Welcome to Payhelm, a service that allows you to analyze your subscription business and take action with our marketing tools. This is an agreement (hereinafter, the “Agreement”) between Payhelm (hereinafter, “Payhelm”, “us” or “we”) and you, the individual or legal entity you listed on the account and on whose behalf you are entering this Agreement (“you”) and sets forth the terms and conditions which govern your use of Payhelm (the “Site”) and/or any related services, features (hereinafter, the “Services”) accessed through the Site.
Note: Payhelm, it’s features as well as services, the content on Payhelm’s website will be collectively termed as the “Platform”.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
You can contact us with any questions by emailing the Payhelm team at firstname.lastname@example.org.
Terms of Service
- Your Account – You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Payhelm may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Payhelm liability. You must immediately notify Payhelm of any unauthorized uses of your account or any other breaches of security. Payhelm will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Website Visitors – Payhelm has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Payhelm disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites – We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Payhelm links, and that link to Payhelm. Payhelm does not have any control over those non-Payhelm websites and webpages, and is not responsible for their contents or their use. By linking to a non-Payhelm website or webpage, Payhelm does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Payhelm disclaims any responsibility for any harm resulting from your use of non-Payhelm websites and webpages.
- Copyright Infringement and DMCA Policy – As Payhelm asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Payhelm violates your copyright, you are encouraged to notify Payhelm in accordance with Payhelm’s Digital Millennium Copyright Act (“DMCA”) Policy. Payhelm will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Payhelm or others, Payhelm may, in its discretion, terminate or deny access to and use of the Platform. In the case of such termination, Payhelm will have no obligation to provide a refund of any amounts previously paid to Payhelm.
- Intellectual Property – This Agreement does not transfer from Payhelm to you any Payhelm or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Payhelm. Payhelm, Payhelm and all other trademarks, service marks, graphics and logos used in connection with Payhelm, or the Platform are trademarks or registered trademarks of Payhelm or Payhelm’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Payhelm or third-party trademarks.
- Changes – Payhelm reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Payhelm may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination – Payhelm may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may follow cancellation request routine available on the Platform. Notwithstanding the foregoing, if you have a account, it can be terminated by Payhelm if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Payhelm’s notice to you thereof; provided that, Payhelm can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties – The Platform is provided “as is”. Payhelm and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Payhelm nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
- Limitation of Liability – In no event will Payhelm, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Payhelm under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Payhelm shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification – You agree to indemnify and hold harmless Payhelm, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to out of your violation this Agreement.
- External Resources – The Platform may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Payhelm is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Miscellaneous – This Agreement constitutes the entire agreement between Payhelm and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Payhelm, or by the posting by Payhelm of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by the laws of the state of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in British Columbia, Canada.The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Payhelm may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.