Terms of service
End-User License Agreement
By using helmdeck online and offline products, provided by Draftsoft sp z o.o. (collectively, “Helmdeck,” “We” or “Us”) you agree to be bound by the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice. You can review the most current version of the TOS at any time at: https://helmdeck.com/terms
Administrator – selected End-user(s) or 3-party user(s) with administrator role in application.
Helmdeck platform – online applications, add-ons provided by Helmdeck LTD
Customer – in other words “You”
End user – individuals who are authorized to access and use the Helmdeck Platform under Your subscription.
Subscription – period in that Helmdeck platform is fully accessible for You and Your End users, according to paid fees.
Support – Support via email and phone is available in connection with a paid Subscription.
Fees – costs including subscription costs and additional services costs.
Free trail – first 14-days after account creation. You can use Helmdeck platform during free trail period free of charge. After trail expiration you can continue to use Your account only if you paid subscription.
Registration – We only offers accounts on behalf of business entities. You represent and You agree that you are entering into this agreement on behalf of the company or other legal entity. You agree that such company or legal entity has full legal capacity and is in good standing in the jurisdiction in which it is formed.
Requested information – You must provide complete and accurate information during the registration process, including either a valid credit card number that You are authorized to use, or proper data (used on invoice) if You are registering for a paid Subscription.
Communication from Helmdeck – We can communicate with You via e-mail, phone or messages inside Helmdeck platform.
Users and account owner obligations
Helmdeck LTD may prohibit any user or from using the Helmdeck Platform in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
You are responsible for using the Helmdeck Platform in a private and secure manner. We are not liable for any damage or loss due to unauthorized account access resulting from your actions, especially sharing password with other people.
You may not use the Helmdeck Platform for any illegal activity or to violate laws in your jurisdiction.
You may not use the Helmdeck Platform to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Helmdeck Platform to access unauthorized information.
§3 BILLING AND SUSCRIPTION FEES
The Helmdeck platform are available under subscription plans of various durations.
You can manage your subscription plan in settings after sign in to Helmdeck Account. You decide how many End Users you purchase, payment method, plan, add-ons and additional services. HELMDECK WILL CHARGE YOU ACCORDING TO ACCOUNT SETTINGS, NOT ACCORDING TO NUMBER OF ACTIVE USERS. Subscription will renewal at the end of every payment period, fee will be charged according to Your Account settings.
If you do not wish to renew the subscription, You must change Account settings.
Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your helmdeck Account, but no refunds will be paid on any remaining subscription period.
You agree that your purchase of the Subscription is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Helmdeck with respect to future functionality or features.
Payments for subscription can be made either by Credit card or by paypal.
If You are paying by Credit Card
Your subscription will be automatically renewed at the end of each subscription period unless you deactivate all users in your account. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card.
If You are paying by Paypal services
You will receive information about upcoming fees monthly on e-mail address set in account details. You must carry out payment process in due time provided on received information.
Suspension of Platform Access and Service. If Your account is thirty (30) days or more overdue. Helmdeck reserves the right to suspend Your access to the Helmdeck Platform, without any liability to Helmdeck, until Your account is paid in full.
Taxes. You are responsible for all sales, use, value added, withholding or other taxes or duties, payable with respect to Your purchases hereunder, other than Helmdeck’s income taxes. If Helmdeck pays any such taxes on Your behalf, You agree to reimburse Helmdeck for such payment unless You provide Helmdeck with a valid exemption certificate authorized by the appropriate taxing authority.
§4 UPDATES AND TECHNICAL REQUIREMENTS
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Helmdeck Platform (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Helmdeck Platform.
Technical Requirements – You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access to the Helmdeck Platform, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Helmdeck Platform.
API – You further acknowledge that if You use API Helmdeck shall not be responsible or liable for any disclosure, modification or deletion of Your Data resulting from any such access by API.
§5 DATA OWNERSHIP
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Helmdeck platform does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Helmdeck commercial, marketing or any similar purpose. But you grant Helmdeck permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Helmdeck platform to you.
You understand that all information, data, text, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not We, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Helmdeck platform.
You acknowledge, consent and agree that Helmdeck may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Helmdeck, its users and the public.
You understand that the technical processing and transmission of the Helmdeck Platform, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Other Application and Your Data. You further acknowledge that if You acquire third party applications for use with Your Subscription, Helmdeck may allow the providers of such applications to access Your Data in order to allow such applications to interoperate with the Helmdeck Platform. Helmdeck shall not be responsible or liable for any disclosure, modification or deletion of Your Data resulting from any such access by third party application providers.
You agree to be identified as a customer of Us and you agree that We may refer to you by name, trade name and trademark. You hereby grant Us a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Us pursuant to this marketing section.
§7 PRODUCT DEVELOPMENT AND PROPRIETARY RIGHTS
Customization – We owns all work product, including Customizations and configurations produced as part of the Helmdeck Platform, and all intellectual property in and to such work product. We own all proprietary or other rights in or to The Helmdeck Platform and Residuals.
Residuals – We develop new functions with Business and You. We reserves right to use any of solution in order to develop new functions and features in The Helmdeck Platfrom, You will not restrict Us to use any of Residuals provided to You.
§8 DISCLAIMER OF WARRANTIES
We does not warrant that the Services or the functions contained in the Helmdeck Platform will meet Your requirements or that the operation of the Helmdeck Platform will be uninterrupted or error- free. Further, We does not warrant that all errors in the Helmdeck Platform can or will be corrected. We will not be responsible for any loss of Your Data or inability to perform certain tasks resulting from Your decision to downgrade your Subscription.
Limitation of Liability – NEITHER YOU NOR HELMDECK, NOR OUR RESPECTIVE SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT.
You agree to indemnify and hold Helmdeck and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) Content you submit, post, transmit or otherwise make available through the Helmdeck Platform, (ii) your use or access of the Helmdeck Platform, (iii) your connection to the Helmdeck Platform, (iv) your violation of the TOS, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Helmdeck Platform in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
Entire Agreement – The TOS constitute the entire agreement between you and Us and govern your use of the Helmdeck Platform, superseding any prior agreements between you and Us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Our services, affiliate services, third-party content or third-party software.
Choice of Law and Forum – The TOS and the relationship between you and Helmdeck shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Helmdeck agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, State of California regardless of (i) your world-wide physical location, or (ii) the jurisdiction where you purchased or use the Service.
Waiver and Severability of Terms – The failure of Helmdeck to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid under applicable law, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions to the greatest extent possible as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Helmdeck Platform or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.