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Terms & Conditions
Effective Date: May 7, 2025
Last Updated: May 7, 2025
1. INTRODUCTION
Welcome to www.helmpay.co (the "Website"), operated by Helmpay Limited ("Helmpay," "Helm," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Website and all related services, features, content, and applications offered by us (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not access or use our Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND ARBITRATION PROVISIONS THAT AFFECT YOUR RIGHTS TO FILE CLAIMS IN COURT.
2. ELIGIBILITY
You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that:
a) You are at least 18 years of age;
b) You have the legal capacity to enter into a binding agreement with us; and
c) You are not barred from using the Services under applicable law.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of our Services, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
a) Create a strong password and keep it confidential;
b) Notify us immediately of any unauthorized use of your account or any other security breach; and
c) Ensure that you log out of your account at the end of each session when accessing the Services on a shared device.
We will not be liable for any loss or damage arising from your failure to comply with these obligations.
3.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
4. SERVICES AND CONTENT
4.1 Service Description
Helm provides [brief description of your services]. Our Services may evolve over time, and we reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.
4.2 Intellectual Property Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Helm, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.3 License to Use Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial use. This license does not include any resale or commercial use of our Services or their contents.
4.4 Restrictions on Use
You shall not:
a) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services;
b) Access, tamper with, or use non-public areas of the Services or our computer systems;
c) Probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
d) Access or search the Services by any means other than our publicly supported interfaces;
e) Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
f) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
g) Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
4.5 User Content
You may be permitted to post, upload, publish, submit, or transmit content through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that:
a) You own or control all rights in and to your User Content and have the right to grant the license granted above;
b) Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; and
c) Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
4.6 Monitoring and Enforcement
We have the right (but not the obligation) to:
a) Remove or refuse to post any User Content for any or no reason;
b) Take any action with respect to any User Content that we deem necessary or appropriate;
c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; and
d) Take appropriate legal action for any illegal or unauthorized use of the Services.
5. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites and services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
6. PAYMENTS AND BILLING
6.1 Fees and Subscription
We offer both free and paid Services. By selecting a paid Service, you agree to pay us the subscription fees indicated for that Service. Payments will be charged on the subscription start date and will cover the use of that Service for the subscription period indicated.
6.2 Automatic Renewal
Subscriptions automatically renew until cancelled. You authorize us to charge your payment method for the subscription fees for each renewal period. If you wish to cancel your subscription, you may do so at any time by contacting us or through your account settings. Cancellation will take effect at the end of your current billing period.
6.3 Refunds
Refunds are provided in accordance with our Refund Policy, which is incorporated by reference into these Terms.
6.4 Price Changes
We reserve the right to adjust pricing for our Services at any time. We will notify you of any price changes before they take effect.
7. DISCLAIMERS
7.1 "AS IS" Basis
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
7.2 No Guarantees
Helm, its subsidiaries, affiliates, and licensors do not warrant that:
a) The Services will function uninterrupted, secure, or available at any particular time or location;
b) Any errors or defects will be corrected;
c) The Services are free of viruses or other harmful components; or
d) The results of using the Services will meet your requirements.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
c) ANY CONTENT OBTAINED FROM THE SERVICES; AND
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Helm, its subsidiaries, affiliates, 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 from:
a) Your use of and access to the Services;
b) Your violation of any term of these Terms;
c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
d) Any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Services.
10. DISPUTE RESOLUTION
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
10.2 Informal Dispute Resolution
Most concerns can be resolved quickly by contacting us at hello@helmpay.co. In the unlikely event that we are unable to resolve your concerns, both you and we agree to the dispute resolution procedures below.
10.3 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the [Applicable Arbitration Rules] in effect on the date on which the arbitration is commenced.
The number of arbitrators shall be one. The seat of the arbitration shall be [Location]. The arbitral proceedings shall be conducted in the English language.
10.4 Class Action Waiver
YOU AND HELM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10.5 Small Claims Court
Notwithstanding the foregoing, either you or Helm may bring an individual action in small claims court.
10.6 Time Limitation
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services 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 Services.
12. GENERAL PROVISIONS
12.1 Entire Agreement
These Terms constitute the entire agreement between you and Helm regarding our Services and supersede any prior agreements, oral or written, between you and Helm.
12.2 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
12.4 Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.5 Contact Information
If you have any questions about these Terms, please contact us at hello@helmpay.co.
13. COUNTRY-SPECIFIC PROVISIONS
13.1 European Union Users
If you are a resident of the European Union:
a) The "Limitation of Liability" section applies only to the extent permitted by applicable law;
b) You have the right to withdraw from a contract for digital content within 14 days, but by accessing or downloading content, you agree that this right is waived; and
c) Alternative dispute resolution is available through the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.
13.2 United Kingdom Users
If you are a resident of the United Kingdom, the "Limitation of Liability" section does not exclude or limit our liability for death or personal injury resulting from our negligence, fraud, or any other type of liability that cannot be legally excluded or limited.
13.3 Australia Users
If you are a resident of Australia, nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, or other right you may have under the Australian Consumer Law (ACL).
13.4 California Users
If you are a resident of California, you may have certain rights under the California Consumer Privacy Act (CCPA) and California Civil Code Section 1798.83, which permits users who are California residents to request certain information regarding the disclosure of personal information to third parties for direct marketing purposes.