Effective Date: 1st of September 2020
I. USER TERMS OF SERVICE
Welcome to Helvia-apps. Helvia-apps are online services that enhance communication among individuals, companies and agencies, using proprietary Conversational AI. Please read on to learn the rules and restrictions that govern our use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
These User Terms are Legally Binding
These Terms of Service (the "User Terms") are a binding written agreement between you and us, Helvia Technologies IKE, a private company registered under and governed by Greek Law ("Helvia" "we" "us") and is the creator, developer, legal owner and supplier of Helvia-apps. These User Terms govern your access and use of our Services, which is also governed by and is subject to the Microsoft Services Agreement (located athttps://www.microsoft.com/en/servicesagreement/), which are hereby incorporated by reference and are a part of these Terms. You are solely responsible and liable for complying with the Microsoft Teams Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will provide you with reasonable notice prior to the change taking effect by placing a notice on the Helvia website, by messaging you through the Services, or by any other means we deem appropriate.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing.
If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Microsoft Teams Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Microsoft Teams Policy.
Customer's Choices and Instructions
You are an authorized user in a Microsoft Team Controlled by the human resources department of a private entity, organization, agency or other third party (the "Customer"), which has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the "Contract"). If you are joining one of your employer's Microsoft Teams, for example, Customer is your employer. If you are joining a Microsoft Teams created by your friend using his/her personal email address to work on his/her new startup idea, he/she is our Customer and he/she is authorizing you to join their workspace.
The Contract permitted Customer to create and configure a Microsoft Team so that you and others could join (each invitee granted access to the Services, including you, is an "Authorized User").
What the Contract Actually Means
The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its Microsoft Team(s). When an Authorized User (including, you) submits content or information to the Services, such as messages or files ( "Customer Data" ), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provide or restrict access to the Services, enable or disable integrations, manage permissions, retention and export settings, transfer or assign or consolidate Microsoft Teams, create Channels, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
The Relationship Among You, the Customer and Us
As between us and the Customer, you understand that it is solely the Customer's responsibility to: (a) inform you and any Authorized Users of any relevant applicable Customer policies and practices and any settings that may impact the processing of Customer Data; (b) obtain any rights, permissions or consents from you and any Authorized Users that are necessary for the lawful use of Customer Data and the operation of the Services; © ensure that the transfer and processing of Customer Data under the contract is in line with both applicable law and the contractual obligations stemming from the agreement between the Customer and you, as the case may be; and (d) respond to and resolve any dispute with you and any other Authorized User relating to or based on Customer Data, the Services or Customer's failure to fulfill these obligations. Helvia makes no representations or warranties of any kind, whether express or implied, to you relating to the Services including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. In this respect, the Services are provided to you on an "as is" and "as available" basis.
II. GENERAL RULES
Legal User Age
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of eighteen. You represent that you are over the legal age and are the intended recipient of Customer's invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
User Representations – Prohibited Uses
To help ensure a safe and productive work environment, all Authorized Users must comply with our Microsoft Teams Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us.
In order for you to be allowed access to the Services, you agree not to resell, duplicate, reproduce or exploit any part of the Services without the express written permission of Helvia.
You further agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
You may use Services only for lawful purposes and in accordance with these User Terms.
You agree not to use the Services:
- (a) In any way that violates any applicable national or international law or regulation;
- (b) In any way that violates your contractual obligations towards the Customer, if any;
- (c) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
- (d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation;
- (e) To impersonate or attempt to impersonate the Customer, a Customer employee, another Authorized User, or any other person or entity;
- (f) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; and
- (g) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Services, or which, as determined by us, may harm or offend the Customer or other Authorized Users or expose them to liability.
Additionally, you agree not to:
- (a) Use the Services in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service;
- (b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
- (c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
- (d) Use any device, software, or routine that interferes with the proper working of Service;
- (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
- (g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack; and
- (h) Otherwise attempt to interfere with the proper working of the Services.
Access to Services
These User Terms remain effective until Customer's subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact the Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Microsoft Teams Policy.
Limitation of Liability
If we believe that there is a violation of the Contract, User Terms, the Microsoft Teams Policy, or any of our other policies that can simply be remedied by Customer's removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, other Authorized Users, or any third parties.
To the fullest extent allowed by applicable Law, under no circumstances and under no legal theory (including, without limitation tort, contract, strict liability, or otherwise) shall Helvia (or its licensors or suppliers) be liable to you for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, and whether or not the party has been advised of the possibility of such damages. Unless you are also a Customer (and without limitation to our rights and remedies under the Contract), you shall have no financial claims against us for a breach of these User Terms. Our maximum aggregate liability to you for any breach of the User Terms is fifty euros (€50) in the aggregate. The foregoing disclaimers will not apply to the extent prohibited by applicable Law and do not limit either party's right to seek and obtain equitable relief.
The sections titled "The Relationship Among You, the Customer, and Us," "Limitation of Liability," and "Survival," and all of the provisions under the general heading "General Provisions" will survive any termination or expiration of the User Terms.
III. GENERAL PROVISIONS
Email and Text Messages
Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., a text messaging notification). Notices to Helvia-apps should be sent to firstname.lastname@example.org, except for legal notices, which must be sent to email@example.com. A notice will be deemed to have been duly given: (a) the business day after it is sent, in the case of a notice sent through e-mail; and (b) the same business day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.
The failure of Helvia to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The User Terms set forth the entire understanding between you and Helvia as to the Services and supersede any prior agreements between you and Helvia (including, but not limited to, prior versions of the User Terms).
The User Terms, including the Microsoft Teams Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, including the Microsoft Teams Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. All Customers shall be provided with reasonable written notice prior to such assignment being effected.
Governing Law and Competent Courts
The User Terms, including the Microsoft Teams Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Microsoft Teams Policy, or its formation, interpretation or enforcement.