by providing the following details:

  • Full name

  • Address

  • Email address

  • Telephone number

    2.2 You must have agreed to these Terms, including our Privacy Policy, before you create an account with us. You must provide accurate registration information to us and notify us, by updating your account, if your information changes.

3. ACCOUNT SECURITY

3.1 You are responsible for all activity that occurs in your account on the Platform. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Platform. If you become aware that someone has gained unauthorised access to your account, you must change your password and notify us immediately at support@helio.exchange so that we can block your account. Helio accepts no liability arising from your failure to maintain adequate security with regard to your account on the Platform.

3.2 If you forget your password and are unable to access your account, please email us atsupport@helio.exchange

3.3 For detailed information about the steps we take to keep your account secure, please refer to our Privacy Policy.

4. ACCOUNT SUSPENSION AND DELETION

4.1 You can delete your account at any time. To delete your account, please follow the instructions in our FAQ.

4.2 If you have signed up for a subscription service and you delete your account before the end of your subscription period, you must pay your subscription fees until the date of expiry of your subscription. Your subscription will renew automatically unless you notify us 7 days in advance of the expiry date that you do not wish to renew. If you fail to pay for your subscription when payment is due, your account will be automatically suspended until payment is made. We will send you a notice that the account is suspended and an invitation to log in and make payment. If you fail to pay for the subscription within 5 working days of this notification we reserve the right to delete your account without notice and without prejudice to our right to claim payment.

4.3 If we discover that you have breached these Terms in any way, we may suspend your account immediately by notice to you, and without incurring any kind of liability to you. As soon as you receive the notice, you must contact us to discuss whether the breach can be remedied. If we do not hear from you within 30 days of your account being suspended, or if the breach is not, in our reasonable opinion, capable of being remedied, we will delete your account.

4.4 If we delete your account as a result of a breach by you of these Terms, or as a result of a failure by you to renew your subscription, we will not be liable to you for any loss or damage you or any other person suffers as a result of the deletion of your account.

5. ON-DEMAND JOBS, SUBSCRIPTIONS AND PAYMENT

5.1 If you require a Service on a one-off basis, we will analyse a sample from the files that you need to render and provide you with an estimated price for that Service. While we endeavour to make our fee estimates as accurate as possible, we reserve the right to increase the price in certain circumstances. For example, if the average size of the files that you need to render is significantly larger than the sample file you provide, we will charge you based on the actual size of the files.

5.2 If you require Services on an ongoing basis you can sign up for a monthly or annual subscription to our Services. The price of subscriptions for Freelancer and Business accounts will be the price advertised on our website for the relevant Services at the time you sign up. The price of subscriptions for Enterprise accounts will be the price quoted to you by Helio.

5.2 All prices advertised on our website include VAT.

5.3 Payment for our Services is made through our third party service provider, Stripe. If you sign up for monthly payments, Stripe will debit your account for the first month as soon as you sign up, and then each calendar month until you cancel the subscription. If you sign up for an annual payment, Stripe will debit your account for the following 12 months as soon as you sign up.

5.4 If we delete your account as a result of a breach by you of these Terms, all outstanding payments due from you to Helio will become immediately payable and will be debited from your account.

5.5 We will notify you 7 days before expiry of your subscription to give you the opportunity to renew the subscription without our Services being interrupted.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 For the purposes of these Terms, "Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

6.2 Unless otherwise stated in these Terms or on the Platform, Helio and/or its licensors own all Intellectual Property Rights in the Platform and in all material that you will find on the Platform. Helio grants you a limited, non-exclusive licence to use the Platform, subject to these Terms.

6.3 With the exception of files that are made available to you for downloading, you must not:

  • Republish material from the Platform

  • Sell, rent or sub-license material from the Platform

  • Reproduce, redistribute, or create derivative works from the Platform

  • Decompile, reverse engineer or disassemble the Platform or its source code

  • Attempt to circumvent or interfere with any of our technical or security measures.

    6.4 You warrant and represent to Helio that you own or are licensed to use and modify all materials ( Content ) that you upload to the Platform for the purpose of using our services. Helio does not access, use or copy your Content. Our only role is to make available cloud computing services that enable you to render your Content.You agree to indemnify Helio against any loss or damage incurred by Helio as a result of a claim that your Content infringes the Intellectual Property Rights of any third party.

7. PRIVACY, CONFIDENTIALITY AND SECURITY

Helio uses up to date firewall and encryption technology to secure the Platform and any messages, payments and other information sent through the Platform.

7.1 Confidentiality and privacy

Please read our Privacy Policy which explains how we protect your privacy.

7.2 Cookies

The Platform uses cookies. For more details about the way we use cookies, please read our cookie statement.

8. CONTENT RESTRICTIONS

8.1 You must not upload any content to the Platform that:

  • infringes any party's Intellectual Property Rights;

  • contains sexually explicit content or pornography;

  • contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

  • exploits minors;

  • depicts unlawful acts or extreme violence;

  • promotes fraudulent or dubious business schemes;

  • breaks any law;

  • distributes viruses, worms, Trojan horses, corrupted files, hoaxes, or any other items that are designed with destruction or disruption in mind; or

  • interferes with the provision of the Services or with any party's use of the Services.

    8.2 If you breach any of these requirements we will have the right to terminate your account immediately without further notice to you and without prejudice to any other rights that we may have.

9. FAIR USAGE

Helio provides unlimited rendering capacity subject to our fair usage policy which, along with these Terms, forms a part of our agreement with you. This means, in particular, that if your use of the Services is excessive and causes capacity problems for other users, we may need to de-prioritise your requirements. This will normally only occur if your use of available capacity reaches or exceeds the value limits set out in the fair usage policy.

10. SERVICE MODIFICATIONS

We reserve the right to modify the Platform at any time to make improvements and to comply with applicable laws. This may include changes to the appearance, content and functionality of the Platform.

11. ACCESS TO PLATFORM

You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Platform.

12. AVAILABILITY OF PLATFORM

We aim to provide a seamless service, but we cannot guarantee uninterrupted availability of the Platform. In addition, we cannot guarantee that the Platform will be error-free or that it will be legal for you to access, use or create an account on the Platform in your country of residence.

13. LIMITATION OF LIABILITY

13.1 You use the Platform at your own risk. With the exception of loss and damage caused by our gross negligence or deliberate misconduct, we do not accept liability for any loss or damage that you incur while using the Platform.

13.2 While we use reasonable efforts to ensure that the Services are completed by the deadline you specify, our ability to meet deadlines depends on us being provided with the information and the files we need in a timely manner. If we consider that we will be unable to meet a deadline we will notify you before we agree to provide the Services and suggest an alternative deadline. If provision of Services is delayed for any reason, we will notify you. We do not accept liability for any loss or damage you suffer as a result of a delay.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms are governed by the laws of Switzerland.

14.2 Disputes between Helio and users of the Platform are to be resolved in accordance with the following process:

  • The parties to the dispute will first attempt to settle it by negotiation.

  • If the parties to the dispute are unable to settle it within fourteen (14) days after written notice of the dispute has been sent by either party to the other party, the parties will attempt to settle the dispute by mediation in accordance with the mediation rules of the Swiss Chambers of Arbitration Institution.

    14.3 Neither party may commence any court proceedings in relation to any dispute arising from these Terms until it has attempted to settle the dispute by mediation and either the mediation has been unsuccessful or the other party has refused to participate in a mediation.

15. GENERAL

15.1 The rights of Helio and the user under these Terms (a) may be exercised as often as necessary; (b) are cumulative and not exclusive of rights or remedies provided by law; and (c) may be waived only in writing and explicitly. Delay in exercising or non-exercise of any right is not a waiver of that right.

15.2 Neither you nor Helio will have any liability for any delay in or failure to perform obligations under these Terms where the delay or the failure results from any event beyond the reasonable control of the party who is unable to perform. For the avoidance of doubt, this includes war, riot, civil commotion, fire, flood, storm, armed conflict, terrorist attack, nuclear, chemical, global pandemics and/or biological contamination.

15.3 You may not assign, sub-contract or in any way dispose of your rights or obligations under these Terms without Helio's prior written consent.

15.4 If any part of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will remain valid and enforceable to the extent permitted by law. If this occurs, Helio will use its best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by law, achieves the purposes originally intended.

15.5 These Terms may only be varied by Helio issuing a revised set of terms on the Platform. We will notify you when we update the Terms, and provide a link to the revised Terms. The revised Terms will apply with effect from the revision date set out at the top of the Terms.

15.6 If you need to send any formal notice to Helio under these Terms, you must send it to the following address: Sihlquai 131, c/o The Hub Zürich Association, 8005 Zürich. If we need to send a formal notice to you, we will send it to the address set out in your account profile. We may also, if we choose, send and accept notices by email.